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, THURSDAY, DECEMBER 15, 2011 No. 193 House of Representatives The House met at 10 a.m. and was took advantage of the bankruptcy bankruptcy reform. Do as we say, not called to order by the Speaker pro tem- laws, where working with a bankruptcy as we do. pore (Mrs. ELLMERS). judge, it could restructure union con- As a result, we have what I think is truly an insane situation where a spec- f tracts, pension plans, and bank loans to its advantage. ulator could buy six units in a condo- DESIGNATION OF SPEAKER PRO For example, it’s perfectly accept- minium building and have a bank- TEMPORE able and legal for a judge to reset the ruptcy judge reduce the loan’s amount The SPEAKER pro tempore laid be- current value of an asset and to permit and interest rate on each one of the fore the House the following commu- loans with higher interest rates to be speculator’s six units, but the poor soul nication from the Speaker: set at lower current market rate. Un- who bought his unit just to live in it fair as it may seem to people who made cannot have that same privilege. WASHINGTON, DC. If there was bankruptcy equality for December 15, 2011. the loans, it was part of the principle homeowners, I don’t think we ever I hereby appoint the Honorable RENEE L. of bankruptcy, to allow people to not ELLMERS to act as Speaker pro tempore on be mired hopelessly in debt but to start would have had the financial bubble in this day. again under existing market condi- the first place. You can bet that the JOHN A. BOEHNER, tions. It’s part of what keeps our econ- masters of the universe that poured Speaker of the House of Representatives. omy vital, keeping people not tethered billions of dollars into securitized f to mistakes of the past or bad luck, mortgage instruments would have been more careful if they knew that home- MORNING-HOUR DEBATE even if those mistakes were self-in- flicted. owners would have been treated the The SPEAKER pro tempore. Pursu- Contrast this with what business ex- same way as businesses and could have ant to the order of the House of Janu- pects from the 25 percent of home- had onerous provisions modified under ary 5, 2011, the Chair will now recog- owners whose mortgages are under- bankruptcy. nize Members from lists submitted by water, where the financial institutions This is one of the reasons why the Occupy Wall Street people are so out- the majority and minority leaders for have argued about the responsibility of raged, this dual standard, telling home- morning-hour debate. homeowners to avoid the stigma of de- owners to stay the course while large The Chair will alternate recognition faulting, that it was their duty and ob- businesses don’t, fighting for change of between the parties, with each party ligation to pay, even if it was finan- the law under the guise of reform limited to 1 hour and each Member cially irrational and extraordinarily which made it impossible for home- other than the majority and minority difficult. He pointed out that the Mort- owners to be treated as well as specu- leaders and the minority whip limited gage Bankers Association, at the same lators. to 5 minutes each, but in no event shall time it was exhorting homeowners to debate continue beyond 11:50 a.m. If some of our friends on Wall Street hang in there and keep paying their are perplexed about the frustration and f loans even if their mortgage was under- the outrage, they might look in the water, that it walked away from a loan UNEQUAL BANKRUPTCY LAWS mirror. Maybe, just maybe, this is on its headquarters, sticking the lender something that the Occupy Wall Street The SPEAKER pro tempore. The with a $34 million loss on a short sale. and Tea Party advocates can agree Chair recognizes the gentleman from But he missed the real outrage: The upon. Oregon (Mr. BLUMENAUER) for 5 min- expectation where homeowners, under utes. bankruptcy, simply cannot do what f Mr. BLUMENAUER. Madam Speaker, American Airlines and other American BILL OF RIGHTS’ 220TH James Surowiecki outdid himself in businesses can do. Homeowners under ANNIVERSARY the current issue of The New Yorker’s law cannot take bankruptcy and have a The SPEAKER pro tempore. The financial page as he contrasted the de- judge reset the loan value of their resi- Chair recognizes the gentleman from cision of American Airlines to take dence to conform to what the current Georgia (Mr. BROUN) for 5 minutes. bankruptcy versus the expectation of value is and to reduce the interest Mr. BROUN of Georgia. Madam American business for how home- rates to reflect today’s record low Speaker, today I rise to commemorate owners should behave. It wasn’t that rates. That would have been the oner- the 220th anniversary of the adoption American Airlines couldn’t pay its bills ous ‘‘cram-down provision’’ so vigor- of the Bill of Rights to our U.S. Con- with its $4 billion in cash. It’s just that ously resisted by banks and financial stitution. Some of our most basic free- it would be in a stronger position if it institutions when we were discussing doms and governing principles are laid

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 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.000 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8970 CONGRESSIONAL RECORD — HOUSE December 15, 2011 out in this precious document. The sachusetts, and today I want to high- It has struggled with unemployment amendments listed were meant to pro- light one of those Massachusetts and urban blight. The Colonial Theater tect our individual liberties and our projects, the Colonial Theater in Pitts- is a rare architectural gem and one of private property. They serve as a con- field, Massachusetts. the greatest acoustical houses in the stant reminder that our Nation was Let me tell you a little about the world, located in the heart of Pitts- meant for its citizens to have liberty, New Markets Tax Credit. The program field. It was built at the turn of the with very little government intrusion was designed to stimulate investment century, and it was closed for more into their lives. and economic growth in low-income than 50 years. Periodic attempts to re- Today’s modern government has, communities that are traditionally develop the theater failed for lack of sadly, strayed very far away from the overlooked by conventional capital money and sustained public support. vision that our Founding Fathers had markets. The New Markets Tax Credit However, thanks to New Markets Tax when they ratified the Bill of Rights. It program attracts capital to low-income Credit, financing of $16.7 million of a seems like every day we lose a little communities by providing private in- total project cost of $21 million, this bit more of our freedom to the ideals of vestors with a 39 percent Federal tax 70,000 square foot theater and adjacent Big Government and to the standards credit for investments made in busi- building were magnificently restored. of socialism. nesses or economic development With 823 seats, the theater reopened in In Hosea 4:6, God says, ‘‘My people projects located in certain areas where 2006 and now features an impressive are destroyed from a lack of knowl- the individual poverty rate is at least lineup of plays and musical shows. edge.’’ 20 percent or where median family in- James Taylor is currently performing We have a tremendous lack of knowl- come is low. at the Colonial Theater as part of the edge in this Nation about the prin- According to the Government Ac- cast of ‘‘A Christmas Carol.’’ Since its ciples that our Founding Fathers gave countability Office, 88 percent of the renovation, the theater has hosted Arlo us in the U.S. Constitution and the Bill New Markets Tax Credit investors said Guthrie, the Four Tops, and Bob Weir of Rights, and we are being destroyed they would not have made the invest- of the Grateful Dead will perform this because those foundational principles ment in a low-income community spring. Recent musicals and plays at are being eroded day by day here in without New Markets Tax Credits. the Colonial Theater include ‘‘The Congress, by Presidents, and by the Every project or business financed by Who’s Tommy,’’ ‘‘The Producers,’’ Federal court system. New Markets Tax Credits is located in ‘‘The Wizard of Oz,’’ and ‘‘Rent.’’ a low-income community and/or bene- Please read the U.S. Constitution. After the first 2 years of operation, fits low-income individuals. The vast Read the Bill of Rights. Teach them to the independent research firm Center majority, over 90 percent of investment our children and to our grandchildren for Creative Community Development dollars generated through New Mar- so that we can come together and de- estimated that the Colonial Theater kets, has gone to communities with mand a constitutionally limited gov- sustains a direct economic impact of $4 levels of economic distress that far ex- ernment, as our Founding Fathers in- million annually and 100 full-time jobs ceed the minimum requirements of the tended. We need to begin to rebuild the in the Berkshire area. law; and 60 percent has gone to commu- principles that have made this Nation The Colonial Theater is a symbol of the greatest in history, the greatest nities with very high unemployment rates that are at least 1.5 times the na- the re-emergence of Pittsfield as an political experiment in the history of economic and cultural center of the mankind. Those principles are what tional average. Through 2009, New Markets cost the Berkshires. Anchoring the city’s com- have made this country so great, so prehensive strategy for downtown revi- powerful, and so successful; and the Federal Government, in terms of lost revenue, less than $4 billion. That $4 talization, the restored and vibrant Co- only way that we will retain that is if lonial Theater—along with six-screen we become knowledgeable and start de- billion should be treated as a govern- ment investment because it has re- Beacon Cinema Complex, also financed manding a constitutionally limited with New Markets Tax Credits—has government, as our Founding Fathers sulted in $50 billion in capital projects in those low-income communities and created jobs, attracted new businesses, meant it. spurred residential development, and So please read the Constitution. created or retained an estimated 500,000 jobs. According to the Treasury De- added vitality to this city. Widespread Please read the Bill of Rights. Read street-level vacancies in downtown what our Founding Fathers said about partment, every $1 of foregone tax rev- enue under New Markets leverages $12 Pittsfield has been virtually elimi- it. Demand that kind of governance nated and 45 new businesses and res- from our elected representatives all of private investment in distressed communities. That’s results, in my taurants have opened. The restoration across this country, at all levels of gov- has helped attract an estimated 400,000 ernment. Our freedom and liberty de- opinion. Unfortunately, New Markets is a new visitors to the downtown Pittsfield pend upon it. area each year. Thank you. God bless you. God bless temporary program and unless Con- Let’s rejuvenate the New Markets America. gress acts this month, it will expire on December 31. I am, and have been, the Tax Credit program. f lead Democratic sponsor of legislation b 1010 to extend this program for 5 years; and f I have been leading the charge for REAUTHORIZE NEW MARKETS TAX years to make this a permanent initia- WELCOME HOME, COMPANY C CREDIT PROGRAM tive. I once again call on our colleagues The SPEAKER pro tempore. The to extend New Markets. The SPEAKER pro tempore. The Chair recognizes the gentleman from Let’s talk about the success of New Chair recognizes the gentleman from Massachusetts (Mr. NEAL) for 5 min- Markets in Massachusetts. Over 170 West Virginia (Mr. MCKINLEY) for 5 utes. businesses in Massachusetts have re- minutes. Mr. NEAL. Madam Speaker, I want ceived New Markets financing: Hot Mr. MCKINLEY. Madam Speaker, to talk about a program that is set to Mama’s Foods in Springfield; the River today I am happy to announce that expire at the end of the year if Con- Valley Market in Northampton; the Company C, 150th Aviation United of gress does not act, and it’s the New Holyoke Health Center; and now the the West Virginia National Guard is on Markets Tax Credit program. I have High Performance Computing Center in the way home to their families and fought for this program since its enact- Holyoke as well. should arrive this afternoon after serv- ment in 2000 because it’s a cost-effec- But I want to focus today on the Co- ing our Nation for the past 12 months tive way to create jobs and drive in- lonial Theater in Pittsfield, Massachu- in Kosova. Truly, there could not be a vestment in communities with high setts. Pittsfield is a city in western better Christmas present. rates of poverty and unemployment. Massachusetts with a population of Company C is based in the First Dis- I’ve seen the amazing results of this about 42,000 people. It’s the largest trict of West Virginia in my hometown initiative first hand back home in Mas- community in that region of the State. of Wheeling and was deployed 1 year

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.003 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8971 ago to Kosova on a peacekeeping mis- home those troops who have fought to That was appropriate. That was accept- sion. While overseas, the unit was re- protect country, defeat terrorists, and able. But continuing assault on just sponsible for all aerial operations with- stabilize the international community. one segment is not. This comes on top in their area of responsibility. Com- They have blessed America with their of salaries that are already lower than pany C soldiers logged 2,899 flight courage and their commitment and those for comparable private-sector hours in 951 missions, they ran mul- their service. jobs. Let me repeat that because there tiple mechanical inspections and re- b 1020 is a prejudice that somehow Federal fueling missions, and dispensed 246,260 employees are vastly overpaid. In fact, gallons of fuel. But Federal civilian employees make the Federal Salary Council’s annual re- The West Virginia National Guard certain that the products we buy and port last month found that Federal plays a key role in the defense of our the prescription drugs we use are safe. workers are paid, on average, 26.3 per- country and interests around the They perform critical research to ad- cent less than comparable private sec- world. America could not be prouder to vance the fight against cancer and tor jobs. have these men and women as our rep- other diseases. They help our farmers Now some people don’t understand resentatives. and ranchers access new markets for that because what we ask our Federal Today I am thrilled to say, Welcome their goods. They see millions of pas- employees to do requires for the most home, Company C. sengers travel safely across our skies part high skills. We have a lot of engi- f and keep watch over our ports and bor- neers, scientists, and doctors at NIH, at der crossings. They ensure a fair play- SUPPORT AMERICA’S CIVIL Goddard NASA and in the FBI, highly ing field for banks and businesses and SERVANTS skilled, highly educated people, a 26.3 enforce the rules we have in place to percent differential in pay for com- The SPEAKER pro tempore. The preserve the health of our air and parable work that is done in the pri- Chair recognizes the gentleman from water from pollution. vate sector. Maryland (Mr. HOYER) for 5 minutes. So many of the public functions we Now most of you who, many of you Mr. HOYER. Madam Speaker, yester- often take for granted are the purview are sitting there, and perhaps our view- day we passed a Defense authorization of the hardworking men and women bill. That Defense authorization bill ers, are saying, oh, no, that’s not true, who constitute our Federal workforce. I know it’s not true, because I see what had a 1.6 percent increase for our mili- They’re middle class Americans, work- tary personnel. That was an appro- the average salaries are. What they ing Americans, who have, in many don’t see are the average requirements priate thing for us to do. cases, chosen to serve their country by However, at the same time we are for skills. lending their talents and skills—some looking at reducing very substantially Madam Speaker, America’s public for a short time, others for their entire the pay and benefits available to our servants are already making a con- careers. civilian Federal employees. Madam tribution because they loved this coun- As an American, I am proud of the Speaker, I rise out of a deep concern try and recognized that when times are work they do, and as a Member of Con- that this Congress continues to ask one tight, everyone—everyone—everyone gress from Maryland, I am proud to group to sacrifice to bring down our has to pitch in, even the best off in represent a great number of them in Nation’s deficit while not asking oth- America. A belief in smaller govern- this House. But for those who believe ers to contribute as well. ment does not grant one license to di- That one group are average working that most or even a significant number minish the contribution made by those Americans. Now, they work for the of our Federal workers live here in who serve in government. If we cut Federal Government, some perhaps the Washington, Maryland and Virginia, government and need less people to run State and local governments. And let me set the record straight. Eighty- it, that makes sense. there is an antipathy towards govern- five percent of Federal employees live But what does not make sense is to ment by many, many of the public, and work somewhere other than the undermine the ability to recruit and many Members of this House. That an- Washington metropolitan area—85 per- retain the quality of people that we tipathy is, therefore, focused on the cent. They provide essential services to need to continue to make this country, workers. But we have substantially neighbors and communities in all 50 in partnership with the private sector, fewer Federal employees today than we States and every single one of our dis- the greatest country on the face of the had 20 years ago, not only in terms of tricts. Earth. We must always remember that real numbers but in terms of per cap- Everything must be on the table we are blessed, as Lincoln said, with a ita, where the population has substan- when addressing the budget. And by government of the people, by the peo- tially expanded and the number of Fed- the way, I put on the table a zero COLA ple and for the people, that this is us eral employees per person to be served adjustment 2 years ago sitting in the together, the one who serves and the has been substantially reduced. White House around the table, having one who benefits from that service. It With all of the challenges we face talked to leaders of our Federal em- is the bond of a neighbor and that of a today on a national scale, we ought to ployees. I said, look, we need to tighten fellow American. Let us remember ensure that those who help devise solu- our belt. Americans are having trouble, that. Yes, we need to tighten the belt tions and carry them out receive the we have a lot of our neighbors out of in a notch. We need to make sure that recognition they are due. We talk a work, we need to tighten our belt, and we are on a fiscally sustainable path. good game on this floor; but, very we took a zero percent. We have taken But let us do so in a way that has ev- frankly, we turn it over to employees it 2 years in a row, a $60 billion con- erybody contribute, not just an to carry out our policies. We don’t do tribution already by Federal employ- unfavored few who serve us well. that. They do it. ees—$60 billion. We say we can’t raise a f They should not be constantly sub- nickel of additional taxes from the jected to the kind of verbal attacks and most well off in America, but we can FIXING THE PAYROLL TAX legislative assaults we have seen over take $60 billion from average working The SPEAKER pro tempore. The the last couple of years and that are in- men and women in this country. Every- Chair recognizes the gentleman from cluded in the bills that have passed thing must be on the table. California (Mr. MCCLINTOCK) for 5 min- this House just this past week. I am I’m deeply disappointed, however, utes. speaking, of course, about America’s that we continue to attack these public Mr. MCCLINTOCK. Madam Speaker, public servants. servants unfairly and single them out. one of the items of unfinished business Those who work in civilian govern- Now when I say ‘‘we,’’ I mean the Re- remaining to this Congress is extend- ment positions are no less important to publican bills that have been offered on ing the payroll tax cut of last year that our safety, health, prosperity, and gen- this floor and have been discussed. funds Social Security. It is an eral well-being than their military When middle class families across inframarginal tax cut, meaning that it counterparts who protect our freedom. the country are struggling to make doesn’t change economic incentives I honor our troops. I will be wearing ends meet, Federal employees have al- and therefore it doesn’t produce lasting a yellow ribbon later today to welcome ready accepted a 2-year pay freeze. economic growth. But it does provide

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.005 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8972 CONGRESSIONAL RECORD — HOUSE December 15, 2011 great relief to working families, allow- Mr. LANDRY’s bill would give every But Thomas Jefferson and others ar- ing them to keep more of their earn- American the choice to receive the gued that the Bill of Rights was nec- ings at a time of declining incomes, year of tax relief in exchange for delay- essary to protect individuals from their shriveling assets, and rising prices, and ing their retirement by a month. Ac- government. Think about how wise the it should be extended. But it must be cording to the Social Security chief ac- Founders were to ensure that the very extended responsibly to avoid doing tuary, this would pay for itself. It government they were establishing further damage either to the economy would give every family in America the would not encroach on certain funda- or to the Social Security system that choice of deciding for itself whether mental liberties of the people. As Jef- this tax supports. the benefits of the tax cut are worth ferson wrote in letter to James Madi- That means we have to make up the the cost of working a month longer. It son, ‘‘a bill of rights is what the people lost revenue. Now the Democrats have would provide tax relief for those fami- are entitled to against every govern- said, well, no problem, just tax the lies that need it without doing harm to ment on Earth.’’ rich. In fact, they say that a lot. The the Social Security system that the Since Jefferson was not part of that problem is that the tax increases they tax supports and without shifting the Constitutional Convention, James propose are marginal tax increases, burden to pay for it to home buyers, as Madison took up the task of drafting a precisely the kind of tax increase that the House version does, or to job cre- bill of rights. After much debate and does enormous damage to the overall ators, as the Senate version would have compromise, 10 amendments were ap- economy. Remember, more than half of done. proved and added to the Constitution. net small business income would be It’s not too late to fix this problem Right at the very beginning, we find subject to their tax increase—at pre- the right way. And I would strongly the bedrock of the Bill of Rights, the cisely the moment when we’re depend- urge the House to take Mr. LANDRY’s great five freedoms of the First Amend- ing upon those small businesses to cre- bill more seriously in the closing days ment: religion, freedom of speech, ate two-thirds of the new jobs that our of this session. press, to peacefully assemble, and peti- people desperately need. tion of government. Those are the most Now the measure passed out of the f basic freedoms we have, but they’re not House this week also does far more b 1030 harm than good. Unfortunately, the always without controversy. From the so-called ‘‘War on Christ- House added $167 billion to this year’s BILL OF RIGHTS DAY mas’’ to government-led prayer in already crushing deficit, mostly to pay The SPEAKER pro tempore. The school, we continue to debate what the for the payroll tax cut, purporting to Chair recognizes the gentleman from free exercise of religion and the estab- repay 1 year’s tax relief over the next Tennessee (Mr. COHEN) for 5 minutes. lishment clause meant. And that is not 10 years. How does it do that? Well, in Mr. COHEN. Madam Speaker, today part, it tacks on additional fees to new. is the 220th anniversary of the passage Thomas Jefferson found himself deep mortgages backed by Fannie Mae and of the Bill of Rights. It was declared in the war over religious liberty as Freddie Mac. This shifts the burden to Bill of Rights Day by Franklin Roo- well. In response to attacks that he home buyers, who will end up paying sevelt back in the forties and it’s an was insufficiently religious, he wrote far more in new taxes that are now hid- anniversary that’s too often over- den in their mortgage payments than in a letter to Benjamin Rush, ‘‘For I looked. have sworn upon the altar of God, eter- they will ever get back from the tax Ken Paulsen, the President of the cut. True, under the House version, the nal hostility against every form of tyr- First Amendment Center in Nashville, anny over the mind of man.’’ He went average family will save over $1,000 in Tennessee, at Vanderbilt University’s payroll taxes, but if that family takes on to explain in his famous letter to campus and the American Society of the Danbury Baptists that there is ‘‘a out a $150,000 mortgage backed by News Editors, recently wrote that the Fannie or Freddie, they’ll end up pay- wall of separation between church and Bill of Rights is ‘‘a document that State’’ since ‘‘religion is a matter ing an extra $3,000 as a result of this guarantees core personal liberties, in- bill—$1,000 of tax cuts for $3,000 of which lies solely between man and his cluding freedom of expression and God.’’ extra mortgage payments. faith, a fair judicial process, the right Put more bluntly, the House version But that does not put the issue to to bear arms, and protection against kicks the housing market when it’s al- rest. We continue to wrestle with these unreasonable government seizures . . . ready down, making it that much more issues today. But the Bill of Rights, yet almost no one takes time to reflect expensive for home buyers to re-enter particularly the First Amendment, is on the importance of December 15th that market and adding to the pres- what enables us to work our differences sures that have chronically depressed and the anniversary of these funda- out peacefully through the democratic our home values. Worse, the House mental freedoms,’’ and particularly process. version would turn Fannie and Freddie what they really are. That’s why I We have the right to speak our mind into tax collectors for the general fund. wanted to come to the well today and without fear that the government will If the House bill is enacted, we will spend a few minutes reflecting on this stifle dissent. We have the ability to have constructed a cash machine for amazing document and the freedoms hold our government accountable with government with an adjustable knob. that we derive from it. a vibrant free press because an in- And given the insatiable appetite of It’s easy to take our Bill of Rights formed citizenry is what keeps democ- this government, the odds are far for granted. Of course we have the racy strong. And we have the right to greater that that knob will be turned right to speak our minds. We don’t live protest when we’re dissatisfied with up and not down in coming years. in fear that the police will break down our government. Ironically, one of the reasons to con- our doors without exigent cir- Whether it’s actions by the Tea tinue the payroll tax cut is because of cumstances or a warrant. It would be Party or the Occupy movements, the shrinking family assets—mainly the ridiculous to imagine a church of people are exercising their right to as- value of their homes. The House America to which we all must belong semble and petition their government version adds to the downward pressure and to which we must worship accord- for redress of grievances. As elected of- on their home values while telling ing to its dictates; but you only need ficials, it’s up to us to consider their them we’re doing them a favor. Some to look across the globe to the Arab causes while also protecting their favor. Spring and elsewhere to see millions of rights. Fortunately, there is a way to extend people protesting and risking their I remember back in 1993 when I was a the payroll tax cut, protect the Social lives just to have a taste of the free- Tennessee State senator, in one week I Security system, and avoid doing fur- doms we take for granted, and you re- stood on the legislative plaza and I de- ther harm to the economy, and that’s alize how fortunate we are. fended the Second Amendment urging the measure offered by Mr. LANDRY of When the Constitution was ratified, the passage of Tennessee’s right to Louisiana, H.R. 3551. That bill was there were very few individual rights carry bill, and the next week I was on given short shrift in the House last guaranteed. It was mostly about set- the plaza supporting a woman’s right week, and that’s a shame. ting up the structure of government. to choose, which comes through the

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.007 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8973 Ninth Amendment. No two people of ei- world would be engaged in a stealth laundered or smuggled millions of dol- ther of those rallies were the same; smuggling operation by sending guns lars in drug money to the drug cartels. they were indeed very different. But and money to narcoterrorists. How many millions, no one knows. what they were advocating was both in It appears a group of people in the They allegedly handled the money on the Bill of Rights, and both supported ATF and the DEA, all under the super- its path to the hands of the drug lords. such and the Bill of Rights supported vision of the Department of Justice, fa- This failed operation, like with the them. cilitated trafficking of guns and money guns, was an effort to track the money I have devoted much of my career to to the drug cartels—the national and bring down the cartels. Of course, fighting for fairness in our criminal enemy of Mexico and of the United the cartels are as strong as ever. justice system. It’s the Bill of Rights States. These vicious cartels have in- The administration claimed in a that builds fundamental fairness into flicted terror on both sides of the bor- statement last week that it was work- that system, particularly the Fifth, der. They are literally at war with the ing with the Mexican Government on Sixth, and Eighth Amendments. It Mexican people, the people to the south the operation on ‘‘joint investigations guarantees that we’ll have a reasonable of us, our neighbors. to detect and dismantle money laun- bail, a fair chance to prove our inno- First we learned that the Justice De- dering networks.’’ However, according cence, have a lawyer, be able to ques- partment, with the help of the ATF, to a spokesperson for President tion witnesses, and, if convicted, we apparently facilitated smuggling of Calderon of Mexico, they had no idea won’t be subject to torture or other over 2,000 weapons to the drug cartels. the DEA was involved in this drug cruel and unusual punishments. These guns included semiautomatic money laundering operation. The Bill of Rights embodies the core weapons and sniper rifles. People have The DEA and the ATF are under the values of this Nation: freedom, fair- died because of this activity. These control of the Justice Department. ness, justice, and equality. weapons were used to kill at least 200 These disturbing operations facilitated We need to remember, though, that Mexican nationals and two U.S. agents. the worst kind of result: They have re- we have not always upheld those val- The Attorney General admitted to sulted in people dying. And millions of ues. For example, the Fifth Amend- me in the Judiciary Committee last money and hundreds of guns are unac- ment guarantees that we won’t be de- week, more people are going to die, all counted for. prived of life, liberty, or property with- because our government is helping the b 1040 out due process of law. But many of the drug cartels in Mexico obtain auto- The drug cartels are the narcoterror- same people who drafted the Bill of matic weapons. ists. They are the enemy of Mexico and Rights and the Constitution owned Of the 2,000 weapons smuggled to the U.S. They exist to obtain money slaves, treated them as property, and Mexico, most are still unaccounted for. and guns, and the United States helped gave them no rights whatsoever. It We don’t know where they are. them get both. Somebody needs to go took almost 100 years to abolish slav- The Attorney General is the chief to jail. ery and almost another 100 years to get lawyer and law enforcement officer in We need an independent counsel to beyond the Jim Crow laws that contin- the country, but he claimed last week investigate the Justice Department ued such. in the Judiciary Committee he didn’t and the ATF. The Justice Department We must honor the Bill of Rights and know about Fast and Furious until re- cannot be trusted to investigate them- respect it for what it has done and rec- cently. He either didn’t read the memo selves because the agency has lost ognize it today. or he didn’t get the memo. What is credibility. Even Washington insiders I thank Thomas Jefferson and James more remarkable, Madam Speaker, he responsible for Fast and Furious and Madison and others who gave us the claims he doesn’t know who authorized money laundry smuggling cannot hide Bill of Rights; and I swore upon the the smuggling ring. To coin a phrase from the long arm of the American jus- altar of God, eternal hostility toward from Secretary of State Hillary Clin- tice system because, Madam Speaker, all forms of tyranny over the mind of ton, the idea that Eric Holder, the head justice is what we do in this country. man. of the Department of Justice that And that’s just the way it is. oversaw this operation, was not in- We must always strive toward that ‘‘more f perfect union’’ discussed in the preamble of volved or was unaware of what took the Constitution. place requires a ‘‘willing suspension of IN GOD WE TRUST, BUT CAN HE That’s why we should be thankful for the or- disbelief.’’ TRUST US? ganizations that fight each day to defend the The question is: Is there a rogue The SPEAKER pro tempore. The Bill of Rights and our freedoms. group of moles operating stealth activ- Chair recognizes the gentleman from You may not always agree with them, but ity in the Department of Justice? Ap- New York (Mr. RANGEL) for 5 minutes. groups like the ACLU, People for the Amer- parently, no one really knows. The At- Mr. RANGEL. I rise, Madam Speaker, ican Way, and the Freedom Forum, are on the torney General also admitted last week to share with the House the impor- front lines defending our rights, even when it that this operation was in fact reck- tance of extended unemployment in- means taking unpopular positions. less. surance, increasing disposable income, Every day, we’re touched by the Bill of It’s worth noting, Madam Speaker, and to try desperately hard to shatter Rights, but too often we fail to recognize its when a person recklessly causes the the myth that some of the opponents of importance. death of another person, it’s the crime extended unemployment have ex- I hope my colleagues, and all Americans, of manslaughter. If people under the pressed, and this is that Americans will take time today to think about the Bill of Attorney General violated U.S. or don’t want to work and would prefer to Rights and how lucky we are to live in a coun- international law, they need to be ac- receive a check and that receiving this try that guarantees us the liberty and free- countable for their actions. check is a deterrent for them to go out doms enshrined in that document. It’s been almost 1 year since Agent and search for jobs. f Brian Terry was murdered and when we I can’t believe that this is a Repub- first learned about this foolish oper- lican doctrine because, outside of these GUNS AND MONEY SENT TO ation we now know as Fast and Furi- Halls, most Americans don’t wear on CARTELS BY U.S. GOVERNMENT ous. Terry was killed by one of these their sleeves whether they’re Repub- The SPEAKER pro tempore. The smuggled guns to Mexico, but yet no lican or Democrats or liberals or con- Chair recognizes the gentleman from one claims to know who is responsible. servatives. Most Americans just want Texas (Mr. POE) for 5 minutes. The second part of the rogue oper- to be a part of this wonderful American Mr. POE of Texas. Madam Speaker, ation was the apparent laundering of Dream. when most people think of smuggling, money to the Mexican narcoterrorists And while we work in order to have they envision outlaws in the dark of facilitated, once again, by the United wages, so much a part of having a job night lawlessly shuffling around guns States Government. is self-esteem. That’s what our great and money to other outlaws. Most peo- According to a New York Times re- country is about. Not since the Depres- ple would never imagine that the gov- port last week, undercover American sion have Americans felt so embar- ernment of the greatest nation of the narcotics agents from the DEA rassed because their kids are being

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.008 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8974 CONGRESSIONAL RECORD — HOUSE December 15, 2011 asked questions as to did your daddy PLANNED PARENTHOOD Americans should be outraged to and mom lose their job. INVESTIGATION learn of this horrific and possibly ille- People who thought they made it The SPEAKER pro tempore. The gal use of their tax dollars. Planned into the middle class, which is the eco- Chair recognizes the gentleman from Parenthood must be held accountable. nomic heartbeat of this great Nation, Texas (Mr. OLSON) for 5 minutes. I will continue to fight to cut off moved into communities with higher Mr. OLSON. Madam Speaker, last every single tax dollar that Planned rents or higher expenses in terms of week, seven former Planned Parent- Parenthood and similar organizations their homes; and then they were hit by hood employees wrote a joint letter to receive. We can never tire. We can this economic nightmare. Through no the Energy and Commerce Committee never rest in our moral obligation to fault of their own, they lost their jobs, detailing the facts that many of my protection our Nation’s unborn chil- their homes, their savings, their hope. colleagues and I have long believed to dren. And they are out there, and we are say- be true. Planned Parenthood is grossly b 1050 misusing taxpayer funds. ing that they don’t want to work, that Federal tax dollars are legally pro- they enjoy being unemployed? These former employees revealed that clinic staff failed to properly fol- hibited from being used for abortions. You know, this great Nation has the low correct billing procedures to pre- Under our Constitution, the Obama ad- Constitution as its foundation, but vent Federal tax dollars from being ministration has a duty to enforce there’s something that’s not written used to fund abortion services as de- these laws. Under the same Constitu- there, and that is, if you can make manded by law. They outlined other tion, the Congress has a duty to ensure your way to America, you can improve, horrific violations, including failure to that the executive branch follows the not just your status, but the status of properly notify parents when a vulner- law of the land. I applaud those Ameri- your kids and your grandkids. able young girl may have been a victim cans who bravely raise their voices on Something has happened with this of rape and is seeking an abortion. behalf of innocent children who don’t dream as it becomes a nightmare, and These former employees also wrote have one and maybe never will. it has to do with disparity of the in- that abortion is indeed offered as a f come because if you are born into pov- means of family planning, in blatant BILL OF RIGHTS erty, chances of getting out of it in the violation of Federal law. For years, we United States of America is far less feared that Planned Parenthood was The SPEAKER pro tempore. The than in some other countries. That’s engaged in several of these abuses, and Chair recognizes the gentleman from not us. That’s not what we believe in. now we have the inside information Washington (Mr. MCDERMOTT) for 5 from brave folks who have confirmed minutes. And no one is asking for a class war. Mr. MCDERMOTT. Madam Speaker, We’re talking about a class in under- these fears. In an effort to shed light on how today we celebrate an action that took standing the economy of this great Na- place 220 years ago when we passed the tion. Less than 1 percent of Americans much taxpayer money is at stake and to keep a promise I made to the people Bill of Rights. But I rise today to ex- own 42 percent of America’s wealth. press my dismay at the passage of the And worse than being poor, more of Texas 22 when I was first elected, I requested a GAO report to give the National Defense Authorization Act Americans who thought they reached yesterday. Not only did this bill curb the middle class wake up each and public a full accounting of exactly how much Federal money is sent to organi- our ability to keep America safe, it every day and find out that they’re made a mockery of our constitu- back into poverty. zations that perform abortions each year. We learned that over a 7-year pe- tionally protected rights. Can’t we find some way to realize riod, the taxpayer price tag to these or- But there is a larger point about the that this is not a party issue, that ganizations is almost $1 billion. state of this country which is worth these are the principles of the United And last week I was further sickened noting. Over the past several months, States of America? to learn that, according to the former this body has wasted precious time Don’t we know that these debates Planned Parenthood employees, be- writing a defense authorization bill that we’re having as to who can be the tween Federal and State contributions, with so many unsavory provisions the meanest and most ridiculous is causing Planned Parenthood alone receives President threatened to veto it. us, as a Nation, to lose the principles? roughly $1 million per day of taxpayer National security officials from all And aren’t these principles how do we funds. And yet they’re accountable to political spectrums condemned it as treat the lesser of our brothers and sis- no one, including the taxpayers who dangerous and unnecessary. In the end, ters in this country? Isn’t the question morally oppose these funds being used the bill was watered down in response of how we treat our children, is that to end an innocent life. to many of the serious concerns about gone out of the window? Our aged, our I thank my Energy and Commerce the bill, though it did not go nearly as sick and those in poverty? colleague, Subcommittee Chairman far as it should. The final bill still con- CLIFF STEARNS, for launching an inves- tains restrictions on transfer of Guan- Isn’t there something when middle tigation into this matter. And I’m con- tanamo detainees and grants the Presi- class people have to watch the cash fident that the full committee will do a dent the power to indefinitely detain register when they’re paying out at the thorough audit of this corrupt organi- without trial American citizens in counter to make certain that they zation. An investigation is sorely over- military custody. It shows just how far didn’t pick up more than they can pay due. along the slippery slope our country for? Madam Speaker, behind me is a pic- has moved since 9/11 in authorizing What about having your possessions ture of one of the largest Planned Par- sweeping powers to the President at put in the street for nonpayment of enthood clinics ever built. Tragically, the expense of our civil liberties. rent? it’s located right outside of the district Let’s be clear. The over-militariza- They’re looking for unemployment I represent in Houston, Texas. It’s sur- tion of our counterterrorism efforts compensation checks as a way of life? rounded by four low-income minority goes against American values and civil They have to explain this? neighborhoods, Planned Parenthood’s liberties, though some people continue target audience. to justify it through fearmongering. No, we have to get back our dignity This massive building has an entire We saw this after the horrific events of as a Nation, and it doesn’t include the floor dedicated to abortion services and 9/11 when President Bush signed into gridlock that we have in the House of rumored late-term abortions. And be- law the Patriot Act that dramatically Representatives. Sure, getting elected cause of the seven former Planned Par- expanded law enforcement agencies’ is important. But fulfilling the Amer- enthood employees, we know doctors ability to search telephone, email, and ican Dream is far more important than and clinic employees have illegally en- financial records without a court order anything this Nation’s based on. couraged young girls to abort an un- in the name of intelligence gathering. Yes, God bless America. Yes, in God born child as a means of family plan- One section of the Patriot Act even we trust. Let’s hope that God trusts us. ning, all on the taxpayer dime. allows the FBI to review library

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.011 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8975 records, to look at which books you’re mit a copy of the Post article for the cide, Tom Andrews, spoke about his ex- reading. record. periences while visiting the region. In short, what we’ve done over the The Sudanese people have long been He said there were reports of ‘‘Suda- past decade is embrace national se- brutalized, marginalized, and terror- nese armed forces and their allied mili- crecy over national security. And the ized by their own government. Yet, un- tias going door to door targeting peo- NDA bill took the Patriot Act to a believably, it seems the same regime ple based upon their religion and based whole new radical level. What the ad- has been afforded the privilege of legal upon the color of their skin.’’ And yet vocates of this bill don’t seem to real- representation in Washington by the the Obama administration gives them ize is that the American public is al- Obama administration. the right to have somebody in this ready paying a price in the name of According to a news report earlier town represent them. this week in Africa Intelligence, Mr. keeping our Nation safe. b 1100 In September the Center for Inves- Fisher was hired with the express pur- tigative Reporting and NPR conducted pose of trying to ‘‘lift American sanc- A recent delegation from the U.S. a joint investigation into private secu- tions against it.’’ In documentation Commission on International Religious rity at the Mall of America in Min- posted on the Department of Justice Freedom visited Sudan and met with neapolis. They found that the mall se- Web site, it appears that Mr. Fisher refugees in Yida camp. They returned curity personnel stopped an average of was granted a license by the Office of with similar reports. All of the pastors 1,200 people a year. Nearly two-thirds Foreign Assets Control at Treasury to with whom they spoke said they fled of those people belong to racial and provide this representation, and that southern Kordofan after learning that ethnic minorities. Personal informa- he plans to engage in political activi- the Sudanese military was undertaking tion from the suspicious activity re- ties, among them ‘‘representations, in- house searches for Christians and ports from the mall were sent to the cluding petitions to U.S. government SPLM-North supporters. FBI. So they’ve got an FBI file. Some agencies regarding sanctions.’’ We stand just blocks from a museum of these people were reported for look- I’m appalled that this has been per- that cries out, ‘‘Never again.’’ Mean- ing at the security guard in a ‘‘sus- mitted and someone or Mr. Fisher’s po- while, it appears that this administra- picious’’ way. litical contributions were a factor. The tion is complicit in allowing a geno- An Army veteran was questioned for administration should reverse this ap- cidal government to have an advocate nearly 2 hours about a video he made proval. in Washington. inside the mall. One man left his cell Martin Luther King famously said, The people who have the authority phone on a table in the food court, and ‘‘In the end, we will remember not the and the power to stop this from hap- an FBI agent showed up at his family’s words of our enemies, but the silence of pening are President Obama, Secretary home asking if they knew anyone who our friends.’’ The Obama administra- of State Clinton, Secretary of the might want to hurt the United States. tion should remember the words ‘‘the Treasury Geithner, Adam Szubin, who These intrusions create a chilling ef- silence of our friends.’’ is the head of the office of OFAC, and fect that causes law-abiding Americans What must the people of Sudan be David Cohen, the Under Secretary for to think twice about exercising their thinking at this particular juncture Terrorism and Financial Intelligence basic constitutional rights to speech when the administration struggles to at Treasury. and assembly. find its voice on their behalf, while at History will be the judge if they fail James Madison, as you heard, wrote the same time seemingly empowering to act. the Constitution and the Bill of Rights, the voice of their oppressors? [From the Washington Post, Dec. 15, 2011] and he once said, ‘‘The means of de- Sudanese President Omar al-Bashir’s SUDAN HIRES WASHINGTON LAWYER fense against foreign danger histori- crimes are well known and docu- (By Dan Eggen) cally have become instruments of tyr- mented. This is the same man that is The Obama administration has allowed the anny at home.’’ accused by the International Criminal Republic of Sudan to hire its first U.S. law- That could not ring truer than yes- Court of five counts of crimes against yer in years, prompting strong objections terday. This is a sad day for our liberty humanity, including murder, rape, tor- from human rights groups and some mem- and freedom when we give to the Presi- ture, extermination, and two counts of bers of Congress. dent—we may like the President, we war crimes. Bart S. Fisher, a veteran international I’ve been to Sudan five times, includ- trade lawyer, is being paid $20,000 a month by may think he’s a great man—but to Sudan to help the strife-torn African nation give that office the power to hold ing in July of 2004, when Senator Sam in its attempts to have U.S. economic sanc- Americans without trial in military Brownback and I were the first con- tions lifted and be removed from the State custody indefinitely is eroding our gressional delegation to go to Darfur. Department’s list of terrorism-sponsoring right to a free trial and an ability to We spoke with women who had been governments, according to federal registra- confront our accuser. Those things raped just days earlier. The Arab tion documents. that are in that Bill of Rights are being Janjaweed militias, armed by Khar- The hiring has angered U.S. human rights taken away from all of us. toum, the government of Khartoum of activists and some lawmakers because of the Sudan, told these women that they Sudanese regime’s history of alleged geno- Now, we think it won’t happen to me. cide and other atrocities against its citizens Be careful. That’s what people thought wanted to make ‘‘lighter-skinned ba- during a decades-long civil war. Fighting has in a lot of other places in the world. bies.’’ flared again this year along the border with And suddenly, as Martin Niemoller said In addition to horrific human rights newly independent South Sudan, displacing in the German prison camps, ‘‘And abuses and crimes committed by an estimated 400,000 people and prompting then they came for me, and there was Bashir and his National Congress new accusations of indiscriminate bombing no one to stand up.’’ Party, Sudan remains on the State De- and illegal killings by the Khartoum govern- ment. f partment’s list of State sponsors of ter- rorism. It is well known that the same Rep. Frank R. Wolf (R–Va.), a longtime SUDAN people currently in control in Khar- critic of the Sudanese regime, attacked Fish- er in the House and during a news conference The SPEAKER pro tempore. The toum gave safe haven to Osama bin this week for agreeing to work for ‘‘a geno- Chair recognizes the gentleman from Laden in the early 1990s. Moreover, cidal government’’ that ‘‘has blood on its Virginia (Mr. WOLF) for 5 minutes. Khartoum was a revolving door for hands.’’ He also said he suspected the admin- Mr. WOLF. Mr. Speaker, I was Hamas and other designated terrorist istration may have issued a license to Fisher pleased this morning that The Wash- groups. because of the lawyer’s past campaign con- ington Post did a story on a shameful But Bashir’s crimes are not merely a tributions to President Obama, Secretary of development here in Washington; thing of the past. At the recent Tom State Hillary Rodham Clinton and other namely, that Bart Fisher, a Wash- Lantos Human Rights Commission Democrats. ‘‘I don’t know how Mr. Fisher sleeps at ington lawyer, was granted a license by hearing on the crisis in Southern night,’’ Wolf said on the House floor Tues- the Office of Foreign Assets Control, Kordofan and Blue Nile states in day, adding later: ‘‘If he has received one OFAC, at Treasury, to represent the Sudan, a former Member of Congress penny from the government of Sudan, he genocidal government of Sudan. I sub- and President of United to End Geno- should return it immediately.’’

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.012 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8976 CONGRESSIONAL RECORD — HOUSE December 15, 2011 An alliance of activists, Act for Sudan, Ms. WOOLSEY. Madam Speaker, now United States security depends on plans to picket Fisher’s Washington offices that the war in Iraq is drawing to a winning hearts and minds around the on Friday. ‘‘Our government should not be close, this is the perfect moment to world, but we’ll never do it with mili- seeing this as the time to reward the govern- reset our national security strategy, to tary occupations and repressive deten- ment of Sudan,’’ said Act for Sudan spokes- man Eric Cohen. change our underlying approach to pro- tion policies. We’ll do it by bringing Fisher said in an interview Wednesday that tecting America. our troops home and by immediately the objections are misplaced and based on Unfortunately, on the very day that adopting the principles of a smarter se- the erroneous idea that he is working as a the President visited Fort Bragg to af- curity policy. lobbyist. Under the terms of the license firm our full military withdrawal from f issued by the Treasury Department, which Iraq, this body approved—without my enforces sanctions against Sudan, Fisher vote—the National Defense Authoriza- ISRAEL, TOGETHER WE STAND may only represent the Khartoum govern- tion Act, which will continue to dedi- The SPEAKER pro tempore. The ment in legal matters and is forbidden from cate billions upon billions of taxpayer Chair recognizes the gentleman from lobbying or engaging in public relations, dollars to warfare and weaponry. Pennsylvania (Mr. MURPHY) for 5 min- records show. While it’s true that the bill rep- ‘‘I am not a lobbyist,’’ Fisher said. ‘‘I am a utes. lawyer, and the Embassy of the Republic of resents some modest attempt at cuts, Mr. MURPHY of Pennsylvania. A few Sudan is my client.’’ authorizing less than current law months ago, Prime Minister of Israel The State Department has designated spending and less than the President Benjamin Netanyahu addressed a joint Sudan a state sponsor of terrorism since requested, we’re still talking about $662 session of Congress in this very Cham- 1993, when the United States imposed sanc- billion in defense programs. $662 billion ber. tions on the country for harboring terrorists is a lot of money. It is particularly a He was welcomed by Members with a such as Osama bin Laden. The restrictions lot of money at a time when the House standing ovation. Several times during remained amid persistent allegations of majority won’t part with a thin dime his speech, Congress responded with ap- genocide and other crimes during a 20-year to create jobs and is committed to scal- civil war. A fragile peace agreement in 2005 plause. When a person in the gallery led to the formation this year of the new na- ing back unemployment benefits. attempted to disrupt his speech, the tion of South Sudan. The NDAA includes funding for the entire House stood and applauded to The Khartoum regime has long sought continued prosecution of the war on show support for the Prime Minister ways to persuade the U.S. government to lift Afghanistan—a disastrous policy that over the disruption. its restrictions, including the hiring of a proves to be a bigger failure with each The Prime Minister noted that peo- Washington lobbyist in 2005, who was later passing day. We continue to spend ple can speak out in a democracy that prosecuted for working on behalf of the enormous amounts of the American country in violation of sanctions. supports free speech. We all know what people’s money on a war the American happens when citizens challenge their The Washington Post reported in 2009 that people don’t support, and in so doing, the regime had worked through the nation of governments in Syria, Iran, Libya, and Qatar to enlist the help of former Reagan ad- more young Americans are either other repressive countries. The Prime ministration official Robert ‘‘Bud’’ McFar- killed or maimed. Minister clearly laid out his concerns lane, who is now an adviser to Newt And to what end? For what benefit? for the Middle East, support for a two- Gingiich’s presidential campaign. For a policy that has emboldened the state solution and a clear and un- insurgents, inflamed anti-Ameri- Documents filed with the Justice Depart- equivocal message against Iran’s nu- ment under the Foreign Agents Registration canism, and done little to bring peace, Act show that Fisher was hired Nov. 1 to clear weapons development. security, and stability to Afghanistan. And following his speech, the joint ‘‘counsel and assist the Republic of the The authorization of military spend- session of Congress gave the Prime Sudan in satisfying appropriate U.S. condi- ing flies through the Congress while Minister a closing standing ovation. tions to reduce and eliminate the Sudanese the domestic investments we need to Sanctions Regulations and related U.S. Recently, New York Times columnist put our people back to work are dead laws.’’ A license allowing the deal was issued Thomas Friedman commented on Con- on arrival on the other side of the by Treasury on Nov. 16, records show. gress’ response to the Prime Minister. aisle. The authorization of war spend- The fee is $20,000 per month, paid quar- He said: ‘‘I sure hope that Israel’s ing—exorbitant, excessive amounts of terly. Fisher’s wife also received a gift of a Prime Minister, Benjamin Netanyahu, purse and two candlestick holders from the war spending—is rubber-stamped by republic on Nov. 2, disclosure records show. this body when we could be spending understands that the standing ovation A Treasury official, speaking on back- pennies on the dollar to protect Amer- he got in Congress this year was not for ground, said that the agreement adheres to ica more effectively with diplomacy, his politics. That ovation was bought sanction guidelines because legal representa- development, and other SMART Secu- and paid for by the Israel lobby.’’ tion, but not lobbying or public relations, is rity tools. Now, Madam Speaker, I don’t know if allowed. Mr. Friedman was in the Chamber at ‘‘Recognizing the importance of due proc- To make matters even worse, the Na- tional Defense Authorization Act in- the time, and I do not know if he inter- ess and opportunity for redress, our regula- viewed Members of Congress following tions ensure that even the worst actors have cludes unacceptable provisions relating the opportunity to challenge the blocking of to the handling of detainees. It grants the Prime Minister’s speech. I cer- their property before U.S. government agen- the President—any President—and the tainly know he did not speak with me cies and courts,’’ the official said in a state- military broad powers to throw a U.S. nor many of my colleagues before he ment. citizen in jail indefinitely for suspected came to this wrong conclusion. So for Fisher said Sudan’s government needs terrorist ties: without a swift civilian the record, I wanted to make it clear legal representation to continue imple- trial, without full rights of due process, why I and others stood when the Prime menting the 2005 peace accord, which in- without the proper presumption of in- Minister of Israel addressed the joint cludes complex negotiations over transpor- session of Congress. tation and other infrastructure issues with nocence. South Sudan. I emphatically reject the idea, I rose for the Prime Minister because ‘‘Is it controversial? Yes. But is it im- Madam Speaker, that defending the he is a leader of state. We always show proper to have counsel under the Sixth Nation requires an assault on civil lib- respect for such leaders—but in this Amendment of the U.S. Constitution? I don’t erties and the rule of law. Madam case, there were greater reasons for our think so,’’ Fisher said. ‘‘Why would they not Speaker, it makes no sense to say we action. have a right to counsel like anyone else?’’ are defending freedom by undermining I also rose because Prime Minister f freedom, to say we’re going to defeat Netanyahu is the leader of a nation I authoritarian forces by adopting au- respect, of a people I admire, and of a A ‘‘NO’’ VOTE ON NDAA: LET’S thoritarian tactics of our very own. culture that I cherish. PROTECT AMERICA BY SHOWING Just the opposite, in fact. I stood up in support of a nation that OUR COMPASSION AND HONOR We protect American interests and protects religious freedom for all reli- The SPEAKER pro tempore. The values by showing our Nation’s com- gions even when they are surrounded Chair recognizes the gentlewoman from passion and honor—the better angels of by other nations that will not permit California (Ms. WOOLSEY) for 5 min- our nature and not our darkest in- Christian churches nor synagogues to utes. stincts. be built and are surrounded by those

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.001 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8977 whose people burn down Coptic Chris- Navarrete, and the brother of London strong values. He believed in following tian churches. Bell and Andrea Roe. orders, loved our country, and served For Israel’s tenacity, courage, intel- Staff Sergeant Bell enlisted in the our country with pride. He believed in ligence, creativity, inventiveness, and Marine Corps on July 7, 2001, and be- doing the right thing for the right rea- endurance over thousands of years, I came an artilleryman. During his ca- son. Vincent had an amazing sense of stood in respect. reer, Staff Sergeant Bell served his humor, even in tough times. He had a When Iranian leader Mahmoud country with distinction and deployed very caring and nurturing personality Ahmadinejad said Israel must be in support of Operation Iraqi Freedom and was a mentor to young people ‘‘wiped off the map’’ and ‘‘the uniform with Battalion Landing Team 2/1; 2nd since he was a young man.’’ shout of the Iranian nation is forever Battalion, 11th Marine Regiment; Bat- Staff Sergeant Bell told his mother ‘death to Israel’ ’’ and that the Western talion Landing Team 2/4; and 5th Bat- that it was a privilege to serve under powers ‘‘launched the myth of the Hol- talion, 11th Marine Regiment. both President George Bush and Presi- ocaust . . . They lied; they put on a On October 31, 2011, Staff Sergeant dent Barack Obama. In 2009, Vincent show and then they support the Jews,’’ Bell deployed with the 2nd Battalion, called his mother from Iraq and told I stood up in support of Israel and 11th Marine Regiment, where he served her that he had reenlisted because he stood against these hostile and hateful as a Howitzer section chief for a 10-man wanted to have the privilege to serve and false comments. team in support of Operation Enduring under the first African American Presi- While Iran continues to develop nu- Freedom. On November 30, Staff Ser- dent of the United States. clear weapons and openly threatens geant Bell was in Kajaki, Helmand Staff Sergeant Bell’s wife Karen said Israel and the Middle East and Europe, province, Afghanistan, when he stepped that ‘‘Vincent was a kind, giving man. while some may cower in fearful si- on an improvised explosive devices I’ll miss my husband every day of my lence, we will stand against nuclear while on a dismounted patrol. He suc- life, but his spirit will remain alive proliferation by these rogue nations. cumbed to his wounds, making the ul- with me, his family, and his marines.’’ That is why we passed strong sanctions timate sacrifice for his country. Karen’s brother and sisters considered against Iran and why we support all op- Staff Sergeant Bell loved being a ma- Vincent to be their big brother. Her tions to protect our friends. rine. He said that ‘‘the ability to serve parents shared a mutual respect for We stood in support of Israel’s con- is the greatest calling an American Vincent. They knew how much he tinuous support of the safety and secu- could do, even more so to be a United loved and cared for her. In addition to rity of the people of the United States. States marine.’’ Staff Sergeant Bell his family and friends, Staff Sergeant When we were attacked by terrorists, was well respected by his seniors and Bell was also devoted to the family’s Israel stood by us and continues to subordinates alike. His company com- wonderful dogs Nala and Nemo. stand by us, and they take personal mander, Captain Joshua Kling, said he Staff Sergeant Bell’s personal deco- risks in doing so. We stood to show our ‘‘can’t remember one conversation rations include the Purple Heart, post- gratitude to the people of Israel. with Staff Sergeant Bell where he humously; the Navy and Marine Corps Now, like any relationship, ours is wasn’t smiling and telling me how Achievement Medal with one gold star; not perfect nor without differing great it was. To suffer hardness and ad- the Good Conduct Medal with two thoughts and opinions. To be sure, versity with good cheer is the quality bronze stars; and the Combat Action there are times when we honestly dis- of a fine man. He was a rocket man, a Ribbon with one gold star. agree. That is the nature of govern- cannoneer, a platoon sergeant, an en- Since Staff Sergeant Bell’s death was ments elected by the people. There will trusted marine who always got the job announced, his unit has received con- be debate, but we must use these as op- done.’’ dolences from marines across the globe portunities to learn from each other, to His platoon commander, First Lieu- who served with him. This reflects his reaffirm our promises, and to grow. All tenant David Waters, said that all ma- professionalism, leadership, and the of that strengthens our bonds because rines who served with Staff Sergeant lives he touched as a United States Ma- we put respect, true resolution and a Bell ‘‘understood his sacrifice and will rine. Our Nation has lost a good man— commitment to peace above all else. miss him as a brother and friend. He a son, brother, husband, and a marine— Mr. Friedman would do well to un- faced the fear and danger of this profes- who gave his life in defense of freedom. derstand the true issues behind our sion with a true heart. He had the He will be missed, and his sacrifice will support. We are jointly committed to heart of a warrior and spirit of a true not be forgotten. peace, to a two-state solution, to fight- patriot. I know he will be in heaven f guarding the way.’’ ing terrorism, to supporting the toler- LEAVE NO MAN BEHIND ance of other religions, to supporting Staff Sergeant Bell loved his marines democracy, to standing up against and being a mentor to them. Pre- The SPEAKER pro tempore. The those who would rain thousands of viously, he served as an instructor with Chair recognizes the gentleman from rockets on an innocent people. the 11th Marine Regiment’s Artillery Florida (Mr. NUGENT) for 5 minutes. We will not be silent. We will speak Training School where he provided ad- Mr. NUGENT. Madam Speaker, I rise out against terrorism, and we will vanced training to the section chiefs today to remind all Americans that we stand together. for the regiment. still have troops in harm’s way. As the So, for all of these things, I and oth- Upon returning to the 2nd Battalion, Iraqi war comes to a close and we pre- ers stood in respect, in support, and in 11th Marines, Staff Sergeant Bell was pare to draw down in Afghanistan, we an open show of our joint commitment excited that he was with a unit getting cannot forget those who serve us, the to peace and civility. ready for deployment. Captain Kling men and women. We cannot forget And together we will stand again. noted that he was ‘‘chomping at the bit those that are still being held captive to be challenged—for an opportunity to in those foreign lands. And these are f train, teach, and mentor marines.’’ our volunteers. These are young men b 1110 Sergeant Erick Granados described and women that went to the fight and Staff Sergeant Bell as ‘‘an outstanding volunteered to go there willingly be- TRIBUTE TO STAFF SERGEANT marine, a great leader, and most of all, cause America calls. VINCENT J. BELL a good man. Firm but fair, guidance Several weeks ago, I sent a letter to The SPEAKER pro tempore. The was always there when we needed it, the President, asking him for his con- Chair recognizes the gentleman from but he let us do our job. He empowered tinued commitment for those that we California (Mr. SCHIFF) for 5 minutes. his marines to take responsibility and have left behind, those that have been Mr. SCHIFF. Madam Speaker, I rise lead others.’’ held against their will in Iraq and Af- today to honor the memory of Staff Staff Sergeant Bell was devoted to ghanistan. Unfortunately, I never got a Sergeant Vincent J. Bell, United his family, fellow marines, and friends. response. I never received a response. States Marine Corps. He was 28 years His brother said that ‘‘Vincent was an And recently, if you read the British old, the son of Pamela Alexander-Bell outstanding marine and a good man. tabloids, one of the British papers and James Bell, the husband of Karen He had courage, commitment, and talked about PFC Bowe Bergdahl who

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.016 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8978 CONGRESSIONAL RECORD — HOUSE December 15, 2011 escaped from his Taliban captors in Af- ors—the red, white, and blue—that our violent outbursts. Will they have a ghanistan and was on the run for 3 brave men and women fought under in democratic government? Will they days. Unfortunately, he was recap- Iraq. allow those who are in Camp Ashraf, tured. It shows you that we have those We have soldiers still fighting around who are stated to be in a camp that that are still in harm’s way as we pull the world, and I was just speaking to will close by December 31, will they re- out from Iraq and start to withdraw my constituency. We know that one settle the refugees in this camp non- from Afghanistan. brave soldier from North Carolina even violently, peacefully, Iranian exiles But we can never forget—we should lost his life in the waning hours of the who fled to Iraq? They are concerned never forget—the sacrifice that these ending of this war. about their refugees in many countries, young men and women have given to And so at the beginning of December, as they do these refugees. I will be call- this country. They truly are the 1 per- in Houston, I called for the Yellow Rib- ing upon countries to treat the Iraqi cent that need to be talked about be- bon Campaign and for America to wrap refugees fairly, as we all would. But it cause they have volunteered at great herself in yellow ribbons, both in re- is a burden on the present Government risk to themselves and to their fami- spect of our returning soldiers, to ac- of Iraq to live peacefully, to accept re- lies. knowledge a job well done, and to wel- ligious differences and promote reli- I have three sons that are currently come them home to an unsilent Amer- gious freedom and the First Amend- serving in the United States Army. ica. ment and the right to the dignity of And I know what it’s like to have a son I would like to thank Speaker BOEH- life. go to war. On numerous occasions now, NER, Leader PELOSI, Whip HOYER, and And so let me thank the leadership my sons have been called. And one still Majority Leader CANTOR for joining for joining us. Members will find these is in Iraq today. So we can never forget and indicating that they would support ribbons in their Cloakroom, each about the sacrifice not only of the men the wearing of yellow ribbons by our Cloakroom. Let us join together and and women in our armed services but Members today and tomorrow, both in say: Thank you. Welcome home to our how about their families and loved celebration and in recognition of the troops, a job well done. God bless you, ones that they leave behind. heroism of our troops and, yes, ac- and God bless America. The warrior ethos says, We never knowledgment of our fallen heroes. f leave a man behind. And I call upon the This war was almost 9 years, one of ENERGY SECURITY President and I call upon this great the longest wars that America has ever body to make that same statement, fought. It was a war that used $800 bil- The SPEAKER pro tempore. The that we will never leave a man behind, lion, moneys that I hope we will invest Chair recognizes the gentleman from that we will do everything within our in our returning troops and their fami- Illinois (Mr. SHIMKUS) for 5 minutes. power to make sure that we get these lies and all Americans as we go for- Mr. SHIMKUS. Madam Speaker, kids back home. And I call them kids ward. what does the Iranian nuclear threat to because I have three sons, and I still The loss of life was very painful, the Keystone XL pipeline and the payroll call them kids, even when they’re 30 idea of the burden on families. So I be- unemployment insurance, doc fix, and years old. It is about doing the right lieve these yellow ribbons, although jobs bill all have in common? Well, I’m thing. meager, will symbolize this Congress going to use this 5 minutes to tie them So today we’re putting forth a reso- being unified as Americans, saying together. lution, this resolution, asking for the thank you to our troops. And, frankly, Yesterday on the floor, we addressed House to exert its will, to talk about we have many other challenges that we a concern of the Iranian nuclear our unending commitment to those should be addressing and making sure threat. We did so with two pieces of that have given up their freedoms to that our troops come home to a place legislation: H.R. 1905, the Iranian protect us. that is welcoming. Threat Reduction Act; and H.R. 2105, In this season of Christmas, we need This morning, our whip made a very the Iran, North Korea, and Syria Non- to think about the families that are important point about the maturity of proliferation Reform and Moderniza- out there whose loved one is being held America. Many remember the days of tion Act. captive, either in Iraq or Afghanistan. the Vietnam War. We know the passion Why did we bring these bills to the We cannot forget them. We should not in that war. But, unfortunately, it ap- floor? We brought these bills to the forget them. And this great country peared that those who were called to floor because of our concern of a nu- should stand up for those that have battle by the Commander in Chief were clear Iran that has threatened its stood up for us. We should express our the ones who received the ire of those neighbors and one of our closest allies, outrage and our feeling that we will who had a different opinion. America Israel. never leave a man behind on the battle- has now matured, and we recognize So what’s the Iranian response? Well, field, ever. that whenever our soldiers accept the I would turn your attention, Madam Madam Speaker, I just want to im- call of battle, they are for all of us. The Speaker, to an article published yester- plore this body to stand up and vote for treasure that they shed, the blood that day, December 13, from FOXNews.com, this resolution, talking about the sense they shed, has no respecting of any- with the title, ‘‘Iranian Official Threat- of this Congress and supporting those one’s political affiliation. ens Military Drill Sealing Off the men and women who have given so So I am grateful to have the oppor- Strait of Hormuz.’’ much and have asked for so little. tunity to call upon us in a bipartisan I will read the first two paragraphs: God bless America. manner to wear these ribbons that ‘‘A high-ranking Iranian official has were put together by the Young Schol- said Iran’s military will practice seal- f ars Academy in Houston. The founding ing off the Strait of Hormuz, the b 1120 principal is Dr. Anella Coleman. They world’s most important oil transport worked very hard on these ribbons, and channel, in a provocative move that il- AMERICA WELCOMES TROOPS I think it is important to teach our lustrates Iran’s capability of disrupting HOME children early on to appreciate the de- the world’s oil supply. The SPEAKER pro tempore. The mocracy that they live in and appre- ‘‘The announcement Monday by Chair recognizes the gentlewoman from ciate the freedom that they have and Parviz Sarvari sent oil prices up about Texas (Ms. JACKSON LEE) for 5 minutes. to recognize those who are on the front $3 to $100 a barrel based on the specula- Ms. JACKSON LEE of Texas. Madam lines. tion of a disruption during the military Speaker, I rise today to join some of I call upon the Iraqi Government as drills.’’ the calls of my colleagues and to indi- well. My point is that the soldiers have Sarvari, a member of the Iranian cate that I thought this a very special left them a gift—a gift which they can Parliament’s National Security Com- day, December 15, 2011. A few hours ago build on or they can undermine. A gift mittee, is quoted as saying, ‘‘Soon we in Iraq, Secretary Leon Panetta per- of democracy, freedom, the under- will hold a military maneuver on how formed the Casing of the Colors Cere- standing of friendship, taking care of to close the Strait of Hormuz,’’ in a mony, which is to acknowledge the col- children, even in spite of what may be statement reported by Reuters. ‘‘If the

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.018 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8979 world wants to make the region inse- stand on this floor to tell the story of enough.’’ Her unit commander also told cure, we will make the world inse- yet another victim. Each has proudly her that he decided not to disclose Spe- cure.’’ served their country, each was vio- cialist Neutzling’s allegations of rape So the Keystone XL pipeline—which lently attacked, and each was sub- to the investigative services because he is the second part of this discussion— jected to a system of justice that pro- didn’t want the men separated from we heard on the floor yesterday, and it tects the perpetrators and punishes the their unit. If the men were charged, was acknowledged by both sides that, victims. they would have to stay in Iraq or at a minimum, 20,000 jobs would be cre- Make no mistake, the United States would have to go to Kuwait. ated, maybe up to 110,000 jobs. We also military is the finest in the world. But Additionally, Specialist Neutzling’s heard about organized labor being all even the Department of Defense recog- command unilaterally downgraded her in on the Keystone XL pipeline. I nizes that there is a deep-rooted prob- complaint of rape to sexual harass- quoted a couple of members of orga- lem of military sexual trauma that ment. Her assailants were scheduled to nized labor. One would be Brent Book- must be addressed. DOD estimates that leave in 2 weeks, and they left on time ers, director of the construction de- there are some 19,000 soldiers who are facing no charges. partment at the Laborers’ Inter- sexually assaulted or raped each year In the current military chain of com- national Union of North America. He in the military. It’s a staggering fig- mand structure, the commander did said, ‘‘For many members of the Labor- ure. Sexual assault in the military is a nothing wrong. Commanders can issue ers, this project is not just a pipeline; cancer that is undermining readiness, virtually any punishment, or in this it is a lifeline.’’ unit cohesion and morale, and fixing case, no punishment at all. Command But what doesn’t get told about Key- this broken system will strengthen our has complete authority and discretion stone XL pipeline enough is its impor- military, not weaken it, as some have over how a degrading and violent as- tance for energy security. argued. sault or rape under their command is Now, look. If Iran can shut down the Today, I want to tell the story of handled. They are the judge and jury. Strait of Hormuz, why do you think Specialist Andrea Neutzling. Originally We need to end this unjust and hor- we’re in the gulf? Why is the Middle from a small town on the banks of the rific pattern, and we need to end it East so important? We all know why it Ohio River, Specialist Neutzling served now. That’s why I have introduced H.R. is; because that’s where all of the crude in the Army from 2000 to 2004 and then 3435, the STOP Act, because it’s time. oil is. served in the Army Reserves from Au- It’s time to stop this horrific culture in So why would we not access the third gust 2004 until April 2010. She has the military. largest oil supply to the Earth from served her country in Korea and twice our northern neighbor, Canada? deployed to Iraq. f In 2002, while serving in Korea, Spe- The map is right here. Right up here AMERICA IS NOT BROKE you have the great Canadian oil sands cialist Neutzling was sexually as- in Alberta. The red line is already a saulted by an intoxicated colleague The SPEAKER pro tempore. The pipeline called the Keystone pipeline. outside the latrine. She decided to re- Chair recognizes the gentleman from What is being proposed is the Keystone port the assault to her command, and Connecticut (Mr. MURPHY) for 5 min- XL pipeline, which would help bring her assailant was sentenced—sentenced utes. Canadian crude to the oil refineries in to 5 days of base restriction. That was Mr. MURPHY of Connecticut. Madam Texas. it. Speaker, I have listened to a lot of Re- In August of 2005, Specialist publicans here on the House floor and b 1130 Neutzling was deployed to Iraq, and back in Connecticut talk about how Now, I already have Keystone crude again one of her fellow soldiers sexu- they think that the only way to build oil coming to my refinery in Wood ally assaulted her. But after learning up America is to tear down government River, to the terminal in Patoka, and what ‘‘justice’’ meant for a previous and start divesting from our public in- to the Marathon refinery in Robinson, perpetrator and not wanting to be seen stitutions. That’s simply not the his- Illinois, and that crude oil, once re- as a troublemaker, she decided not to tory of this country. Over the last 100 fined through pipeline, goes to Cleve- report the sexual assault to command. years, we’ve become the world’s leader land, goes to Detroit, goes to Chicago Instead, she simply slept on a cot, her by layering massive private investment and goes all over the country. There rifle pointed toward the door for days. on top of massive public investment. can be no more secure route for crude Several months later, she was deployed And yet day after day, I listen to the oil for this country than the Keystone again to Iraq. After being in the coun- right wing come down to this floor and Pipeline and the Keystone XL Pipeline. try for 2 weeks, Specialist Neutzling tell the American people that we can Do we dare as a country still have to was brutally raped and physically as- no longer afford to make these kinds of fret over threats by a member of the saulted by two soldiers. The two sol- investments that we used to make in Iranian parliament because they want diers were from a unit that was sched- roads, in rails, in schools, and in new to shut down the Strait of Hormuz? We uled to depart Iraq, and their unit was technologies. will have to continue to worry about being replaced by Specialist And, so, it’s time that the rest of us this unless we continue to build and Neutzling’s unit. The soldiers were stood up here and told them that work with our Canadian allies on the drunk when they raped her and threat- they’re simply wrong, that America is Keystone XL Pipeline. ened to beat her if she struggled. Spe- not broke. We have all of the resources We know it’s a jobs issue, we know cialist Neutzling suffered serious bod- and all of the willpower necessary to it’s an organized labor issue, and we ily injuries from the rape. make the investments we need in order know it’s an energy security issue. And Again learning what ‘‘justice’’ meant to regain our global competitive edge, I just thought this story was timely from her previous perpetrator, Spe- but only if we start dealing with facts with respect to our vote to hold Iran cialist Neutzling decided not to report rather than just with political rhet- accountable. So we’re on the record: the rape to command. She didn’t say a oric. We need energy security and we need word about her rape for a week until So, over the next few minutes, I want the Keystone XL Pipeline. another woman in her unit informed to show you four pretty simple charts f her that her perpetrators were showing that debunk this myth that our Nation a video of the rape and bragging about is broke and that we can’t muster the RAPE IN THE MILITARY it. After learning this, Specialist resources necessary to meet the chal- The SPEAKER pro tempore. The Neutzling reported the rapes to her lenges of a global century. Chair recognizes the gentlewoman from command. Let’s start here. The United States is California (Ms. SPEIER) for 5 minutes. So what happened this time? Her still the richest country in the world. Ms. SPEIER. Madam Speaker, I rise command told Specialist Neutzling In fact, our GDP ranks us at the top of again today to highlight the epidemic that they did not believe that she had the list among G–20 countries. And for of rape and sexual assault in the mili- been raped because she ‘‘didn’t act like all of the talk about the rise of China, tary. This is the 14th time that I will a rape victim’’ and ‘‘did not struggle India, and Brazil, our country is still

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.019 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8980 CONGRESSIONAL RECORD — HOUSE December 15, 2011 wealthier than all three of those na- peared out of thin air. It’s never come on agreeing to the Speaker’s approval tions combined on a population-ad- from gutting consumer protection or of the Journal. justed basis. environmental regulation, it’s never The SPEAKER. The question is on And, so, we have wealth in this Na- come through slashing taxes for the the Speaker’s approval of the Journal. tion. What we have done, though, is wealthiest Americans, and it’s never The question was taken; and the make a conscious choice to make our come from government just sitting by Speaker announced that the ayes ap- government poor. We are going to on the sidelines and letting other coun- peared to have it. spend about a million dollars a year tries eat our technological lunch. It’s Mr. PALAZZO. Mr. Speaker, on that more than we actually take in in rev- come through an innovative partner- I demand the yeas and nays. enue. And it’s important to talk about ship between public investment and The yeas and nays were ordered. why that is. First of all, the notion private ingenuity. The SPEAKER. Pursuant to clause 8, that discretionary spending is out of Now, America can recommit our- rule XX, further proceedings on this control, which is the popular belief, selves to this partnership, but only if question will be postponed. just isn’t true. In fact, discretionary we wake up to the reality that we are f spending since 1980 has remained pret- not broke. PLEDGE OF ALLEGIANCE ty static. If you don’t believe that, f then think about this statistic for a The SPEAKER. Will the gentleman RECESS second. If you thought that govern- from Connecticut (Mr. COURTNEY) come ment spending was running amok, you The SPEAKER pro tempore. Pursu- forward and lead the House in the would expect that Federal employees ant to clause 12(a) of rule I, the Chair Pledge of Allegiance. were increasing, as well. Well, that’s declares the House in recess until noon Mr. COURTNEY led the Pledge of Al- not true either. Since 1970, we actually today. legiance as follows: have 16,000 less Federal workers than Accordingly (at 11 o’clock and 41 I pledge allegiance to the Flag of the we did then. minutes a.m.), the House stood in re- United States of America, and to the Repub- Now, this doesn’t mean that the gov- cess until noon. lic for which it stands, one nation under God, ernment can’t get leaner and that it f indivisible, with liberty and justice for all. can’t get meaner. It just means that f there’s another culprit at work when b 1200 we talk about why our government is AFTER RECESS ANNOUNCEMENT BY THE SPEAKER so broke, even if our Nation is not, and The SPEAKER. The Chair will enter- that’s revenue. Today, as a fraction of The recess having expired, the House was called to order by the Speaker at tain up to 15 requests for 1-minute GDP, this country is collecting less speeches on each side of the aisle. taxes than it has in 60 years. In fact, noon. today, we are collecting only about 15 f f percent of taxes as it relates to GDP. PRAYER NATIONAL DEFENSE AUTHORIZA- Now, we’re spending more, but the big- TION ACT PROTECTS THOSE WHO The Chaplain, the Reverend Patrick ger problem is that we’re collecting SERVE J. Conroy, offered the following prayer: less revenue. (Mr. WILSON of South Carolina So, if the problem is that the govern- Loving and Gracious God, we give You thanks for giving us another day. asked and was given permission to ad- ment is broke but that our Nation dress the House for 1 minute and to re- isn’t, why does it feel like so many peo- We ask today that You bless the Members of the People’s House to be vise and extend his remarks.) ple are out there that are broke? Well, Mr. WILSON of South Carolina. Mr. let’s explore that with the last chart. the best and most faithful servants of the people they serve. May they be Speaker, yesterday the House passed Here is the essential problem. Over the legislation that supports and provides last 30 years, the incomes of the bot- filled with gratitude at the opportunity they have to serve in this place. for servicemembers and their military tom 90 percent of Americans have re- families who have chosen to dedicate mained virtually flat while the in- We thank You for the abilities they have been given to do their work, to their lives to service in our Armed comes of the top 1 percent of Ameri- Forces to protect American families. cans have grown by 300 percent. contribute to the common good. May they use their talents as good stewards After victoriously fighting the global b 1140 of Your many gifts and, thereby, be war on terrorism for over a decade, our This is a recipe for economic disaster true servants of justice and partners in military families deserve recognition because, if the bottom 90 percent of peace. for their service. This bill gives to our Americans don’t have enough money to As this first session of the 112th Con- military families a 1.6 percent increase spend, then pretty soon they’re not gress draws near its end and pressing in basic pay and protects against the going to be able to buy what the top 1 legislative business once again weighs rising cost of health care fees. percent are selling. Everybody fails if heavily on this Hill and throughout our Additionally, the National Guard this economic equation continues. land, withhold not Your Spirit of wis- Chief, General Craig R. McKinley, will And the economic history of the last dom and truth from this Assembly. be provided a seat on the Joint Chiefs 100 years tells us one thing—that gov- Give each Member clarity of thought of Staff, giving the Guard a voice in ernment has a pretty important role to and purity of motive so that they may military discussions. As a Guard vet- play in helping to create wealth among render their service as their best eran and proud dad of three Guard the bottom 90 percent. We create real, selves. members under the command of Adju- widespread wealth when we invest in May all that is done this day in the tant General Bob Livingston, I am education to move more kids more People’s House be for Your greater grateful for the recognition of Guard quickly through quality higher edu- honor and glory. capabilities. cation. We create real, widespread Amen. In conclusion, God bless our troops, and we will never forget September the wealth by investing in businesses that f create technologies before they become 11th in the global war on terrorism. THE JOURNAL commercially viable. And we create f real, widespread wealth by investing in The SPEAKER. The Chair has exam- infrastructure so that once again peo- ined the Journal of the last day’s pro- FACTS ARE STUBBORN THINGS ple and goods in this country can move ceedings and announces to the House (Mr. COURTNEY asked and was from economic center to economic cen- his approval thereof. given permission to address the House ter without delay. Pursuant to clause 1, rule I, the Jour- for 1 minute.) Yes, these investments cost money, nal stands approved. Mr. COURTNEY. Mr. Speaker, our but this country isn’t broke. Pros- Mr. PALAZZO. Mr. Speaker, pursu- third American President, John perity in this Nation has never ap- ant to clause 1, rule I, I demand a vote Adams, once said, ‘‘Facts are stubborn

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.021 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8981 things; and whatever may be our wish- THANKING OUR RETURNING PASS THE JOBS ACT es . . . or the dictates of our passions, TROOPS (Mr. REYES asked and was given per- they cannot alter the state of facts.’’ (Ms. JACKSON LEE of Texas asked mission to address the House for 1 Well, Mr. Speaker, the facts are that and was given permission to address minute and to revise and extend his re- the health care reform law is working the House for 1 minute.) marks.) for millions of young adults all across Ms. JACKSON LEE of Texas. Mem- Mr. REYES. Mr. Speaker, I’m proud this country. Yesterday, the Depart- bers, thank you, and to my colleagues to be here wearing this yellow ribbon ment of Health and Human Services re- again, let me acknowledge the wearing to welcome home our troops from a job leased figures which show that 2.5 mil- of the yellow ribbon in a bipartisan well done in Iraq. My thoughts go back lion young Americans up to age 26 are way to say thank you to our troops. to April of 1968 when I came back from now covered because of the Affordable But I do want to thank as well, Vietnam to a very different America, Care Act’s provision that allows age 26 again, the Young Scholars Academy and I’m grateful that today our troops coverage for families. Private and pub- and Dr. Anella Coleman, who were so are coming back to a welcoming and lic employers all across America now kind to make these ribbons and to thankful Nation. provide this benefit at a cost of only, learn about our appreciation for the In that vein, as we sit here today and on average, 1 percent to health care work of our troops coming home from think about the holiday season, the costs. This is a plan which is working. Iraq. Over 100,000 have come home in majority of us will be fortunate enough Last week, figures came out that the last 14 months, and I’m asking our to spend this time being surrounded by showed that 2.7 million seniors are now Members to go home and yellow-ribbon family and friends; but we should never getting relief from prescription drug your offices and your community, and forget that, at the same time during costs—$1.5 billion in reduced prescrip- have signs on your marquee that say, this holiday season, there are many tions drug costs because the Affordable Welcome home to the troops, a job well among us who are homeless, who are Care Act is closing the doughnut hole. done. hungry, who are out of a job and sim- Facts are stubborn things, and the We never want our troops to come ply do not know where their next meal facts show that the health care reform home from any battlefield, called to will come from. law is helping young Americans and serve their Nation, to a silent America. This should serve as an important re- older Americans. And again, as we’ve supported or pro- minder to all of us here as Members of moted better conditions for family and Congress that we must work jointly in f troops, we were able yesterday to give a bipartisan manner to address the them a 1.9 percent increase in salary. critical issues of our time. It is simply FUTURE FARMERS OF AMERICA Now, as we go home for the holiday unacceptable that partisan politics pre- season, doing our work, let us say vent us from working for what’s best in (Mr. CRAWFORD asked and was thank you to our troops. Thank you, this country. given permission to address the House Members, for wearing a yellow ribbon f for 1 minute.) today. Mr. CRAWFORD. Mr. Speaker, I rise THE ULTRALIGHT SMUGGLING today to recognize the Southside High f PREVENTION ACT OF 2011 School chapter of the Future Farmers b 1210 (Mr. FLAKE asked and was given of America from Batesville, Arkansas. permission to address the House for 1 Southside’s FFA chapter, under the PUT AMERICANS BACK TO WORK minute.) leadership of Mr. Chase Hilton, revital- (Mr. JOHNSON of Ohio asked and Mr. FLAKE. Mr. Speaker, the House ized its animal science program 3 years was given permission to address the will soon have the opportunity to ap- ago. Since resuming the program, House for 1 minute.) prove the Ultralight Smuggling Pre- Southside has been a powerhouse in Mr. JOHNSON of Ohio. Mr. Speaker, vention Act of 2011. This bill will make State and national competitions. it’s time for President Obama and changes for those using or planning to One hundred thirty-five students at HARRY REID’s do-nothing Senate to use ultralight aircraft in cross-border Southside, many of whom have never work with House Republicans to get smuggling similar to those using other been involved in livestock, are now America back to work. To date, House aircraft. It will also continue ongoing working in the school’s stockyard rais- Republicans have passed 28 jobs bills, cooperation between the Department of ing cattle, sheep, hogs, and horses. Re- most recently the Middle Class Tax Re- Defense and Homeland Security that is cently, Blaine French and Trenton lief and Job Creation Act, a bill that enhancing efforts to combat illicit Tosh won honors at the Independence ensures all hardworking Americans cross-border trafficking. County Fair with Grand Champion keep more of their pay, protects Social As pressure has been applied to the Angus and Hereford cattle. Blaine had Security, ensures access to medical border, Mexican organized crime has Grand Champion and Supreme Cham- care for seniors, and creates jobs. turned to a new and innovative smug- pion hogs, and also won Best of the But President Obama’s contempt for gling approach—the use of ultralight Best Showmanship Award. job creation through energy develop- aircraft. It’s a pressing concern. Trenton Tosh won Grand Champion ment is astonishing. Why would he A similar bill introduced by my col- Hereford Heifer and Grand Champion stand in the way of almost 200,000 new league from Tucson was overwhelm- Hereford Bull at the Arkansas State jobs that come with the construction ingly approved by this body in the last Fair. of the Keystone XL pipeline that has Congress, and those provisions were in- Southside’s Livestock Evaluation bipartisan support? President Obama cluded in standalone legislation that I Team, made up of Blaine French, Tren- says he wants to put America back to introduced in this Congress. ton Tosh, Jackson Mead, and Thomas work, but, at the same time, he threat- I congratulate the Senate for having Johnson, were named the Arkansas ens to veto a bill that would do exactly passed S. 1974. I appreciate cooperation State Champions and went on to place that and take us one step closer to en- on both sides of the aisle to get this eighth in Nationals. ergy independence. important matter to the President’s More important than any medals or The American people can’t wait any desk. longer. I urge the Senate and the Presi- awards are the life lessons those stu- f dents learn and are learning through dent to act on measures that will spur State and national competitions. job creation and real economic growth. VACANT AND ABANDONED HOMES I commend Southside Future Farm- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (Ms. FUDGE asked and was given ers of America and their instructor, The SPEAKER pro tempore (Mr. permission to address the House for 1 Chase Hilton, for their outstanding WESTMORELAND). Members are re- minute and to revise and extend her re- achievements. I know they’re watching minded that remarks in debate may marks.) now. not engage in personality toward the Ms. FUDGE. Mr. Speaker, I rise to Congratulations. Great work. Senate. address the large number of vacant and

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.025 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8982 CONGRESSIONAL RECORD — HOUSE December 15, 2011 abandoned homes in my district and middle class. But instead of coming up million Americans will face a tax hike across the Nation. with an honest compromise designed to next year and another 60 million people Remnants of the foreclosure crisis actually pass, Republicans have filed a will lose unemployment benefits. still linger everywhere. Home values bill with provisions that wind up actu- Failure to extend unemployment plummeted during the country’s eco- ally hurting the middle class and many benefits has a real impact on men and nomic crisis and have continued to de- still struggling in this slow economy. women across every State, people like cline year after year due to the blight- Playing risky political games with Norma Lopez from my district in On- ed and abandoned homes. Nationally, our clean air, our clean water, raising tario. While Norma has been looking nearly 41⁄2 percent of mortgages are in Medicare premiums on seniors, that’s for work, her unemployment benefits foreclosure. More than a quarter of not the way Americans expect us to have kept her from getting foreclosed mortgage borrowers are underwater, govern, and designing a bill that can’t and has helped her make car payments. and 11 percent of all homes are vacant. pass is the type of political games that Unfortunately, the Republican pro- City and State governments need our my Missouri constituents are fed up posal is full of poison pills and amend- help. In the Cleveland area, 15,000 with. We need an honest bill now. ments that make the bill dead on ar- homes are vacant and in need of demo- I call on my Republican colleagues to rival in the Senate. Republicans are lition. Demolishing these structures stop the obstruction, stop the distrac- asking seniors to pay more for Medi- will cost approximately $100 million. tion, stop the games. Let’s pass a real care and they’re leaving the unem- Homeowners are depending on us to payroll tax bill now. ployed out in the cold, yet they refuse help stop the free-fall of their property f to ask millionaires and billionaires to values. It is time we develop and pass pay their fair share. WE MUST DO BETTER meaningful legislation that promotes Stop the political games. People’s the revitalization of our neighbor- (Mr. JOHNSON of Illinois asked and lives are hanging in the balance. They hoods. was given permission to address the deserve help. Let’s work together on a f House for 1 minute.) compromise bill that will help all of us. Mr. JOHNSON of Illinois. Mr. Speak- f PICAYUNE 5A FOOTBALL STATE er, I rise today in strong objection to CHAMPIONS the animosity and gridlock that’s been b 1220 (Mr. PALAZZO asked and was given the overarching theme of this first ses- THE AMERICAN PEOPLE ARE permission to address the House for 1 sion of the 112th Congress. WATCHING AND WAITING ON THE minute and to revise and extend his re- I make dozens of calls and similar U.S. SENATE TO ACT marks.) personal contacts directly with my Mr. PALAZZO. The city of Picayune constituents every day, probably more (Mr. BONNER asked and was given might be small, but its legacy is one of than any other Member of Congress. permission to address the House for 1 strength and power. In the early 1900s, These people live in the real world be- minute and to revise and extend his re- trains out of New Orleans stopped in yond the beltway environment in marks.) Picayune to pick up steam engines to which too many public officials live Mr. BONNER. Mr. Speaker, with the power them northwards and uphill. and work, sheltered from reality, by American people looking on, Members This vision of a powerful locomotive communication primarily with each of the House, once again, find ourselves steaming ahead is a good metaphor for other in a self-created climate that in a waiting position—waiting and this year’s Picayune High School Ma- bears little similarity to the rest of waiting and waiting on Senator REID roon Tide football team. America. and his Democrat majority in the U.S. According to Head Coach Dodd Lee, In my years in public office, I have Senate as they decide whether they are people who really like what they do never heard the level of anger I hear going to let the government shut down usually do it pretty well, and if that’s today. Our approval ratings are in the tomorrow night at midnight; whether the case, Coach Lee’s players must tank, and they should be. We are they are going to let tax relief for mil- really like playing great football. gripped in gridlock because people on lions of Americans, middle class fami- In a 38–21 win over Starkville, the both sides of the aisle in both Cham- lies, expire at the end of this month; Maroon Tide clenched the 5A win, bers and in the White House are more whether they are going to let long- bringing Picayune its first State title concerned with politics than progress. term unemployment benefits expire; since 1986. As our economy continues to stagger, and whether they are going to keep Aside from the obvious desire to win our attention should be focused on put- America’s doctors from being ham- on both sides of the ball, Picayune has ting people to work and providing a mered with a 27 percent increase on some secret weapons on their team, stability in public policy. We can only their Medicare reimbursement. namely: quarterback, Ben Hickman; do that through cooperation, com- Mr. Speaker, the people’s House is leading rusher, Deronte Magee; re- promise, and civility. doing the people’s work. As you know, ceiver, Justin Mark; kicker, Dalton My message to leadership and mem- we’ve passed 28 bills, all aimed at cre- O’Meara; and a small but mighty pair bership, including myself, in both ating new American jobs. Sadly, all the of linebackers, Troy Egana and Cody Chambers is this: We have to do the majority on the other side of the Cap- Smith. business the people expect us to do, ef- itol seem able to do is poke sticks at Congratulations to the city of Pica- ficiently and in an adult-like manner. what we’ve done, but they haven’t of- yune and to Picayune High School on Anything less is both irresponsible and fered a realistic option or passed a sin- their State championship. unacceptable. We can and we should do gle thing. f vastly better than what we are. Mr. Speaker, the clock is ticking, f and the American people are watching PROTECTING WORKERS’ RIGHTS and waiting on the Senate to act. TAXES (Mr. CARNAHAN asked and was f given permission to address the House (Mr. BACA asked and was given per- for 1 minute and to revise and extend mission to address the House for 1 STEM EDUCATION his remarks.) minute.) (Mr. HIGGINS asked and was given Mr. CARNAHAN. Mr. Speaker, it’s no Mr. BACA. First of all, Mr. Speaker, permission to address the House for 1 secret that my Republican colleagues I’d like to welcome our troops back; minute.) really don’t want to extend the payroll and as we welcome them back, let’s Mr. HIGGINS. Mr. Speaker, I believe tax cuts and unemployment insurance. make sure we take care of them while that one of the keys to keeping our Republican Members have called it a they’re here in the United States as country globally competitive is to in- gimmick. They’ve admitted the only well and make their lives a lot better. crease the number of American stu- reason they brought it up for a vote Mr. Speaker, it’s time to stop show- dents who are prepared to pursue ca- was that they didn’t want to take the boating and get to work. If Congress reers in science, engineering and tech- political heat for raising taxes on the does not act by the end of the year, 160 nology. So it is with special pride that

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.027 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8983 I note that, last week, the White House tions that might have ended in a bipar- Earlier this week, House Republicans honored Tamara Brown from Hamburg, tisan solution—but not so today. passed legislation that would cut 40 New York, as a champion of change for Today, Republicans are trying to weeks of unemployment benefits and her work with young women and their force us to accept the Keystone pipe- impose new hurdles for Americans rely- parents and teachers. line before we are sure it is safe for the ing on this critical lifeline. With five Seven years ago, Tamara founded communities it will traverse and won’t job seekers in the United States for Tech Savvy, a program using fun and make the air we breathe dirtier than it every available job, the average time it innovation to inspire students to ex- already is. The President is right to takes an unemployed worker to find a plore their talents in science and math wait until those things are assessed. In new job is 10 months. Instead of pass- and to pursue our Nation’s careers of their zeal to kill the Affordable Care ing the American Jobs Act and getting the future. In bringing together indus- Act, they want to slash the Public our Nation’s long-term unemployed try, academic and community leaders, Health and Prevention Fund and other back to work, Republicans are cutting Tamara has helped so many young programs that keep people healthy and benefits which millions of Americans western New Yorkers discover their reduce health care costs for families rely on for groceries, utilities, and full potential. She has helped prepare and our country. rent. Democrats have been calling for pass- them for some of our Nation’s highest- The Republican plan would hurt ing our Make It in America and other paying and most competitive career workers who are having difficulty in jobs bills, but the Republicans insist on fields. finding new jobs and would pull billions jobs that damage the public health and I applaud Tamara Brown for helping of dollars out of our still-recovering on killing jobs in the only sector that girls from western New York train for is growing—health care. Because they economy. Poverty is at its highest careers in science, and I congratulate have not helped the recovery, our fel- level since 1993; but unemployment her on this wonderful recognition. low Americans still need the payroll benefits kept over 3 million Americans, f tax deduction and unemployment in- including 1 million children, out of poverty in 2010; and now Republicans BIG GOVERNMENT IS THE TOP surance and a fix of doctors’ Medicare are fighting to gut this necessary life- CONCERN FOR AMERICANS reimbursements so that they can con- tinue services to the millions of Ameri- line. (Mr. HULTGREN asked and was cans on Medicare. During this holiday season, when given permission to address the House Let’s do a clean bill in the spirit of millions of Americans are worried for 1 minute.) Christmas, Chanukah and Kwanza. about being able to pay their rent, I Mr. HULTGREN. Some in this Cham- A big ‘‘welcome home’’ to our troops. urge my colleagues to oppose slashing ber believe that the answer to our Na- I thank them all for their service. unemployment benefits. tion’s problems is more government, f f that we need more unchecked spending, more unelected bureaucrats, and more TROOPS RETURNING FROM IRAQ BENNY COCKERHAM, III rules and regulation in our everyday (Mr. CICILLINE asked and was given (Ms. EDWARDS asked and was given lives. permission to address the House for 1 permission to address the House for 1 Yet, in a Gallup Poll just this week, minute.) minute.) 64 percent of Americans across the po- Mr. CICILLINE. Mr. Speaker, I rise Ms. EDWARDS. Mr. Speaker, I rise litical spectrum responded that their to honor our brave men and women re- today to pay tribute to our servicemen biggest fear and the greatest threat to turning home from Iraq, especially and -women who end their mission in our country is Big Government. Rhode Island’s Company D, 126 TAC. Iraq. They’ve seen, just as I’ve seen, that Thank you for your tremendous dedi- Like many, I woke this morning to burdensome rules and regulation and cation, selfless efforts, and courageous the End of Mission ceremony, and I out-of-control spending and debt bring service to our country. thought about Corporal Benny ‘‘Gray’’ us nothing but high unemployment and Tragically, thousands of our service- Cockerham, III of North Carolina. He an uncertain future for our kids and members have made the ultimate sac- was the son of my good friends Ben and our grandkids. rifice, and I join all Americans in hon- Jill Cockerham. He lost his life at age That’s why the House Republicans oring their service and sacrifice and 21 in al-Anbar province in Iraq on Octo- have been working tirelessly this year those of their families. ber 21, 2005. It is because of you that we are able to pass pro-growth, pro-jobs bills that Like his father, he joined the Marine to enjoy the great freedoms, privileges, will restore the confidence our Nation’s Corps in service to this Nation, and he and rights we have here at home. job creators need to put Americans With the homecoming of our troops is survived by Ben and Jill; his wife, back to work again. Yet nearly 30 of from Iraq, we must keep our promise to Amanda; and his brother, Adam. these bills, which would restore reason- our veterans. On the battlefield, the And like the 4,486 other men and able regulation, reduce spending and military pledge is to leave no soldier women who lost their lives in Iraq, the create a smaller, less intrusive Federal behind. As a Nation, let it be our mission has ended. Government, continue to languish over pledge that, when they return home, I want to pay tribute today to all of in the Senate, which still refuses to ad- we leave no veteran behind. We must our servicemen and -women for their dress the needs of unemployed Ameri- do everything we can to honor them by service and for their sacrifice and espe- cans. guaranteeing they have the help they cially to my friends Ben and Jill for We can’t wait. Pass these jobs bills so need in finding employment, in secur- the loss of your son. I remember when that Americans can start working ing housing, and in accessing quality he was born on June 28, as we shared a again and so that America can move health care. birthday, and I want you to know that forward. The men and women who have served the Nation is ever grateful for all your f our country demonstrate the ideals of sacrifice and for your service. IN THE SPIRIT OF CHRISTMAS, bravery and patriotism. Now let us f CHANUKAH, AND KWANZA, LET’S work together to create a future wor- HONORING UNILEVER NATIONAL PASS A CLEAN BILL thy of their service. PARKS CONGRESSIONAL INTERN- (Mrs. CHRISTENSEN asked and was f SHIP PROGRAM given permission to address the House REPUBLICAN EFFORTS TO CUT (Mr. COSTA asked and was given per- for 1 minute.) UNEMPLOYMENT INSURANCE mission to address the House for 1 Mrs. CHRISTENSEN. This year and (Mr. PETERS asked and was given minute and to revise and extend his re- every time the Democrats have tried to permission to address the House for 1 marks.) do the right thing for the American minute.) Mr. COSTA. Mr. Speaker, I too rise people, the Republicans say ‘‘no’’ un- Mr. PETERS. Mr. Speaker, I rise in honor of our troops who served hon- less they add their poison pills. In the today to oppose Republican efforts to orably not only in Iraq but who con- past, that might have led to negotia- slash unemployment benefits. tinue to serve throughout the world in

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.029 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8984 CONGRESSIONAL RECORD — HOUSE December 15, 2011 protecting our freedoms. They’ve done women and -men and thank you for b 1315 a job well done. your service to our Nation. AFTER RECESS In addition, I rise today to honor the f Unilever National Parks Congressional The recess having expired, the House EDUCATION Internship program in partnership with was called to order by the Speaker pro the Student Conservation Association. (Mrs. DAVIS of California asked and tempore (Mr. WESTMORELAND) at 1 For 11 years, this program has en- was given permission to address the o’clock and 15 minutes p.m. gaged the next generation of conserva- House for 1 minute.) f Mrs. DAVIS of California. Mr. Speak- tion leaders by facilitating internships ANNOUNCEMENT BY THE SPEAKER er, first, I certainly want to thank our in national parks and on Capitol Hill PRO TEMPORE for 63 top-notch young professionals. troops and their families for their sac- The SPEAKER pro tempore. Pursu- The program has served as an impor- rifice as we exit from Iraq. It is my honor now to continue to ant to clause 8 of rule XX, the Chair tant stepping stone in their public pol- bring the voices of my constituents to will postpone further proceedings icy and conservation careers. this floor. And the following is from today on the motion to suspend the It is with great sadness that this pro- Howard Tenenbaum. He is a science rules on which a recorded vote or the gram has come to an end; but I have teacher in La Jolla, and I believe his yeas and nays are ordered, or on which had the privilege, along with my col- class is watching today. He sent me his the vote incurs objection under clause leagues, in working with seven of the opinion on education: 6 of rule XX. Unilever congressional interns in my ‘‘Weighing a pig every day doesn’t Any record vote on the postponed office. get you a fatter pig. And annual test- question will be taken later. I commend the Unilever and Student ing of all students in all subject areas, f Conservation Association for spon- without it impacting their grade, has soring such an innovative program, and not resulted in smarter students. It has WELFARE INTEGRITY AND DATA I thank all of the interns for their dedi- made our students lose their intrinsic IMPROVEMENT ACT cation and service. I wish them all the desire to learn and added an expensive Mr. PAULSEN. Mr. Speaker, I move best in their future careers as they add layer of bureaucracy to an already ad- to suspend the rules and pass the bill value to the fabric of our Nation. ministratively top-heavy system. (H.R. 3659) to reauthorize the program f ‘‘This is especially true for science of block grants to States for temporary education. It is clear that the current assistance for needy families through b 1230 accountability system has failed. Our fiscal year 2012, and for other purposes, REPUBLICAN OPPOSITION TO students, parents, and their teachers as amended. PROPOSED TAX CUT are being held hostage to this failed The Clerk read the title of the bill. (Ms. CLARKE of New York asked and system. When was the last time you The text of the bill is as follows: was given permission to address the were forced to take an exam, asked to H.R. 3659 House for 1 minute.) do your ‘best,’ and knew that the result Be it enacted by the Senate and House of Rep- wouldn’t affect how you were being Ms. CLARKE of New York. Mr. resentatives of the United States of America in evaluated?’’ Speaker, here we go again. For the Congress assembled, Mr. Speaker, I want to thank Howard third time this calendar year, we are SECTION 1. SHORT TITLE. for bringing to the House his thoughts This Act may be cited as the ‘‘Welfare In- facing the real likelihood of a govern- on education and this question to our tegrity and Data Improvement Act’’. ment shutdown. And why? Because, Mr. floor. SEC. 2. TABLE OF CONTENTS. Speaker, of all things, Republican op- f The table of contents of this Act is as fol- position to a tax cut proposal. The Re- lows: publican majority, which has spent the COMMUNICATION FROM THE Sec. 1. Short title. last 49 weeks of the American people’s CLERK OF THE HOUSE Sec. 2. Table of contents. time protecting tax cuts for million- The SPEAKER pro tempore laid be- Sec. 3. Extension of program. aires, multimillionaires, and billion- fore the House the following commu- Sec. 4. Data standardization. aires, does not want to extend the same nication from the Clerk of the House of Sec. 5. Spending policies for assistance courtesy to the struggling middle under State TANF programs. Representatives: Sec. 6. Technical corrections. class. OFFICE OF THE CLERK, SEC. 3. EXTENSION OF PROGRAM. It’s a shame, Mr. Speaker, that the HOUSE OF REPRESENTATIVES, (a) FAMILY ASSISTANCE GRANTS.—Section people’s House cannot agree to pass Washington, DC, December 15, 2011. 403(a)(1) of the Social Security Act (42 U.S.C. commonsense legislation that benefits Hon. JOHN A. BOEHNER, 603(a)(1) is amended— the majority of the American people The Speaker, House of Representatives, Wash- (1) in subparagraph (A), by striking ‘‘ each without including poison pills that en- ington, DC. of fiscal years 1996’’ and all that follows sure the air we breathe is clean, our DEAR MR. SPEAKER: Pursuant to the per- through ‘‘2003’’ and inserting ‘‘fiscal year mission granted in Clause 2(h) of Rule II of 2012’’; water is safe to drink, and our seniors the Rules of the U.S. House of Representa- have access to quality health care. (2) in subparagraph (B)— tives, the Clerk received the following mes- (A) by inserting ‘‘(as in effect just before Unfortunately, this should not come sage from the Secretary of the Senate on De- the enactment of the Welfare Integrity and as a surprise to the American people cember 15, 2011 at 9:22 a.m.: Data Improvement Act)’’ after ‘‘this para- That the Senate passed with an amend- who have watched the Republican-led graph’’ the 1st place it appears; and ment H.R. 1892. 112th Congress unleash an all-out as- That the Senate passed with amendments (B) by inserting ‘‘(as so in effect)’’ after sault on our middle class and aspiring H.R. 515. ‘‘this paragraph’’ the 2nd place it appears; middle class and the most vulnerable Appointments: and amongst us. National Advisory Committee on Institu- (3) in subparagraph (C), by striking ‘‘2003’’ Mr. Speaker, during these tough tional Quality and Integrity. and inserting ‘‘2012’’. (b) HEALTHY MARRIAGE PROMOTION AND RE- times, we cannot afford to pass par- With best wishes, I am Sincerely, SPONSIBLE FATHERHOOD GRANTS.—Section tisan legislation that toys with and di- KAREN L. HAAS. 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) minishes the livelihoods of the Amer- f is amended by striking ‘‘2011’’ and inserting ican people, that harms our economic ‘‘2012’’. recovery efforts, and removes environ- RECESS (c) MAINTENANCE OF EFFORT REQUIRE- mental safeguards. We must put poli- The SPEAKER pro tempore. Pursu- MENT.—Section 409(a)(7) of such Act (42 tics aside, pass commonsense legisla- ant to clause 12(a) of rule I, the Chair U.S.C. 609(a)(7)) is amended— tion that helps the American people, (1) in subparagraph (A), by striking ‘‘fiscal declares the House in recess until 1:15 year’’ and all that follows through ‘‘2013’’ and not use them as political bar- p.m. today. and inserting ‘‘a fiscal year’’; and gaining chips. Accordingly (at 12 o’clock and 33 (2) in subparagraph (B)(ii)— I would like to take this opportunity minutes p.m.), the House stood in re- (A) by striking ‘‘for fiscal years 1997 to welcome home America’s service- cess until 1:15 p.m. through 2012,’’; and

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.030 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8985 (B) by striking ‘‘407(a) for the fiscal year,’’ the eXtensible Business Reporting Language. reduction required under subparagraph (A) and inserting ‘‘407(a),’’. Such standards shall, to the extent prac- based on the degree of noncompliance of the (d) TRIBAL GRANTS.—Section 412(a) of such ticable— State. Act (42 U.S.C. 612(a)) is amended in each of ‘‘(i) incorporate a widely-accepted, non- ‘‘(C) STATE NOT RESPONSIBLE FOR INDI- paragraphs (1)(A) and (2)(A) by striking proprietary, searchable, computer-readable VIDUAL VIOLATIONS.—Fraudulent activity by ‘‘each of fiscal years 1997’’ and all that fol- format; any individual in an attempt to circumvent lows through ‘‘2003’’ and inserting ‘‘fiscal ‘‘(ii) be consistent with and implement ap- the policies and practices required by section year 2012’’. plicable accounting principles; and 408(a)(12) shall not trigger a State penalty (e) STUDIES AND DEMONSTRATIONS.—Section ‘‘(iii) be capable of being continually up- under subparagraph (A).’’. 413(h)(1) of such Act (42 U.S.C. 613(h)(1)) is graded as necessary.’’. (c) CONFORMING AMENDMENT.—Section amended by striking ‘‘each of fiscal years (b) APPLICABILITY.—The amendments made 409(c)(4) of such Act (42 U.S.C. 609(c)(4)) is 1997 through 2002’’ and inserting ‘‘fiscal year by this subsection shall apply with respect amended by striking ‘‘or (13)’’ and inserting 2012’’. to information required to be reported on or ‘‘(13), or (16)’’. (f) CENSUS BUREAU STUDY.—Section 414(b) after October 1, 2012. SEC. 6. TECHNICAL CORRECTIONS. of such Act (42 U.S.C. 614(b)) is amended by SEC. 5. SPENDING POLICIES FOR ASSISTANCE (a) Section 404(d)(1)(A) of the Social Secu- striking ‘‘each of fiscal years 1996’’ and all UNDER STATE TANF PROGRAMS. rity Act (42 U.S.C. 604(d)(1)(A)) is amended by (a) STATE REQUIREMENT.—Section 408(a) of that follows through ‘‘2003’’ and inserting striking ‘‘subtitle 1 of Title’’ and inserting the Social Security Act (42 U.S.C. 608(a)) is ‘‘fiscal year 2012’’. ‘‘Subtitle 1 of title’’. amended by adding at the end the following: (g) CHILD CARE ENTITLEMENT.—Section (b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) ‘‘(12) STATE REQUIREMENT TO PREVENT UN- 418(a)(3) of such Act (42 U.S.C. 618(a)(3)) is of such Act (42 U.S.C. 607(c)(2)(A)(i) and AUTHORIZED SPENDING OF BENEFITS.— amended by striking ‘‘appropriated’’ and all 609(a)(3)(C)) are each amended by striking ‘‘(A) IN GENERAL.—A State to which a that follows and inserting ‘‘appropriated ‘‘403(b)(6)’’ and inserting ‘‘403(b)(5)’’. grant is made under section 403 shall main- $2,917,000,000 for fiscal year 2012.’’. (c) Section 409(a)(2)(A) of such Act (42 tain policies and practices as necessary to (h) GRANTS TO TERRITORIES.—Section U.S.C. 609(a)(2)(A)) is amended by moving prevent assistance provided under the State 1108(b)(2) of such Act (42 U.S.C. 1308(b)(2)) is clauses (i) and (ii) 2 ems to the right. program funded under this part from being amended by striking ‘‘for fiscal years 1997 (d) Section 409(c)(2) of such Act (42 U.S.C. used in any electronic benefit transfer trans- through 2003’’ and inserting ‘‘fiscal year 609(c)(2)) is amended by inserting a comma action in— 2012’’. after ‘‘appropriate’’. ‘‘(i) any liquor store; (i) PREVENTION OF DUPLICATE APPROPRIA- (e) Section 411(a)(1)(A)(ii)(III) of such Act ‘‘(ii) any casino, gambling casino, or gam- (42 U.S.C. 611(a)(1)(A)(ii)(III)) is amended by TIONS FOR FISCAL YEAR 2012.—Expenditures ing establishment; or striking the last close parenthesis. made pursuant to the Short-Term TANF Ex- ‘‘(iii) any retail establishment which pro- tension Act (Public Law 112–35) or section vides adult-oriented entertainment in which The SPEAKER pro tempore. Pursu- 403(b) of the Social Security Act for fiscal performers disrobe or perform in an ant to the rule, the gentleman from year 2012 shall be charged to the applicable unclothed state for entertainment. Minnesota (Mr. PAULSEN) and the gen- appropriation or authorization provided by ‘‘(B) DEFINITIONS.—For purposes of sub- tleman from Texas (Mr. DOGGETT) each the amendments made by this section for paragraph (A)— such fiscal year. will control 20 minutes. ‘‘(i) LIQUOR STORE.—The term ‘liquor store’ (j) EFFECTIVE DATE.—This section and the The Chair recognizes the gentleman means any retail establishment which sells from Minnesota. amendments made by this section shall take exclusively or primarily intoxicating liquor. effect on the date of the enactment of this Such term does not include a grocery store GENERAL LEAVE Act. which sells both intoxicating liquor and gro- Mr. PAULSEN. Mr. Speaker, I ask SEC. 4. DATA STANDARDIZATION. ceries including staple foods (within the unanimous consent that all Members (a) IN GENERAL.—Section 411 of the Social meaning of section 3(r) of the Food and Nu- have 5 legislative days in which to re- Security Act (42 U.S.C. 611) is amended by trition Act of 2008 (7 U.S.C. 2012(r))). vise and extend their remarks and in- adding at the end the following: ‘‘(ii) CASINO, GAMBLING CASINO, OR GAMING clude extraneous material on the sub- ‘‘(d) DATA STANDARDIZATION.— ESTABLISHMENT.—The terms ‘casino’, ‘gam- ‘‘(1) STANDARD DATA ELEMENTS.— bling casino’, and ‘gaming establishment’ do ject of the bill under consideration. ‘‘(A) DESIGNATION.—The Secretary, in con- not include a grocery store which sells gro- The SPEAKER pro tempore. Is there sultation with an interagency work group ceries including such staple foods and which objection to the request of the gen- which shall be established by the Office of also offers, or is located within the same tleman from Minnesota? Management and Budget, and considering building or complex as, casino, gambling, or There was no objection. State and tribal perspectives, shall, by rule, gaming activities. Mr. PAULSEN. Mr. Speaker, I yield designate standard data elements for any ‘‘(iii) ELECTRONIC BENEFIT TRANSFER TRANS- myself as much time as I may con- category of information required to be re- ACTION.—The term ‘electronic benefit trans- sume. ported under this part. fer transaction’ means the use of a credit or I rise today in support of H.R. 3659, ‘‘(B) REQUIREMENTS.—In designating the debit card service, automated teller ma- standard data elements, the Secretary shall, chine, point-of-sale terminal, or access to an legislation to extend Temporary As- to the extent practicable— online system for the withdrawal of funds or sistance For Needy Families and re- ‘‘(i) ensure that the data elements are non- the processing of a payment for merchandise lated programs through the end of this proprietary and interoperable; or a service.’’. fiscal year, as well as to ensure that ‘‘(ii) incorporate interoperable standards (b) PENALTY.—Section 409(a) of such Act (42 these funds are spent appropriately. developed and maintained by an inter- U.S.C. 609(a)) is amended by adding at the Now, before describing the legislation national voluntary consensus standards end the following: in greater detail, I note that these body, as defined by the Office of Manage- ‘‘(16) PENALTY FOR FAILURE TO ENFORCE same provisions were already approved ment and Budget, such as the International SPENDING POLICIES.— Organization for Standardization; ‘‘(A) IN GENERAL.—If, within 2 years after by the House as part of H.R. 3630, the ‘‘(iii) incorporate interoperable standards the date of the enactment of this paragraph, Middle Class Tax Relief and Job Cre- developed and maintained by intergovern- any State has not reported to the Secretary ation Act, on Tuesday of this week. mental partnerships, such as the National on such State’s implementation of the poli- But given some of the uncertainty Information Exchange Model; and cies and practices required by section about that legislation, it makes sense ‘‘(iv) incorporate interoperable standards 408(a)(12), or the Secretary determines, based to ensure that the TANF program con- developed and maintained by Federal enti- on the information provided in State reports, tinues to assist families past December ties with authority over contracting and fi- that any State has not implemented and 31, when its current authorization ex- nancial assistance, such as the Federal Ac- maintained such policies and practices, the quisition Regulatory Council. Secretary shall reduce, by an amount equal pires. That’s the first and most impor- ‘‘(2) DATA REPORTING STANDARDS.— to 5 percent of the State family assistance tant thing that this bill will do. ‘‘(A) DESIGNATION.—The Secretary, in con- grant, the grant payable to such State under The TANF program has been gen- sultation with an interagency work group es- section 403(a)(1) for— erally successful at reducing welfare tablished by the Office of Management and ‘‘(i) the fiscal year immediately succeeding dependence and encouraging work. Budget, and considering State and tribal per- the year in which such 2-year period ends; This success is partly evidenced by the spectives, shall, by rule, designate standards and fact that since it began in 1996, TANF to govern the data reporting required under ‘‘(ii) each succeeding fiscal year in which caseloads have fallen by 56 percent this part. the State does not demonstrate that such ‘‘(B) REQUIREMENTS.—In designating the State has implemented and maintained such through June of this year. And a key data reporting standards, the Secretary policies and practices. reason why this happened is because shall, to the extent practicable, incorporate ‘‘(B) REDUCTION OF APPLICABLE PENALTY.— TANF is designed to promote and also existing nonproprietary standards, such as The Secretary may reduce the amount of the support work. Unfortunately, it is one

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.002 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8986 CONGRESSIONAL RECORD — HOUSE December 15, 2011 of the only anti-poverty programs that lated programs at their current levels, Texas that is largely indifferent to the actually does so, focusing on helping this bill does not add one penny to the needs of its poor citizens has even less move people from government checks deficit. capacity to respond to those needs. Be- to paychecks. Again, this legislation continues cause of this deliberate and unjustified And especially, given that the focus TANF and related programs for 9 omission, Texas loses $500 million; and and the fact that this program helps so months, while making needed changes together with 16 other States, they lose many single parents with children, we to improve program integrity. More a total of $3 billion over the next dec- need to continue TANF so low-income does need to be done to further improve ade. This is money that will not be parents have the dignity of working TANF, especially on how it helps par- there to assist struggling families and and supporting their family. ents go and get to work. This legisla- to promote work. Termination of these But we also can’t stop there. Extend- tion will allow that process of reform grants is really a breach of the agree- ing TANF will also provide us the op- to continue into next year, while en- ment of 15 years ago as a part of wel- portunity to develop long-term solu- suring that important TANF benefits fare reform. tions to some of the problems revealed remain available beyond their current But as we pass this bill, a few points in a subcommittee hearing earlier this December 31 expiration. need to be noted that are positive in year, such as making sure that work I want to thank Representative nature. requirements apply in all the cases GEOFF DAVIS, the chairman of the First is the one my colleague refers that they should. Ways and Means Subcommittee on to as bipartisan legislation that I have In discussing this issue with Sub- Human Resources, for his work and ef- worked on with Chairman GEOFF committee Chairman GEOFF DAVIS, I fort on this issue, as well as Dr. BOU- DAVIS. It is designed to assure that know that that remains a key focus of STANY and Mr. SCHOCK for their impor- Health and Human Services does have the Human Resources Subcommittee tant efforts and cosponsoring this common data points so that we ferret agenda in the coming year. measure that we’re bringing forward to out any waste and abuse among various Aside from extending TANF and re- the House today. programs and, at the same time, help lated programs, this bill contains two I ask all my colleagues to support it eligible Americans to receive the as- important and bipartisan program in- and pass it. sistance to which they are entitled. tegrity provisions. First, it requires I reserve the balance of my time. This has already been incorporated that States apply specific data stand- Mr. DOGGETT. Mr. Speaker, I yield into the child welfare legislation that ards to the TANF information they use myself such time as I may consume. was also approved by our sub- when administering benefits and re- I rise in reluctant support of this committee on a bipartisan basis and porting data to the Federal Govern- measure, asking for its approval, be- has been signed into law. ment. This will help ensure that States cause without approval, Federal fund- A second provision that is described have reliable data to use in matching ing for Temporary Assistance for as ‘‘program integrity’’ certainly does within TANF and across other pro- Needy Families will expire on New sound good in speeches, and it probably grams, to ensure that the right people Year’s Eve. My reluctance centers on does address a problem in Las Vegas are receiving the right benefits. the incomplete nature of this exten- and a few other areas that for speech Unfortunately, today that is not al- sion. purposes has been described as the so- ways the case. The absence of such It’s incomplete, first, in terms of called ‘‘strip club loophole.’’ I’m in data standards undermine program in- time. In September, Republicans de- favor of closing every loophole that tegrity and results in the waste of tax- clined to extend this necessary funding takes public money that needs to go to payer funds; and that needs to end. for more than 3 months. Now they ex- needy children and diverts it for some This data provision is identical to pro- tend it only for another 9 months, as- other purpose, whether it’s at a strip visions affecting child welfare pro- suring that during the height of the club or it is a pharmaceutical manufac- grams signed into law by the President 2012 campaign season next year they’ll turer who has milked Medicaid and in September as part of the Child and have an opportunity to blame the poor Medicare for millions of dollars. Family Services Improvement and In- for whatever questionable anecdote Earlier this week, we heard from novation Act. And I know Sub- arises in the meantime. TANF administrators across the coun- committee Chairman DAVIS and the This type of short-term extension at try, Republicans and Democrats, ques- gentleman from Texas, my colleague, a time of a budgetary crisis in many of tioning this provision, and we know Mr. DOGGETT, have worked together our States reduces the ability to plan that it is also the subject of a study by throughout the year on this effort. and to reform. It assures that direct as- the Government Accountability Office. sistance to our most vulnerable neigh- I think that we need to ensure no dol- b 1320 bors will just barely hang on. It lars are wasted here, and I certainly The second program integrity provi- postpones any meaningful action on re- wouldn’t let this newly added provision sion closes what some have dubbed the sponding to the Census Bureau report slow up a must-pass piece of legislation ‘‘strip club loophole.’’ This loophole that more Americans were poor in 2010 to assure that the Temporary Assist- currently allows individuals to access than at any recent time. ance for Needy Families program is welfare benefits at ATMs in strip clubs, In my home county in the capital of continued to next September. liquor clubs, and casinos. This provi- the State of Texas, the percentage of With that, I reserve the balance of sion insists that all States will take children living in poverty grew from my time. the necessary steps to end this abusive 18.3 percent in 2007 to 24.5 in 2010—al- Mr. PAULSEN. Mr. Speaker, I yield 2 practice which has been highlighted in most one in every four children, in our minutes to the gentleman from Lou- news stories across the country. area, impoverished. isiana, a distinguished member of the Some States have already imple- And today’s bill is incomplete in Ways and Means Committee, Mr. BOU- mented policies to close this loophole, terms of coverage. An important part STANY. ensuring that welfare benefits are of the 1996 reform of the welfare law, a Mr. BOUSTANY. I want to thank the spent to support children and families. reform that I personally supported, an gentleman from Minnesota for yielding This bill ensures that all States take important part is omitted today, the time to me. action to close this loophole. TANF supplemental grants. These are Mr. Speaker, I rise in support of the I note that this policy is the same as funds that are allocated to help those Welfare Integrity and Data Improve- that introduced by Senators HATCH and States like Texas that were negatively ment Act, and I want to thank Chair- BAUCUS, the ranking member and affected by the Federal formula in man DAVIS for his work on this as well chairman, respectively, of the Senate place at the time. as Ranking Member DOGGETT. But I Finance Committee, so it has strong Without any good explanation or jus- also want to express my deep apprecia- bipartisan support in the other body as tification, Republicans allowed this tion for the inclusion of my bill, the well. initiative to expire last summer, and Welfare Integrity Now—WIN—for Chil- Most importantly, Mr. Speaker, by they continue to do so today. This dren and Families Act, H.R. 3567, in continuing funding for TANF and re- means that a State government in this important legislation.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.036 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8987 Mr. Speaker, as chairman of the he was willing to go in and ask, which ture of American families gathered Ways and Means Subcommittee on is not the situation today. This welfare around the Christmas tables, with Oversight, I am determined to continue program is not meeting the needs of their turkeys and their gifts, and their to fight waste, fraud, and abuse on be- what’s going on out there. Christmas trees are lit. That is the half of the taxpayer. This legislation Now, if you’ve watched television re- story of millions of American families, ensures that taxpayer dollars in this cently, you could have seen on ‘‘60 Min- but it’s not the story of many as well. program are being used in the manner utes’’ families who are living in cars. I’ve seen those families firsthand. I that they are intended to be used, and Now, how do you get to a car? Well, see them two doors down from my that is to help those that need it most. first you lose your job. Then you get on house in East Austin when they line up The abuse of funds on EBT cards has unemployment insurance. You lose on a Saturday morning, in need of help, to stop. Prohibiting welfare funds on your health care, too, by the way when at the Olivet Baptist Helping Hand. I EBT cards from being accessible in you lose your job. Then your unem- saw it last Saturday at the recreation strip clubs, liquor stores, and casinos, ployment insurance runs out. You’ve center in southeast Austin, in Dove my bill, H.R. 3567, seeks to prevent the got 99 weeks of that, and it’s gone. Springs, where parents were lined up fraudulent misuse of funds within the Where are you now? Well, um, you’ve for blocks to get their children one toy TANF system. still got the house. You’ve been paying for Christmas. I’ve also seen it across Families across America will con- for that on the unemployment, but now the south and west sides of San Anto- tinue to receive the necessary assist- your house is in foreclosure. The next nio—good families, hardworking people ance that they need during these very thing you know, you’re living in the caught up in the worst recession since tough economic times. car. the Great Depression. They face great The Win for Children and Families We’ve got thousands of people in this challenges, and our safety net in this Act also holds States accountable for country who are in that circumstance. country remains in tatters. not complying with this provision. So They are increasingly taking all of the My concern is that this bill today I’m pleased that the provision has been money out of their IRAs and all the does so little to address that tattered included in this bill, and I urge my col- money out of their pension plans. safety net, which is increasingly more leagues to vote ‘‘yes’’ on this bill. Every single dime they’ve got is gone. hole than net. We see the statistics of Mr. DOGGETT. Mr. Speaker, I yield 3 They’re losing their homes, and all homelessness for these families: 38 per- minutes to the distinguished member they have, if they’re usual families, are cent growth over 3 years of the reces- of this subcommittee and the full com- food stamps. That’s what we offer sion. We see it in threadbare cupboards mittee, the gentleman from Wash- them. In the richest country in the and church pantries and in food centers ington (Mr. MCDERMOTT). world, one in two people is in poverty across the country. Yesterday we saw (Mr. MCDERMOTT asked and was or near it, and we’re offering them food in a report in The New York Times given permission to revise and extend stamps, and are saying, Go find a job, that in 37 States families are worse off his remarks.) when there are four people looking for in terms of child care. Mr. MCDERMOTT. Mr. Speaker, I every job out there. At this time, Mr. Speaker, I yield 2 rise in support of this bill. We surely The SPEAKER pro tempore. The minutes to my colleague from Wis- need to ensure that the TANF program time of the gentleman has expired. consin (Ms. MOORE), to discuss the does not expire, which is the basic pur- Mr. DOGGETT. I yield the gentleman challenges that are faced by some of pose of this extension, but we would be an additional minute. our most vulnerable neighbors. I know remiss if we didn’t say that the status Mr. MCDERMOTT. Only one out of she shares many of these concerns quo falls short of what is needed in every five poor children in America re- about the unmet needs of those fami- these difficult times. ceives any direct assistance from this lies who won’t be fortunate enough to Nearly one out of every two Ameri- program we’re talking about today, look like a Norman Rockwell painting cans is scraping by in poverty or with and those few who do get helped re- this Christmas. very low income. We’re talking about ceive very little. As more and more Ms. MOORE. I thank the gentleman people below $44,000. That’s the people people lose their unemployment bene- for yielding. who are just barely making it with a fits, this hole in the TANF safety net is Mr. Speaker, I rise in opposition to family of four in this country. That’s going to get bigger and bigger and big- H.R. 3659. what the Census Bureau found when ger. We ought to start repairing that This bill was taken out of the 360- they used the new supplemental pov- hole rather than ignoring it as it page tax extenders bill, and essentially erty measure based on legislation I grows. the authors of this bill have brought it proposed in the Congress. That means We are crushing the middle class in up so that they could just have another about 150 million Americans are strug- this country with our social policy at kick at poor people. The bill sort of gling to get by. this point. The data show that our so- suggests that people who are poor are cial safety net works but that the real of very low moral character and that b 1330 problem is that we don’t fund it and they can’t be trusted to use their EBT Just 2 days ago on this floor, the re- that we haven’t kept it up to date with cards in liquor stores or casinos, so sponse to this epidemic of suffering what the modern economy is doing. therefore we need to make some re- from the Republicans was to just sug- People used to go unemployed, and strictions on how they can use EBT gest that we ought to cut off unem- then in a while the job came back. The cards. ployment benefits to millions of Amer- jobs are not coming back anymore. But before we start kicking poor peo- icans. Now, imagine yourself in the Technology is changing it all. ple yet another time, I just want to re- middle class—and there are a lot of I support extending TANF, but to- mind everyone of data that were just people who think they’re in the middle day’s bill is a Band-Aid of underfunding released today which indicate that one class. Think about what that means an outdated policy that hasn’t kept up half of all Americans are poor and that when somebody says, We’re going to with the problems that struggling these people may find themselves eligi- make it harder for you to get unem- Americans are facing every day. We ble for benefits under this Electronic ployment benefits when you need must do better by the middle class in Benefit Transfer card. them. this country—or Occupy Wall Street is Earlier this week, Congressman JOHN It is morally wrong and is terrible going to be everywhere. LEWIS and I tried to strike this lan- economic policy. We need to follow a Mr. PAULSEN. Mr. Speaker, I re- guage from the bill—with no success. much different path, one that focuses serve the balance of my time. The provision that blocks EBT cards on reforming programs so that they Mr. DOGGETT. I may have one addi- from being used in liquor stores, casi- better respond to Americans in need. tional speaker if the gentlelady makes nos and strip clubs doesn’t consider a I was here when we did the reform of it in time, but let me close on this couple of things. It doesn’t consider the 1996. In 1996, this country was going note: tremendous cost that this will have on like a bat. We were really making Mr. Speaker, at this time of year, we financial institutions, which will have money, and anybody could find a job if have largely a Norman Rockwell pic- to reconfigure their cards. It also

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8988 CONGRESSIONAL RECORD — HOUSE December 15, 2011 doesn’t consider the distance for many guage out of a 370 page bill so that they could limited access spend significantly more time Americans. There are 23 million Ameri- kick people who are down with further restric- (19.5 minutes) traveling to a grocery store cans who live in so-called ‘‘food tions. than the national average (15 minutes). How- I hope that the American people can see ever, 93 percent of those who live in low-in- deserts’’ where there is not access to a come areas with limited access traveled to grocery store or to an EBT machine that Republicans are simply playing political the grocery store in a vehicle they or an- within walking distance. theater, trying to further humiliate and other household member drove. The SPEAKER pro tempore. The marginalize poor people while stonewalling These distance and time-based measures time of the gentlewoman has expired. any and all efforts for Democrats to pass are national estimates that do not consider Mr. DOGGETT. I yield the gentlelady meaningful legislation that will truly provide op- differences between rural and urban areas in an additional 30 seconds. portunities for all people. terms of distance, travel patterns, and retail market coverage. Ms. MOORE. Before I close, I would [From the Economic Research Service, June Urban core areas with limited food access just like to mention one personal expe- 2009] are characterized by higher levels of racial rience that I had just this last week. ACCESS TO AFFORDABLE AND NUTRITIOUS FOOD segregation and greater income inequality. After having suffered an aneurysm, Measuring and Understanding Food Deserts In small-town and rural areas with limited one of my sisters was on her way back and Their Consequences food access, the lack of transportation infra- to the hospital this morning. Because I REPORT TO CONGRESS structure is the most defining characteristic. didn’t have access to a vehicle, I went Increases in obesity and diet-related dis- These area- or distance-based results are in and purchased the last meal that I gave eases are major public health problems. line with a nationally representative survey her before I journeyed back to Wash- These problems may be worse in some U.S. of U.S. households conducted in 2001. Re- communities because access to affordable sponses to direct questions about food access ington, D.C. I bought her 100 percent show that nearly 6 percent of all U.S. house- orange juice from a liquor store that and nutritious foods is difficult. Previous studies suggest that some areas and house- holds did not always have the food they was within walking distance of my holds have easier access to fast food res- wanted or needed because of access-related home. taurants and convenience stores but limited problems. More than half of these households So it may be an unintended con- access to supermarkets. Limited access to also lacked enough money for food. It is un- sequence, but this is just a mean-spir- nutritious food and relatively easier access clear whether food access or income con- ited effort to, one more time, kick the to less nutritious food may be linked to poor straints were relatively greater barriers for poor people who are now half of all diets and, ultimately, to obesity and diet-re- these households. lated diseases. Congress, in the Food, Con- Supermarkets and large grocery stores Americans. have lower prices than smaller stores. A key Mr. Speaker, here we are once again. Like servation, and Energy Act of 2008, directed the U.S. Department of Agriculture (USDA) concern for people who live in areas with a broken record the Republican leadership to conduct a 1-year study to assess the ex- limited access is that they rely on small gro- continues to play the same sad song. One tent of the problem of limited access, iden- cery or convenience stores that may not that claims to help the poor and middle class tify characteristics and causes, consider the carry all the foods needed for a healthy diet but in the end will only exacerbate our already effects of limited access on local popu- and that may offer these foods and other food at higher prices. This report examines weak economy. lations, and outline recommendations to ad- dress the problem. whether prices of similar foods vary across As always, the devil is in the details. This so retail outlet types and whether the prices ac- called Welfare Integrity and Data Improvement This report presents the findings of the study, which include results from two con- tually paid by consumers vary across income Act will only help to make an already broken ferences of national and international au- levels. These analyses use proprietary house- program worse while also restricting access thorities on food deserts and a set of com- hold-level data that contain information on for our most vulnerable families. missioned research studies done in coopera- food items purchased by approximately 40,000 But be careful. tion with the National Poverty Center at the demographically representative households New Census data released today reveals University of Michigan. It also includes re- across the United States. Results from these that 1 in 2 Americans have fallen into poverty. views of existing literature, a national-level analyses show that when consumers shop at One half of all Americans are now either poor assessment of access to supermarkets and convenience stores, prices paid for similar goods are, on average, higher than at super- or low-income!!! large grocery stores, analysis of the eco- nomic and public health effects of limited markets. The rate at which women and children are Low-income households shop where food being thrown under the bus is a strong indica- access, and a discussion of existing policy interventions. A variety of analytical meth- prices are lower, when they can. Findings tion that TANF has systematically failed to ods and data are used to assess the extent of also show that food purchases at convenience close the expanding poverty gap, build path- limited access to affordable and nutritious stores make up a small portion of total food ways to sustainable employment, and has food and characteristics of areas with lim- expenditures (2 to 3 percent) for low-income done little to alleviate the problem of growing ited access. consumers. Low- and middle-income house- holds are more likely to purchase food at chronic poverty. FINDINGS supercenters, where prices are lower. Admin- Now, as we go into TANF’s third extension, Access to a supermarket or large grocery istrative data on SNAP benefit redemptions Republicans want to impose additional barriers store is a problem for a small percentage of from 2008 show that 86 percent of SNAP bene- on families to further hinder their ability to ac- households. Results indicate that some con- fits were redeemed at supermarkets or large cess much needed benefits in these tough sumers are constrained in their ability to ac- grocery stores. Research that considers the economic times. cess affordable nutritious food because they prices paid for the same food across house- This bill includes a harmful provision that live far from a supermarket or large grocery hold income levels indicates that while some store and do not have easy access to trans- of the very poorest households—those earn- blocks EBT cards from being used at liquor portation. Three pieces of evidence corrobo- stores, casinos and strip clubs. ing less than $8,000 per year—may pay be- rate this conclusion: tween 0.5 percent and 1.3 percent more for Mr. Speaker, this is an issue of access. In Of all U.S. households, 2.3 million, or 2.2 their groceries than households earning many neighborhoods, the closest ATM is lo- percent, live more than a mile from a super- slightly more, households earning between cated in a nearby liquor store. market and do not have access to a vehicle. $8,000 and $30,000 tend to pay the lowest We don’t want to encourage people to go to An additional 3.4 million households, or 3.2 prices for groceries, whereas higher income liquor stores or casinos but what are low-in- percent of all households, live between one- households pay significantly higher prices. come families supposed to do when they can’t half to 1 mile and do not have access to a ve- The study also examined food shopping be- even access benefits to feed their families in hicle. havior and the types of food purchased for Area-based measures of access show that SNAP participants and other low-income their own neighborhoods? 23.5 million people live in low-income areas households. Data from the 1996/1997 NFSPS There has been no consideration of the cost (areas where more than 40 percent of the show that SNAP participants were, on aver- associated with implementing this policy, or to population has income at or below 200 per- age, 1.8 miles from the nearest supermarket. the kinds of burdens that it will undoubtedly cent of Federal poverty thresholds) that are However, the average number of miles both place on states and financial institutions who more than 1 mile from a supermarket or SNAP participants and eligible nonpartici- will have to reconfigure thousands of ATMs. large grocery store. However, not all of these pants traveled to the store most often used Earlier this week, Congressman JOHN LEWIS 23.5 million people have low income. If esti- was 4.9 miles. These same data show that and I attempted to strike this language from mates are restricted to consider only low-in- SNAP participants who did not shop at su- the tax extenders bill, but Republicans refused come people in low-income areas, then 11.5 permarkets purchased less noncanned fruit, million people, or 4.1 percent of the total noncanned vegetables, and milk than SNAP to consider any amendments both on the floor U.S. population, live in low-income areas participants who shopped frequently at a su- and in the Rules Committee. more than 1 mile from a supermarket. permarket. Here we are. Up against many deadlines Data on time use and travel mode show Easy access to all food, rather than lack of and someone took the time to pull this lan- that people living in low-income areas with access to specific healthy foods, may be a

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.041 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8989 more important factor in explaining in- ies that use improved methods and data to methods for assessing and research findings creases in obesity. Many studies find a cor- determine how food access affects diet, obe- on the impacts of food deserts on such out- relation between limited food access and sity, and other health outcomes are also comes as diet (including examination of spe- lower intake of nutritious foods. Data and needed to help explain the health con- cific foods, such as fruit and vegetable con- methods used in these studies, however, are sequences of food access. sumption and intake of high-energy, low-nu- not sufficiently robust to establish a causal METHODS trient foods), prevalence of obesity and over- link between access and nutritional out- To conduct the analysis of the extent of weight; and diseases associated with poor comes. That is, other explanations cannot be food deserts, a comprehensive database was diets. In addition, presentations covered eliminated as the cause of lower intake. A developed that identified the location of su- promising strategies for mitigating the im- few studies have examined food intake before permarkets and large grocery stores within pacts of food deserts that have been sug- and after healthy food options become avail- the continental United States. Food access gested, implemented, or are in the planning able (either within existing stores or because stages. The workshop provided the basis for new stores opened). The findings are mixed— was estimated as the distance to the nearest supermarket or large grocery store. The the review of the public health literature. some show a small but positive increase in Mr. PAULSEN. Mr. Speaker, I yield consumption of fruits and vegetables, while analysis was refined by examining house- others show no effect. holds without vehicles and specific socio-de- myself such time as I may consume. The causal pathways linking limited ac- mographic subpopulations drawn from the I just want to thank the gentleman cess to nutritious food to measures of over- 2000 Census. Multivariate statistical analysis for raising the issue about ensuring weight like Body Mass Index (BMI) and obe- was applied to identify the key determinants that TANF recipients can access their of areas with low access to supermarkets and sity are not well understood. Several studies benefits in a variety of locations. find that proximity of fast food restaurants large grocery stores. Research also examined national-level I will say the bill that we are consid- and supermarkets are correlated with BMI ering here on the floor today requires and obesity. But increased consumption of data on questions of household food ade- such healthy foods as fruits and vegetables, quacy and access from the 2001 Current Pop- States to block access to welfare bene- low-fat milk, or whole grains does not nec- ulation Survey. This information was com- fits in casinos, liquor stores, and strip essarily lead to lower BMI. Consumers may plemented with national-level data on time clubs, as we talked about earlier. How- not substitute away from less healthy foods spent traveling to grocery stores from the ever, we do understand that some gro- when they increase their consumption of 2003–07 American Time Use Survey. To con- cery stores, convenience stores, and sider the economic consequences of limited healthy foods. Easy access to all food, rather local markets may also sell groceries than lack of access to specific healthy foods, access, ERS also analyzed demand for cer- tain nutritious foods for a sample of partici- and alcohol or have gambling machines may be a more important factor in explain- as well. That’s why there is an excep- ing increases in BMI and obesity. pants in the Supplemental Nutrition Assist- Understanding the market conditions that ance Program (SNAP, formerly the Food tion in the bill to provide exactly for contribute to differences in access to food is Stamp Program), using data from the Na- the concerns that the gentleman from critical to the design of policy interventions tional Food Stamp Program Survey (NFSPS) Texas raised. that may be effective in reducing access lim- of 1996/1997. Variation in prices for similar With that, I reserve the balance of itations. Access to affordable and nutritious foods purchased at different store types, as my time. food depends on supply (availability) and indicated by hedonic models and data from consumer demand. Consumer behavior, pref- the 2006 Nielsen Homescan panel, was also b 1340 erences, and other factors related to the de- estimated. ERS collaborated with other agencies and Mr. DOGGETT. While I think it mand for some foods may account for dif- would have been better to await the ferences in the types of foods offered across institutions to complete this study. USDA’s different areas. Food retailer behavior and Food and Nutrition Service (FNS) compiled full report from the Government Ac- supply-side issues such as higher costs to de- information on an extensive body of work ex- countability Office, I support those veloping stores in underserved areas may amining food access for SNAP and other low- program integrity provisions. also explain variation across areas in which income households. USDA’s Cooperative I yield 1 minute to the gentleman foods are offered and what stores offer them. State Research, Education, and Extension from Illinois (Mr. DAVIS). If high development costs serve as a bar- Service (CSREES) provided information on Mr. DAVIS of Illinois. I want to the Community Foods Projects and lessons rier to entry for supermarkets in some areas thank the gentleman from Texas for with low access, then subsidy programs or learned in the administration of the projects. restructured zoning policies may be effective The national-level food desert analysis was yielding. solutions. If consumer demand factors, such complemented by a review of existing lit- I rise in support of the extension of as inadequate knowledge of the nutritional erature and the commissioning of additional this legislative activity, and I want to benefits of specific foods, contribute to dif- studies by experts in the field. A workshop be associated as closely as possible ferences in access by reducing demand, then held in October 2008 convened leading experts with the comments made by my col- a public health campaign may be a preferred in the study of retail food and grocery store league from Texas, who seems to have strategy. Several local and State-level ef- access, key stakeholders from community development organizations, grocery retailer his hand on the pulse of where we need forts are underway that could provide the to go, what we need to do, and the un- basis for a better understanding of the types organizations, other government agencies, of interventions that may work best. congressional members and staff, and related fortunate delays that we have experi- Food has been used as a tool for commu- public interest groups. The workshop in- enced. So I thank Mr. DOGGETT for his nity development. Projects such as farmers’ cluded presentations and panel discussions of leadership. I am in favor of extending markets, community gardens, promotion of such topics as defining and describing dimen- this legislation. culturally specific foods for ethnic minori- sions of food deserts, implications of low ac- Mr. DOGGETT. Mr. Speaker, in clos- ties and Native Americans, local food pro- cess for food and nutrition assistance pro- ing, I would just yield myself such time grams, consequences of food deserts, and pro- duction and promotion, youth agricultural as I may consume to say that I am and culinary training programs, and many grams and policies to mitigate the adverse other types of programs have all been imple- effects of food deserts. pleased that we are moving forward to mented in a variety of settings, both urban USDA, in cooperation with the National extend this program, at least until the and rural. USDA’s Community Food Projects Poverty Center at the University of Michi- end of next September. But there re- Competitive Grant program has much expe- gan, commissioned several studies by experts mains much work to do. rience in funding and nurturing such pro- in food access to better understand concepts Many of our neighbors are in great grams. of low access to affordable and nutritious need at the present time. Many are The current state of research is insuffi- foods and the degree to which access varies supported by churches, community across different types of areas. The intent of cient to conclusively determine whether nonprofits, and the like. It is a valu- some areas with limited access have inad- these papers was to describe characteristics equate access. Future research should con- of the food environment and the demo- able service at a time of charity at sider improved methods to measure access graphic, economic, and health conditions Christmas when we all care about levels, availability, and prices of foods faced that typify areas with low food access and to those who are the least among us. by individuals and areas. More research is complement the national-level findings with But just caring in that fashion is not needed to understand how access, avail- more detailed and local-level information. sufficient, given the extent of the prob- ability and price affect the shopping and con- Results from studies were presented in a con- lem. We need a stronger safety net sumption behaviors of consumers. ference. with reference to health care, child Data linking information on the types of USDA, in cooperation with the Institute of foods consumers purchase and eat with Medicine of the National Academies, con- care, the support that is offered measures of consumers’ levels of access and ducted a 2-day workshop in January 2009 on through the Temporary Assistance for the prices they face could help explain the the public health implications of food Needy Families program, and to help economic consequences of food access. Stud- deserts. Workshop presentations covered those—yes, pull them up by their

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.016 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8990 CONGRESSIONAL RECORD — HOUSE December 15, 2011 boots; but for those who lack boot- [Roll No. 933] Simpson Tierney Webster straps, assist them as well. That should Sires Tonko Welch YEAS—330 Slaughter Tsongas West be the goal of our vision as we address Smith (NE) Turner (NY) Aderholt Flake Marino Westmoreland Smith (NJ) Turner (OH) the needs of the many impoverished Akin Fleischmann Matsui Whitfield Smith (TX) Upton people in this country. Alexander Fleming McCarthy (CA) Wilson (FL) Smith (WA) Van Hollen Altmire Flores McCarthy (NY) Wilson (SC) Unfortunately, poor people have the Southerland Walberg Amodei Fortenberry McCaul Wittman least voice in this Congress. Their Speier Walden Wolf Austria Frank (MA) McClintock Stark Walsh (IL) voice is not heard to the extent that Womack Baca Franks (AZ) McCollum Stearns Walz (MN) some of those who have vested inter- Woolsey Bachus Frelinghuysen McHenry Stutzman Wasserman ests here in limousines and lobbyists Barletta Fudge McIntyre Sullivan Schultz Yarmuth are heard. But we need to speak up for Barrow Gallegly McKeon Sutton Waters Young (FL) them. And this is one of those rare op- Bartlett Garamendi McKinley Thompson (PA) Watt Young (IN) Barton (TX) Gibbs McMorris Thornberry Waxman portunities to be able to do so and to Bass (NH) Gingrey (GA) Rodgers say that this Congress has acted; but Becerra Gonzalez McNerney NAYS—83 it’s acted in a modest, limited, incom- Berg Goodlatte Meeks Adams Gerlach Pearce Berkley Gosar Mica plete, and inadequate way. We would Baldwin Gibson Peters Berman Gowdy Michaud Bass (CA) Graves (MO) Peterson not hold up that little bit of help, but Biggert Graves (GA) Miller (MI) Benishek Griffin (AR) Poe (TX) there is so much more that needs to be Bilbray Green, Al Miller (NC) Bishop (NY) Grijalva Quayle done. Bilirakis Green, Gene Miller, Gary Brady (PA) Grimm Rahall Bishop (GA) Griffith (VA) Miller, George Burgess Hanna Reed I yield back the balance of my time. Bishop (UT) Guinta Moran Mr. PAULSEN. Mr. Speaker, in clos- Capuano Heck Renacci Black Hahn Murphy (CT) Cardoza Herrera Beutler Ribble ing, again, this legislation continues Blackburn Hall Murphy (PA) Castor (FL) Huelskamp Roe (TN) TANF and related programs for an ad- Blumenauer Hanabusa Nadler Chandler Huizenga (MI) Ryan (OH) Bonner Harper Napolitano ditional 9 months—it was going to run Chu Hunter Sa´ nchez, Linda Bono Mack Harris Neal Clyburn Johnson (OH) T. out on December 31—while making Boren Hartzler Neugebauer Coffman (CO) Kucinich Sanchez, Loretta both needed and also bipartisan re- Boswell Hastings (FL) Noem Conaway Lance Sarbanes Boustany Hastings (WA) Nugent Conyers Latham Schilling forms and changes that are going to Brady (TX) Hayworth Nunes improve program integrity. Costa Lee (CA) Stivers Braley (IA) Heinrich Nunnelee DeFazio LoBiondo Terry I appreciate the comments of all of Brooks Hensarling Olson Dent Lynch Thompson (CA) the Members here on the floor today Broun (GA) Herger Palazzo Dold Markey Thompson (MS) Brown (FL) Higgins Pallone who have joined us in support of the Donnelly (IN) Matheson Tiberi Buchanan Himes Pascrell Duffy McCotter Tipton bill. I look forward to working with Bucshon Hinchey Pastor (AZ) Farenthold McDermott Towns them to continually improve how Buerkle Hinojosa Paulsen Fitzpatrick Meehan Vela´ zquez Burton (IN) Hirono Pelosi Forbes Miller (FL) Visclosky TANF helps low-income adults work Butterfield Hochul Perlmutter and also become self-sufficient in the Foxx Moore Woodall Calvert Holden Petri Gardner Mulvaney Yoder months ahead. Camp Holt Pingree (ME) Garrett Olver Young (AK) I yield back the balance of my time. Campbell Honda Pitts The SPEAKER pro tempore. The Canseco Hoyer Platts ANSWERED ‘‘PRESENT’’—2 Cantor Hultgren Polis Amash Owens question is on the motion offered by Capito Hurt Pompeo the gentleman from Minnesota (Mr. Capps Inslee Posey NOT VOTING—18 PAULSEN) that the House suspend the Carnahan Israel Price (GA) Carney Issa Price (NC) Ackerman Filner Johnson, E. B. rules and pass the bill, H.R. 3659, as Carson (IN) Jackson (IL) Quigley Andrews Giffords McGovern amended. Carter Jackson Lee Rangel Bachmann Gohmert Myrick The question was taken; and (two- Cassidy (TX) Rehberg Coble Granger Paul Chabot Jenkins Reichert Davis (KY) Guthrie Payne thirds being in the affirmative) the Diaz-Balart Gutierrez Pence rules were suspended and the bill, as Chaffetz Johnson (GA) Reyes Cicilline Johnson (IL) Richardson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE amended, was passed. Clarke (MI) Johnson, Sam Richmond A motion to reconsider was laid on Clarke (NY) Jones Rigell The SPEAKER pro tempore (during the table. Clay Jordan Rivera the vote). There are 2 minutes remain- Cleaver Kaptur Roby ing. f Cohen Keating Rogers (AL) Cole Kelly Rogers (KY) b 1408 ANNOUNCEMENT BY THE SPEAKER Connolly (VA) Kildee Rogers (MI) PRO TEMPORE Cooper Kind Rohrabacher Ms. BASS of California changed her The SPEAKER pro tempore. Pursu- Costello King (IA) Rokita vote from ‘‘yea’’ to ‘‘nay.’’ Courtney King (NY) Rooney Mr. RANGEL and Ms. KAPTUR ant to clause 8 of rule XX, proceedings Cravaack Kingston Ros-Lehtinen will resume on questions previously Crawford Kinzinger (IL) Roskam changed their vote from ‘‘nay’’ to postponed. Crenshaw Kissell Ross (AR) ‘‘yea.’’ Votes will be taken in the following Critz Kline Ross (FL) So the Journal was approved. Crowley Labrador Rothman (NJ) The result of the vote was announced order: approving the Journal, by the Cuellar Lamborn Roybal-Allard yeas and nays; H.R. 886, de novo; H.R. Culberson Landry Royce as above recorded. 2719, de novo; H.R. 443, de novo. Cummings Langevin Runyan Stated against: Davis (CA) Lankford Ruppersberger Mr. FILNER. Mr. Speaker, on rollcall 933, I The first electronic vote will be con- Davis (IL) Larsen (WA) Rush ducted as a 15-minute vote. Remaining DeGette Larson (CT) Ryan (WI) was away from the Capitol due to prior com- electronic votes will be conducted as 5- DeLauro LaTourette Scalise mitments to my constituents. Had I been minute votes. Denham Latta Schakowsky present, I would have voted ‘‘nay.’’ DesJarlais Levin Schiff f Deutch Lewis (CA) Schmidt f Dicks Lewis (GA) Schock ANNOUNCEMENT REGARDING THE JOURNAL Dingell Lipinski Schrader CLASSIFIED SCHEDULE OF AU- The SPEAKER pro tempore. The un- Doggett Loebsack Schwartz Doyle Lofgren, Zoe Schweikert THORIZATIONS AND CLASSIFIED finished business is the question on Dreier Long Scott (SC) ANNEX ACCOMPANYING INTEL- agreeing to the Speaker’s approval of Duncan (SC) Lowey Scott (VA) LIGENCE AUTHORIZATION BILL the Journal, on which the yeas and Duncan (TN) Lucas Scott, Austin FOR FY 2012 nays were ordered. Edwards Luetkemeyer Scott, David Ellison Luja´ n Sensenbrenner The question is on the Speaker’s ap- Ellmers Lummis Serrano (Mr. ROGERS of Michigan asked and proval of the Journal. Emerson Lungren, Daniel Sessions was given permission to address the The vote was taken by electronic de- Engel E. Sewell House for 1 minute.) vice, and there were—yeas 330, nays 83, Eshoo Mack Sherman Mr. ROGERS of Michigan. Mr. Farr Maloney Shimkus answered ‘‘present’’ 2, not voting 18, as Fattah Manzullo Shuler Speaker, I wish to announce to all follows: Fincher Marchant Shuster Members of the House that the Senate

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.068 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8991 has passed H.R. 1892, the Intelligence [Roll No. 934] Peters Rush Terry Authorization Act for Fiscal Year 2012, Peterson Ryan (OH) Thompson (CA) AYES—412 Petri Ryan (WI) Thompson (MS) with amendments, including amend- Pingree (ME) Sa´ nchez, Linda Thompson (PA) Adams Dent Johnson, Sam Pitts T. Thornberry ments to the classified Schedule of Au- Aderholt DesJarlais Jones Platts Sanchez, Loretta Tiberi thorizations and classified Annex. Akin Deutch Jordan Poe (TX) Sarbanes Tierney Alexander Dingell Kaptur It is my understanding the House Polis Scalise Tipton Altmire Doggett Keating will consider the Senate amendment to Pompeo Schakowsky Tonko the bill tomorrow by suspension of the Amodei Donnelly (IN) Kelly Posey Schiff Towns Austria Doyle Kildee rules. The Committee on Rules has Price (GA) Schilling Tsongas Baca Dreier Kind Price (NC) Schmidt Turner (NY) posted the legislative text of the Sen- Bachus Duffy King (NY) Quayle Schock Turner (OH) ate amendment online for review by all Baldwin Duncan (SC) Kingston Quigley Schrader Upton Members. Barletta Duncan (TN) Kinzinger (IL) Rahall Schwartz Van Hollen Barrow Mr. Speaker, in addition, the amend- Edwards Kissell Rangel Schweikert Vela´ zquez Bartlett Ellison Kline Reed Scott (SC) Visclosky ed classified Schedule of Authoriza- Barton (TX) Ellmers Kucinich Rehberg Scott (VA) Walberg tions and classified Annex accom- Bass (CA) Emerson Labrador Reichert Scott, Austin Walden panying the bill are available for re- Bass (NH) Engel Lamborn Renacci Scott, David Walsh (IL) Becerra Eshoo Lance view by all Members at the offices of Reyes Sensenbrenner Walz (MN) Benishek Farenthold Landry Ribble Serrano Wasserman the Permanent Select Committee on Berg Farr Langevin Richardson Sessions Schultz Intelligence in room HVC–304 of the Berkley Fattah Lankford Richmond Sewell Waters Berman Fincher Larsen (WA) Rigell Sherman Watt Capitol Visitors Center at any time. Biggert Fitzpatrick Larson (CT) The committee office will be open Rivera Shimkus Waxman Bilbray Flake Latham Roby Shuler Webster during regular business hours for the Bilirakis Fleischmann LaTourette Roe (TN) Shuster Welch convenience of any Member who wishes Bishop (GA) Fleming Latta Rogers (AL) Simpson West to review the classified material prior Bishop (NY) Flores Lee (CA) Rogers (KY) Sires Westmoreland Bishop (UT) Forbes Levin Rogers (MI) Slaughter Whitfield to its consideration in the House. I rec- Black Fortenberry Lewis (CA) Rohrabacher Smith (NE) Wilson (FL) ommend that Members wishing to re- Blackburn Foxx Lewis (GA) Rokita Smith (NJ) Wilson (SC) view the classified Annex contact the Blumenauer Frank (MA) Lipinski Rooney Smith (TX) Wittman Bonner Franks (AZ) LoBiondo committee’s director of security to ar- Ros-Lehtinen Smith (WA) Wolf Bono Mack Frelinghuysen Loebsack Roskam Southerland Womack range a time for that viewing. This will Boren Fudge Lofgren, Zoe Ross (AR) Speier Woodall assure the availability of committee Boswell Gallegly Long Ross (FL) Stark Woolsey staff to assist Members who desire any Boustany Garamendi Lowey Rothman (NJ) Stearns Yarmuth Brady (PA) Gardner Lucas Roybal-Allard Stivers Yoder assistance during their review of these Brady (TX) Garrett Luetkemeyer Royce Stutzman Young (AK) classified materials. Braley (IA) Gerlach Luja´ n Runyan Sullivan Young (FL) It is important that Members keep in Brooks Gibbs Lummis Ruppersberger Sutton Young (IN) Broun (GA) Gibson Lungren, Daniel mind the requirements of clause 13 of Brown (FL) Gingrey (GA) E. NOES—1 House rule XXIII, which only permits Buchanan Gohmert Lynch Amash access to classified information by Bucshon Gonzalez Mack those Members of the House who have Buerkle Goodlatte Maloney ANSWERED ‘‘PRESENT’’—1 Burgess Gosar Manzullo Mulvaney signed the oath and met the require- Burton (IN) Gowdy Marchant ments provided for in the rule. Butterfield Granger Marino NOT VOTING—19 Calvert Graves (GA) Markey Ackerman Dold McGovern f Camp Graves (MO) Matheson Andrews Filner Myrick Campbell Green, Al Matsui UNITED STATES MARSHALS SERV- Bachmann Giffords Paul Canseco Green, Gene McCarthy (CA) Coble Guthrie ICE 225TH ANNIVERSARY COM- Cantor Griffin (AR) McCarthy (NY) Payne Davis (KY) Gutierrez Pence MEMORATIVE COIN ACT Capito Griffith (VA) McCaul Diaz-Balart Johnson, E. B. Capps Grijalva McClintock Dicks King (IA) The SPEAKER pro tempore. Without Capuano Grimm McCollum objection, 5-minute voting will con- Cardoza Guinta McCotter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tinue. Carnahan Hahn McDermott The SPEAKER pro tempore (during There was no objection. Carney Hall McHenry the vote). There is 1 minute remaining. The SPEAKER pro tempore. The un- Carson (IN) Hanabusa McIntyre Carter Hanna McKeon b 1419 finished business is the question on Cassidy Harper McKinley suspending the rules and passing the Castor (FL) Harris McMorris So (two-thirds being in the affirma- bill (H.R. 886) to require the Secretary Chabot Hartzler Rodgers tive) the rules were suspended and the Chaffetz Hastings (FL) McNerney of the Treasury to mint coins in com- Chandler Hastings (WA) Meehan bill, as amended, was passed. memoration of the 225th anniversary of Chu Hayworth Meeks The result of the vote was announced the establishment of the Nation’s first Cicilline Heck Mica as above recorded. Federal law enforcement agency, the Clarke (MI) Heinrich Michaud A motion to reconsider was laid on Clarke (NY) Hensarling Miller (FL) United States Marshals Service, as Clay Herger Miller (MI) the table. amended. Cleaver Herrera Beutler Miller (NC) Stated for: The Clerk read the title of the bill. Clyburn Higgins Miller, Gary Mr. FILNER. Mr. Speaker, on rollcall 934, I The SPEAKER pro tempore. The Coffman (CO) Himes Miller, George was away from the Capitol due to prior com- Cohen Hinchey Moore question is on the motion offered by Cole Hinojosa Moran mitments to my constituents. Had I been the gentleman from North Carolina Conaway Hirono Murphy (CT) present, I would have voted ‘‘aye.’’ (Mr. JONES) that the House suspend the Connolly (VA) Hochul Murphy (PA) Mr. DOLD. Mr. Speaker, on rollcall No. 934, rules and pass the bill, as amended. Conyers Holden Nadler I was unavoidably detained. Had I been Cooper Holt Napolitano The question was taken. Costa Honda Neal present, I would have voted ‘‘aye.’’ The SPEAKER pro tempore. In the Costello Hoyer Neugebauer f opinion of the Chair, two-thirds being Courtney Huelskamp Noem RATTLESNAKE MOUNTAIN PUBLIC in the affirmative, the ayes have it. Cravaack Huizenga (MI) Nugent Crawford Hultgren Nunes ACCESS ACT OF 2011 RECORDED VOTE Crenshaw Hunter Nunnelee Mr. WOMACK. Mr. Speaker, I de- Critz Hurt Olson The SPEAKER pro tempore. The un- mand a recorded vote. Crowley Inslee Olver finished business is the question on A recorded vote was ordered. Cuellar Israel Owens suspending the rules and passing the Culberson Issa Palazzo The SPEAKER pro tempore. This Cummings Jackson (IL) Pallone bill (H.R. 2719) to ensure public access will be a 5-minute vote. Davis (CA) Jackson Lee Pascrell to the summit of Rattlesnake Moun- The vote was taken by electronic de- Davis (IL) (TX) Pastor (AZ) tain in the Hanford Reach National vice, and there were—ayes 412, noes 1, DeFazio Jenkins Paulsen Monument for educational, rec- DeGette Johnson (GA) Pearce answered ‘‘present’’ 1, not voting 19, as DeLauro Johnson (IL) Pelosi reational, historical, scientific, cul- follows: Denham Johnson (OH) Perlmutter tural, and other purposes.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.047 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8992 CONGRESSIONAL RECORD — HOUSE December 15, 2011 The Clerk read the title of the bill. Langevin Owens Scott, Austin mitments to my constituents. Had I been Lankford Palazzo Scott, David The SPEAKER pro tempore. The Larsen (WA) Pallone Sensenbrenner present, I would have voted ‘‘aye.’’ question is on the motion offered by Larson (CT) Pascrell Serrano f the gentleman from Washington (Mr. Latham Pastor (AZ) Sessions HASTINGS) that the House suspend the LaTourette Paulsen Sewell Latta Pearce MANIILAQ ASSOCIATION rules and pass the bill. Sherman Lee (CA) Pelosi Shimkus PROPERTY CONVEYANCE Levin Perlmutter The question was taken. Shuler The SPEAKER pro tempore. The un- The SPEAKER pro tempore. In the Lewis (CA) Peters Shuster Lewis (GA) Peterson Simpson finished business is the question on opinion of the Chair, two-thirds being Lipinski Petri Sires suspending the rules and passing the LoBiondo Pingree (ME) in the affirmative, the ayes have it. Slaughter Loebsack Pitts bill (H.R. 443) to provide for the con- Smith (NE) RECORDED VOTE Lofgren, Zoe Platts veyance of certain property from the Smith (NJ) Mr. HASTINGS of Washington. Mr. Long Poe (TX) Smith (TX) United States to the Maniilaq Associa- Speaker, I demand a recorded vote. Lowey Polis tion located in Kotzebue, Alaska, as Lucas Pompeo Smith (WA) A recorded vote was ordered. Luetkemeyer Posey Southerland amended. The SPEAKER pro tempore. This is a Luja´ n Price (GA) Speier The Clerk read the title of the bill. Stark 5-minute vote. Lummis Price (NC) The SPEAKER pro tempore. The Lungren, Daniel Quayle Stearns The vote was taken by electronic de- E. Quigley Stivers question is on the motion offered by vice, and there were—ayes 416, not vot- Lynch Rahall Stutzman the gentleman from Washington (Mr. ing 17, as follows: Mack Rangel Sullivan HASTINGS) that the House suspend the Maloney Reed Sutton rules and pass the bill, as amended. [Roll No. 935] Manzullo Rehberg Terry The question was taken. AYES—416 Marchant Reichert Thompson (CA) Marino Renacci Thompson (MS) The SPEAKER pro tempore. In the Adams Cleaver Gosar Markey Reyes Thompson (PA) opinion of the Chair, two-thirds being Aderholt Clyburn Gowdy Matheson Ribble Thornberry Akin Coffman (CO) Granger Matsui Richardson Tiberi in the affirmative, the ayes have it. Alexander Cohen Graves (GA) McCarthy (CA) Richmond Tierney RECORDED VOTE Altmire Cole Graves (MO) McCarthy (NY) Rigell Tipton Mr. HASTINGS of Washington. Mr. Amash Conaway Green, Al McCaul Rivera Tonko Amodei Connolly (VA) Green, Gene McClintock Roby Towns Speaker, I demand a recorded vote. Austria Conyers Griffin (AR) McCollum Roe (TN) Tsongas A recorded vote was ordered. Baca Cooper Griffith (VA) McCotter Rogers (AL) Turner (NY) Bachus Costa Grijalva The SPEAKER pro tempore. This is a McDermott Rogers (KY) Turner (OH) Baldwin Costello Grimm 5-minute vote. McHenry Rogers (MI) Upton Barletta Courtney Guinta McIntyre Rohrabacher Van Hollen The vote was taken by electronic de- Barrow Cravaack Hahn McKeon Rokita Vela´ zquez vice, and there were—ayes 407, noes 4, Bartlett Crawford Hall McKinley Rooney Visclosky not voting 22, as follows: Barton (TX) Crenshaw Hanabusa McMorris Ros-Lehtinen Bass (CA) Critz Hanna Walberg [Roll No. 936] Rodgers Roskam Walden Bass (NH) Cuellar Harper McNerney Ross (AR) Becerra Culberson Harris Walsh (IL) AYES—407 Meehan Ross (FL) Walz (MN) Benishek Cummings Hartzler Meeks Rothman (NJ) Adams Capps Duffy Wasserman Berg Davis (CA) Hastings (FL) Mica Roybal-Allard Aderholt Capuano Duncan (SC) Schultz Berkley Davis (IL) Hastings (WA) Michaud Royce Akin Cardoza Duncan (TN) Waters Berman DeFazio Hayworth Miller (FL) Runyan Alexander Carnahan Edwards Watt Biggert DeGette Heck Miller (MI) Ruppersberger Altmire Carney Ellison Waxman Bilbray DeLauro Heinrich Miller (NC) Rush Amodei Carson (IN) Ellmers Webster Bilirakis Denham Hensarling Miller, Gary Ryan (OH) Austria Carter Emerson Bishop (GA) Dent Herger Miller, George Ryan (WI) Welch Baca Cassidy Engel Bishop (NY) DesJarlais Herrera Beutler Moore Sa´ nchez, Linda West Bachus Castor (FL) Eshoo Bishop (UT) Deutch Higgins Moran T. Westmoreland Baldwin Chabot Farenthold Black Dicks Himes Mulvaney Sanchez, Loretta Whitfield Barletta Chaffetz Farr Blackburn Dingell Hinchey Murphy (CT) Sarbanes Wilson (FL) Barrow Chandler Fattah Blumenauer Doggett Hinojosa Murphy (PA) Scalise Wilson (SC) Bartlett Chu Fincher Bonner Dold Hirono Nadler Schakowsky Wittman Barton (TX) Cicilline Fitzpatrick Bono Mack Donnelly (IN) Hochul Napolitano Schiff Wolf Bass (CA) Clarke (MI) Flake Boren Doyle Holden Neal Schilling Womack Bass (NH) Clarke (NY) Fleischmann Boswell Dreier Holt Neugebauer Schmidt Woodall Becerra Clay Fleming Boustany Duffy Honda Noem Schock Woolsey Benishek Cleaver Flores Brady (PA) Duncan (SC) Hoyer Nugent Schrader Yarmuth Berg Clyburn Forbes Brady (TX) Duncan (TN) Huelskamp Nunes Schwartz Yoder Berkley Coffman (CO) Fortenberry Braley (IA) Edwards Huizenga (MI) Nunnelee Schweikert Young (AK) Berman Cohen Foxx Brooks Ellison Hultgren Olson Scott (SC) Young (FL) Biggert Cole Frank (MA) Broun (GA) Ellmers Hunter Olver Scott (VA) Young (IN) Bilbray Conaway Frelinghuysen Brown (FL) Emerson Hurt Bilirakis Connolly (VA) Fudge Buchanan Engel Inslee NOT VOTING—17 Bishop (GA) Conyers Gallegly Bucshon Eshoo Israel Ackerman Diaz-Balart McGovern Bishop (NY) Cooper Garamendi Buerkle Farenthold Issa Bishop (UT) Costa Gardner Andrews Filner Myrick Burgess Farr Jackson (IL) Black Costello Garrett Bachmann Giffords Paul Burton (IN) Fattah Jackson Lee Coble Guthrie Blackburn Courtney Gerlach Butterfield Fincher (TX) Payne Blumenauer Cravaack Gibbs Crowley Gutierrez Pence Calvert Fitzpatrick Jenkins Davis (KY) Johnson, E. B. Bonner Crawford Gibson Camp Flake Johnson (GA) Bono Mack Crenshaw Gingrey (GA) Campbell Fleischmann Johnson (IL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boren Critz Gohmert Canseco Fleming Johnson (OH) Boswell Crowley Gonzalez Cantor Flores Johnson, Sam The SPEAKER pro tempore (during Boustany Cuellar Goodlatte Capito Forbes Jones the vote). There are 2 minutes remain- Brady (PA) Culberson Gosar Capps Fortenberry Jordan ing. Brady (TX) Cummings Gowdy Capuano Foxx Kaptur Braley (IA) Davis (CA) Granger Cardoza Frank (MA) Keating Brooks Davis (IL) Graves (GA) Carnahan Franks (AZ) Kelly b 1427 Broun (GA) DeFazio Graves (MO) Carney Frelinghuysen Kildee So (two-thirds being in the affirma- Brown (FL) DeGette Green, Al Carson (IN) Fudge Kind Buchanan DeLauro Green, Gene Carter Gallegly King (IA) tive) the rules were suspended and the Bucshon Denham Griffin (AR) Cassidy Garamendi King (NY) bill was passed. Buerkle Dent Griffith (VA) Castor (FL) Gardner Kingston The result of the vote was announced Burgess DesJarlais Grijalva Chabot Garrett Kinzinger (IL) Burton (IN) Deutch Grimm Chaffetz Gerlach Kissell as above recorded. Butterfield Dicks Guinta Chandler Gibbs Kline A motion to reconsider was laid on Calvert Dingell Hahn Chu Gibson Kucinich the table. Camp Doggett Hall Cicilline Gingrey (GA) Labrador Stated for: Campbell Dold Hanabusa Clarke (MI) Gohmert Lamborn Canseco Donnelly (IN) Hanna Clarke (NY) Gonzalez Lance Mr. FILNER. Mr. Speaker, on rollcall 935, I Cantor Doyle Harper Clay Goodlatte Landry was away from the Capitol due to prior com- Capito Dreier Harris

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.050 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8993 Hartzler McClintock Ryan (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE weapons. Let me be clear here. Con- Hastings (FL) McCollum Ryan (WI) The SPEAKER pro tempore (during tainment is not an option. Prevention Hastings (WA) McCotter Sa´ nchez, Linda Hayworth McDermott T. the vote). There are 2 minutes remain- is the best option. Heck McHenry Sanchez, Loretta ing. This week, Congress passed addi- Heinrich McIntyre Sarbanes tional sanctions measures. It is imper- Hensarling McKeon b 1434 Scalise ative that the administration use all of Herger McKinley Schakowsky So (two-thirds being in the affirma- Herrera Beutler McMorris Schiff the tools at our disposal to keep pres- Higgins Rodgers Schilling tive) the rules were suspended and the sure on the Iranian regime. We need to Himes McNerney Schmidt bill, as amended, was passed. make it clear to the Iranians and oth- Hinchey Meehan Schock The result of the vote was announced Hinojosa Meeks ers around the globe that when we say Schrader as above recorded. Hirono Mica Schwartz it is unacceptable for Iran to develop a Hochul Michaud Schweikert A motion to reconsider was laid on nuclear weapon, we mean it. We must Holden Miller (FL) Scott (SC) the table. Holt Miller (MI) make clear that when we say that all Scott (VA) Honda Miller, Gary Stated for: options are on the table, we mean it. Scott, Austin Hoyer Miller, George Mr. FILNER. Mr. Speaker, on rollcall 936, I Scott, David We should not be sending signals that Huizenga (MI) Moore Sensenbrenner was away from the Capitol due to prior com- suggest otherwise. Hultgren Moran Sessions Hunter Murphy (CT) mitments to my constituents. Had I been Our commitment to prevention is Hurt Murphy (PA) Sewell present, I would have voted ‘‘aye.’’ critical. There should be no misunder- Inslee Nadler Sherman Shimkus f standing, no ambiguity about the Israel Napolitano United States’ resolve to prevent Iran Issa Neal Shuler CHILDREN’S ASSESSMENT CENTER Jackson (IL) Neugebauer Shuster from obtaining a nuclear weapon. Simpson (Mr. POE of Texas asked and was Jackson Lee Noem f (TX) Nugent Sires given permission to address the House Jenkins Nunes Slaughter for 1 minute.) IN MEMORY OF KATHERINE Johnson (GA) Nunnelee Smith (NE) ANDERSON Johnson (IL) Olson Smith (NJ) Mr. POE of Texas. Mr. Speaker, while Johnson (OH) Olver Smith (TX) walking home from school, an innocent (Mr. CARNAHAN asked and was Johnson, Sam Owens Smith (WA) 7-year-old girl was abducted and as- given permission to address the House Jones Palazzo Southerland Jordan Pallone Speier saulted. Thankfully, the girl was for 1 minute and to revise and extend Kaptur Pascrell Stark found; but because of the trauma she his remarks.) Keating Pastor (AZ) Stearns experienced, she was not able to tell Mr. CARNAHAN. Mr. Speaker, I rise Kelly Paulsen Stivers the police what happened to her. today to honor the memory of a re- Kildee Pearce Stutzman Kind Pelosi Sullivan With the help of the Children’s As- markable St. Louis businesswoman and King (IA) Perlmutter Sutton sessment Center, the expertise they friend, Katherine Anderson. Katherine King (NY) Peters Terry had at the center and their child-cen- was the CEO of Andy’s Seasonings, a Kingston Peterson Thompson (CA) tered approach, she was able to disclose small St. Louis family business that Kinzinger (IL) Petri Thompson (MS) Kissell Pingree (ME) Thompson (PA) her experience, and the perpetrator was grew to be a nationwide success. Kline Pitts Thornberry caught, arrested, and sent to jail. Katherine and her husband started Kucinich Platts Tiberi The Children’s Assessment Center in the business in 1981 in the heart of St. Labrador Poe (TX) Tierney Lamborn Polis my hometown of Houston, Texas, has Louis; and after her husband’s death in Tipton 1996, she left her job in the city govern- Lance Pompeo Tonko served over 50,000 children since 2000 Langevin Price (GA) Towns under the leadership of the executive ment to focus her full-time efforts on Lankford Price (NC) Tsongas growing the company. Larsen (WA) Quayle director, Elaine Stolte. Turner (NY) Latham Quigley Children’s Advocacy Centers, like the She embodied all of the characteris- Turner (OH) LaTourette Rahall tics of a successful business owner. Her Upton one in Houston, provide a place for the Latta Rangel Van Hollen evaluation and treatment of abused dedication, perseverance, and hard Lee (CA) Reed ´ Levin Rehberg Velazquez children in a safe and friendly environ- work paid off. Andy’s Seasonings em- Lewis (CA) Reichert Visclosky ment housing experts in various fields ploys over 40 St. Louisians, and its 11 Lewis (GA) Renacci Walberg products are seen in restaurants Walden so the young victims are not retrauma- Lipinski Reyes around the country. LoBiondo Ribble Walsh (IL) tized by the system. Loebsack Richardson Walz (MN) As a former prosecutor and judge, I It’s small businesses like these that Lofgren, Zoe Richmond Wasserman have seen firsthand the damage caused allow a region to compete and flourish. Long Rigell Schultz It’s special people like Katherine An- Waters by sexual assault on children. I com- Lowey Rivera derson that have truly made a mark on Lucas Roby Watt mend the Children’s Assessment Center Luetkemeyer Roe (TN) Waxman in Houston and the Children’s Advo- St. Louis and beyond. She will be Luja´ n Rogers (AL) Webster cacy Centers throughout the country greatly missed; but through her sons Lummis Rogers (KY) Welch Lawrence, Michael, and Roy, the rest Lungren, Daniel Rogers (MI) West for their work in healing children and E. Rohrabacher Westmoreland their families. of her family, her inspiration and influ- Lynch Rokita Whitfield And that’s just the way it is. ence and legacy will live on. Wilson (FL) Mack Rooney f Maloney Ros-Lehtinen Wilson (SC) f Manzullo Roskam Wittman THREAT OF A NUCLEAR-ARMED b 1440 Marchant Ross (AR) Wolf Marino Ross (FL) Womack IRAN WELCOME HOME, TROOPS Markey Rothman (NJ) Woolsey (Mr. ISRAEL asked and was given Matheson Roybal-Allard Yarmuth (Ms. SCHAKOWSKY asked and was Matsui Royce Yoder permission to address the House for 1 given permission to address the House McCarthy (CA) Runyan Young (AK) minute.) for 1 minute.) McCarthy (NY) Ruppersberger Young (FL) Mr. ISRAEL. Mr. Speaker, I rise Ms. SCHAKOWSKY. As of today, the McCaul Rush Young (IN) today to address the most critical glob- war in Iraq is over. NOES—4 al challenge that we face, and that is This is a monumental day on which Amash Mulvaney the threat of a nuclear-armed Iran. A we must celebrate the service and sac- Huelskamp Woodall nuclear-armed Iran is not only an exis- rifice of the 1.5 million young men and tential threat to our closest ally, the women in uniform who served there NOT VOTING—22 State of Israel; but it also poses grave and of the nearly 4,500 Americans who Ackerman Giffords Myrick danger to our own Nation and allies died there along with tens of thousands Andrews Guthrie Paul Bachmann Gutierrez Payne around the globe. of Iraqis. We welcome our heroes home, Coble Johnson, E. B. Pence The U.S. must use all available op- and we pledge to honor their service Davis (KY) Landry Posey tions to show the world that we have a with the care and benefits they de- Diaz-Balart Larson (CT) Serrano Filner McGovern clear, concise, and muscular policy to serve. For them I wear this yellow rib- Franks (AZ) Miller (NC) prevent Iran from obtaining nuclear bon.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.012 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8994 CONGRESSIONAL RECORD — HOUSE December 15, 2011 I also congratulate and thank the Bill of Rights Day, which is today, De- This is a good deal because, number thousands of activists who worked tire- cember 15, 2011. one, Canada is an ally. We are import- lessly for nearly a decade to bring our The Bill of Rights was created to en- ing quite a bit of oil right now from troops home. sure a level of limited government. A Venezuela, which has a government I thank the Illinois State senator, ‘‘parchment barrier’’ was the way dictator, Mr. Chavez, who is somewhat who, on October 2, 2002, stood before a many of our Founding Fathers de- hostile to the United States. We are crowd in Chicago and said, ‘‘I don’t op- scribed documents such as the Con- importing oil from the Middle East. pose all wars . . . I oppose a rash war,’’ stitution and its first 10 amendments— While we have allies in the Middle a war, he said, which ‘‘distracts us the Bill of Rights. East, that is an unstable region in from a rise in the uninsured, a rise in Our Founders viewed them as an es- terms of its political stability. So, if the poverty rate, a drop in the median sential guarantee on our freedoms. we could get more energy from North income.’’ That State senator was These documents would serve as a bar- America, from Canada, that would be a Barack Obama 9 years ago. Later, as a rier to an oppressive government, pre- good thing for us. candidate for President, he promised to venting such forces from overpowering In the construction phase, this pipe- end the war in Iraq—a promise fulfilled its citizenry. Our Founders also knew line will create—the gentleman from today. that such documents weren’t worth the Nebraska would know the exact num- Welcome home, troops. And thank parchment they were written on unless ber—somewhere between 20,000 and you, Mr. President. a diligent citizenry knew of their dis- 30,000 jobs, I believe. Once in produc- f tinct worth. For the protections of- tion, with all of the spinoffs, we think fered under the Bill of Rights to en- NORTH CAROLINA MEDICAID up to 100,000 jobs would be created here dure, they knew that all citizens must in the United States. It would make us BOONDOGGLE SHOWS NEED FOR understand their content and impor- MORE ACCOUNTABILITY more secure. tance. When you just look at the facts of it, (Ms. FOXX asked and was given per- That’s why today we celebrate Bill of you have to ponder why anybody would mission to address the House for 1 Rights Day—for each of us to better be opposed to it. minute.) understand our Bill of Rights and to I am puzzled as to why some of my Ms. FOXX. Mr. Speaker, this week I know that, without them, liberty can- friends on the Democratic side of the learned of a recent audit of North Caro- not prosper. aisle are opposed to it. The State De- lina’s Medicaid billing system. Nor- f partment, under the leadership of Hil- mally, I don’t bring up State issues lary Clinton, endorsed the pipeline. like this before the House, but it turns ENERGY SECURITY, AMERICAN They did an impact statement that out that this isn’t just a State issue. JOBS, AND THE KEYSTONE XL said it was positive. At one point in North Carolina is currently upgrad- PIPELINE time, it looked like it was going to get ing its Medicaid billing system and The SPEAKER pro tempore (Mr. approval and move through. The envi- agreed to pay a contractor $265 million DUFFY). Under the Speaker’s an- ronmental groups came to Washington to make the upgrades. But surprise, nounced policy of January 5, 2011, the last fall. They surrounded the White surprise, the upgrade will end up cost- gentleman from Nebraska (Mr. TERRY) House, and protested against President ing $495 million—nearly twice as much. is recognized for 60 minutes as the des- Obama. Unfortunately, in my opinion, Who cares? That’s a problem for ignee of the majority leader. North Carolina taxpayers; right? Not Mr. TERRY. Thank you, Mr. Speak- the President decided to delay a deci- so fast. er. sion until after the election, which is It turns out that the Federal Govern- Today, we are going to discuss en- why we’re here today. ment is expected to pick up 90 percent ergy security, American jobs, and the In what we call the ‘‘jobs bill’’ that of the tab for this new system. That Keystone XL pipeline. passed the House 2 days ago, there is a means all taxpayers, including North At this time I yield such time as he provision in it that requires a decision Carolina taxpayers, will be shelling out may consume to the chairman emer- to be made on Keystone within 60 days, an extra $200 million to cover for the itus of the Energy and Commerce Com- I believe, of the enactment of the bill if North Carolina Department of Health mittee, Mr. JOE BARTON of Texas. the President signs it. The President and Human Services’ incompetence and (Mr. BARTON of Texas asked and has said he would veto that bill, which inability to keep a lid on costs. Making was given permission to revise and ex- shows that, while he said back in the matters worse, this department went tend his remarks.) fall that he wanted to delay a decision, so far as to give itself an ‘‘A’’ grade for Mr. BARTON of Texas. I thank the apparently he opposes it. So he opposes managing the upgrade program. distinguished gentleman from Ne- jobs. He also opposes energy security Mr. Speaker, I doubt taxpayers will braska. for the United States, which is an odd give the folks at the North Carolina Mr. Speaker, we are here today to platform, in my opinion, to run on in a Department of Health and Human discuss a project that is of utmost im- Presidential election campaign—but Services an ‘‘A’’ for flushing $200 mil- portance to the American people. As it’s a free country, and if the President lion of their money down the toilet. the gentleman from Nebraska just wants to go down that trail, he has the This is a classic example of how gov- mentioned, it’s called the Keystone XL right to do that. ernment bureaucracies view Federal pipeline. It is a proposal to extend an So I believe that Keystone is a good taxpayer dollars—as manna from heav- existing pipeline that starts in Canada, idea. In my congressional district down en. This money is not manna from comes down through the Midwestern in Texas, there are numerous pipelines. heaven. It is taken directly out of the parts of the United States, into Okla- There are oil pipelines, natural gas pockets of hardworking taxpayers from homa. The proposal is to extend that pipelines, gasoline refined product across the Nation. When taxpayers pipeline to the gulf coast of Texas and pipelines, water pipelines. We have hear stories like this, they wonder why Louisiana. never had any major problems with they even pay taxes in the first place. Why is this important to every any of those pipelines from an environ- It’s no wonder they give Big Govern- American? mental standpoint. The Keystone pipe- ment a failing grade. Quite simply because we use lots of line would be built using the absolute energy in America and because we do latest in technology and with the lat- f not produce as much as we use, so we est in safety, in inspections, in mainte- IN CELEBRATION OF BILL OF have to import some of the energy. A nance. I just cannot imagine why we RIGHTS DAY lot of the energy we use comes from would oppose it. (Mr. THOMPSON of Pennsylvania oil; and the Keystone XL pipeline, if So I am in strong support of it, and I asked and was given permission to ad- built, would bring crude oil that starts want to thank Mr. TERRY for his lead- dress the House for 1 minute and to re- up in Canada, down through the Mid- ership on this issue. He has introduced vise and extend his remarks.) west, to the gulf coast where we have bills. He has worked tirelessly in com- Mr. THOMPSON of Pennsylvania. I about 50 percent of the United States’ mittee. He has worked tirelessly on the rise today to recognize and celebrate refining capacity. floor here. As I said, I hope that we get

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.055 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8995 this done, but I am in very strong sup- major refinery area in this country so If you look at the pipeline map of the port. I want to thank him for his lead- that it can be refined into products State of Texas and Louisiana, it looks ership, and I also want to thank Con- that we use every day, products that like a spider web of pipelines. You gressman CARTER for his leadership. we depend on every day. never hear of major pipeline disasters He’s here today, and he has worked An estimated 100,000 jobs will be cre- in our States. Pipelines are the safest very diligently on the Keystone pipe- ated by this pipeline. And you know, and most economical way of trans- line, too. I’m not even sure they know how to es- porting petroleum and other products. timate pipeline jobs because there is so b 1450 With unemployment just recently much more that the American public dropping below 9 percent for the first Mr. TERRY. Thank you, Mr. BARTON. wouldn’t understand about the con- time in a long time—not much below, At this time I would like to yield struction of a pipeline. There are going and we will probably go back above 9 such time as he may consume to the to be roads built. There are going to be percent as soon as the temporary holi- other gentleman from Texas, Judge fences built. Things that you never day employment is over—when we are CARTER. would even relate to the pipeline busi- sitting here with above 9 percent un- Mr. CARTER. I thank the gentleman ness are required to get the labor and employment, why in the world from Nebraska for yielding and for all the materials to the various locations wouldn’t we want to join with our of your hard work on this issue. on the construction of this pipeline. So neighbors, our friends and those people This is an issue that is important to every State this passes through in this who have been our friends forever, the country is going to be a State where the United States of America. It’s just Canadians, take the resource that they they are going to benefit from good- that simple—that you don’t have this are properly capturing in their part of paying jobs. kind of an opportunity in the economic the world and are willing to share with environment that we have in this coun- These people that argue these are temporary jobs—this is a 2-year us down here, to refine the products try very often. We have a country that and build this pipeline and build pros- has seen the worst unemployment, project, and these are the kinds of jobs that American folks, they pray for. perity right down the middle of the rampant unemployment and has had country. Where’s the downside? the most number of quarters with bad These are the ones that the unem- ployed people of this country are on Mr. Speaker, I join my friend LEE unemployment figures since the Great TERRY of Nebraska in supporting the Depression. And here we have our Ca- their knees every night asking to come to their town so they can have a good- Keystone XL pipeline. It is a plus for nadian neighbors to the north with this America, and more importantly, it’s a Keystone XL pipeline that is proposed paying job, a job that will support their family. And out of these con- plus for the working men and women of to stretch 1,700 miles, cost $7 billion to this country. And it’s another step to- construct over a 2-year period, and cre- struction projects can come other things that are related to the mainte- wards energy independence in North ate 100,000 or more jobs for America. America. And this is paid for. This is other peo- nance of the pipeline. This is a plus-plus-plus opportunity With that, I thank my friend LEE ple’s money. We’re not asking the Fed- TERRY for allowing me to participate eral Government to spend more stim- for American workers. Here we are at a time when the number one issue in the in this discussion. ulus money on this energy project, as Mr. TERRY. I thank the gentleman it did on the famous Solyndra project United States is putting Americans back to work. We have all this periph- from Texas. I do appreciate your in- in California. We’re asking it just to eral stuff. But it all comes back to that sight and your support. approve this pipeline. we don’t get our country back on track Let me take this opportunity—we’ve Now the reason I’m here to talk is until we put Americans back to work. had two speakers already that have because starting at age 16 until I grad- And quite honestly, the attempts we’ve talked in support of the Keystone pipe- uated from law school, every summer made in the past have not been very line. Now let me give kind of a tutorial of my life, I worked on pipelines. I was successful. This is a guaranteed suc- of what we’re talking about. It is a not the engineer. I was the guy with cessful job-creating project. We have 1,700-mile pipeline from the oil sands of the shovel. I dug the ditches, and I cut track records to prove it. You can look Alberta coming down through Mon- the grass and operated the survey crew, back on the history of pipelines, and tana, South Dakota, Nebraska, Kansas, and I gauged the gauges. And I did all these construction programs have al- and as our two previous speakers said, of the various things that need to get ways been part of prosperity wherever then down into southeast Texas and done. I have done them in the State of they go. Louisiana, where most of the refineries Texas, in the State of Louisiana, and I Now this is not a labor versus man- are. It will break off at different points was actually on a pipeline that agement issue. Five major labor unions in Kansas and then also to the east, to stretched from northern Holland to have endorsed this project and have other refineries. But there are very few Belgium in Europe. I worked there one signed project labor agreements with refineries in the Midwest. So most of summer. So I personally know the the TransCanada Corporation. Over the refineries will then refine this into pipeline business from the bottom end. 20,000 construction jobs will directly be a variety of fuels—mostly for our auto- These are great jobs. Even the guy that created to install the line. On top of mobiles, and then diesel and aviation wields the shovel has a great job, a that labor required to put this in the fuel as well. It will produce 700,000 bar- great-paying job. That’s why I did ground, tens of thousands of more jobs rels per day once it’s built. these jobs, to help pay my way through will be created as refineries expand What does that mean to us by way of school. I found them to be very profes- both in Texas and in Louisiana to re- energy security? Well, first of all, we sional organizations, and I worked for fine this. And out of the whole project, import on a daily basis almost 900,000 five different companies. So I am the estimate is clear that it is going to barrels of oil per day from Venezuela. known as, as they say, an old pipeliner. be 100,000 jobs or more. So this one pipeline, starting in Can- This project is a no-brainer. We cre- Now where’s the downside? Environ- ada, ending in Texas, would nearly off- ated an Energy Department in this mental issues are being raised. And in set 100 percent of what we import to country during the Carter administra- talks about going through the great this country from Venezuela. Our reli- tion, I believe—and I could be cor- State of Nebraska—Mr. TERRY’s ance on OPEC oil—our major OPEC ex- rected on that. Its purpose was to wean State—some people are opposing it for porter to us is Saudi Arabia, where us off of Middle Eastern oil. Now our environmental reasons. But if you they export around 1.2 million barrels neighbors, our first cousins up in Can- pulled out a map of the pipelines going per day. Now when this is fully built ada, have found oil up there. They east and west in this country, I haven’t and the oil sands are really humming, want to have us do the refining process counted them, but I would say almost they think they can get up to 1.1 mil- for them. They have laid their part of half of them pass through the State of lion per day through this pipeline. the pipeline and the infrastructure in Nebraska. They’ve been there for the north. And they’re major partici- years, and they have never been an en- b 1500 pants in this pipeline coming south, to vironmental problem to the State of That then would nearly offset what bring this crude down to the southern Nebraska. we have to buy from Saudi Arabia. We

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.056 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8996 CONGRESSIONAL RECORD — HOUSE December 15, 2011 use about 19 million barrels per day in into the pipelines. They have an order nently in that area. That is unique to the United States. We produce domesti- from TransCanadian pipeline for this any pipeline in the United States. cally within the United States about project. Because this has been stalled The unwritten standard of the indus- 81⁄2, flirting with 9 now with the out and they don’t need to fill an order try is if there is a decrease in pressure, Bakken finds in North Dakota. So if we because there is no order to fill yet, they get there within 4 to 5 hours. This can import from just miles over the Ca- they have laid off 500 people. They are pipeline has not only moved the pump nadian border, we go a long way to projecting that unless this gets start- stations closer so they can read it ear- making us more secure. ed, they will have to lay off more peo- lier in time if there’s a drop in pres- Now, on a different hour we can ple, and it will probably be within the sure, i.e. a leak, but they will have maybe talk about other resources we next week that they will lay off a few somebody close enough that they could can use in transportation fuels so we hundred more people. Think of that, be there within 1 hour. That’s five can be 100 percent secure, not relying being laid off—laid off your job on the times better than the national unwrit- on foreign countries, especially like eve of Christmas. ten standard. Venezuela. So these folks that say there’s no b 1510 But when we talk about what is on jobs created, tell that to the 500, and So the fact that this will cause envi- the minds of most Americans, and maybe the 800 total, that are laid off ronmental harm is just wrong, other that’s jobs, yes, the unemployment just at one pipeline-making facility in than the fact that it’s an oil and it’s rate has finally dipped below 9 percent. Arkansas that their jobs are worthless; going to be refined and there will be Of course, you have to put an asterisk so we don’t care if they are laid off. carbon emissions from that. But the because 300,000 of that in the last That’s the message that I hear from point I want to make is the refineries month were just people who were those that are opposing this pipeline, in the United States are state of the chronically unemployed and have given because it is providing hydrocarbons, art in pollution technologies. Our re- up and are no longer counted. So the and they just want to flip the switch. fineries in the United States, in refin- Now, let’s talk about this pipeline. I reality we saw in a recent poll, I think ing oil to our fuel, emits far less carbon want to rebut some of the arguments it may have been Gallup, said that the in that process than any other refin- real unemployment rate is somewhere that I’ve heard lately about it. eries around the world. So I would ask Number one is that we are rushing it. around 11 percent. the environmentalists that are oppos- They want to see Congress do some- We are rushing this pipeline. Well, ing this that if they send the oil over thing to create jobs. They want to see number one, this pipeline application to China, why wouldn’t you want it re- was filed 3 years, 3 months ago. The av- us stop bickering about things, prob- fined where it’s going to emit the least erage time it takes to permit a pipe- ably like Keystone pipeline that amount of carbon in the manufacturing line—transcontinental, coming over seemed to be for many people a no- process? brainer, energy security and American our border—has been around 18 months. Now, because of the long delay, I in- jobs. So we’re double the time. More than troduced a bill in the springtime to set So let’s talk about the jobs. Obvi- double the time that it usually takes. a deadline of November 1. The environ- ously, in a 1,700-mile pipeline, you will Why? Well, because of the environ- mental studies had already been done. need a lot of labor to build that, espe- mentalists. The far left of the environ- The supplemental environmental study cially within the 2-year timeframe that mental movement has raised environ- on top of the first one was already done they have now. So all estimates, except mental concerns, mostly due to the and was just sitting there. So we set a for one produced by the environmental fact that it is a heavy crude that will date. Some of my friends on com- extremists that are in opposition done come in from Canada, which confuses mittee, like Mr. SULLIVAN from Okla- by a Cornell University professor that me because Venezuela is an equally homa, and I picked an arbitrary date— says it won’t create any jobs; and, be- heavy crude, but somehow that’s okay. well, not too arbitrary. It gave them sides, if it did, they are temporary and Well, okay with some, but not with me. enough time to get through it, go out dirty—that logic befuddles me because So to engineer this pipeline, what the for more public comment, then 60 days all construction jobs are temporary. pipeline company has to do is provide after that to make a decision, and that So, obviously, he doesn’t like construc- with their application an environ- would be November 1. We passed that tion jobs. That’s the only thing I can mental study, and they have decided bill in the House, we sent it to the Sen- think of. You know, we don’t count that since there are environmental ate, and HARRY REID refused to bring it construction jobs. concerns that they are going to over- up on the floor. Well, as mentioned by Judge CARTER, engineer this pipeline; they will, in During that time, the State Depart- there are labor agreements. The people, sensitive areas, like coming through ment said that’s unnecessary because this 20,000 that is estimated to be the Nebraska where it would have crossed we’re on track to have the decision direct jobs, those people who are di- the Sandhills, but our Governor has made on this pipeline by December 31— rectly working on the pipeline from talked them into moving it off of that by December 31. And they first told us Teamsters to Earth-movers to sheet sensitive ecosystem in the Sandhills. that March 15. And I’ll read from you a metal workers to pipe fitters to labor- So when they move it 50 miles to the U.S. Department of State Diplomacy in ers, to the electricians that will build east in Nebraska, they will double-case Action, March 15, 2011. It says the U.S. all of the electronics for the pump sta- it. They said they will put it in ce- Department of State expects to make a tions along the way, this will create ment. decision on whether to grant or deny 20,000 jobs. And those are just direct Another item that is over-engineered the permit before the end of 2011. April jobs. As we heard from Judge CARTER above and beyond pipeline standards is 15, 2011, they also state publicly and to that doesn’t count the spinoffs that pump stations. Why are pump stations our committee, the U.S. Department of occur in the refinery expansions, the necessary? Well, you’ve got to pump it State expects to make a decision on extra jobs that will be needed to handle through the pipeline. Even though it whether to grant or deny the permit by the extra oil in the refineries, and the goes north to south, you still need the end of 2011. So March they say suppliers. pressure in there to move it. The pump that, April they say that. In fact, there is a business just south stations usually are several hundred, a And then after this House passes with of my district in Auburn, Nebraska, couple hundred, miles apart. They have overwhelming support, bipartisan sup- that makes parts for oil refineries. agreed to put more pump stations in. port, nearly 50 Democrats joining us— They will have increased orders in peo- Why is that important? Well, it is the the State Department says, and here is ple going back to work. way they determine if there’s a leak. their memo to us, and it says, we don’t It was interesting, just yesterday So by moving the pump stations closer, need to have a bill to permit the Key- there was an article online from a Fox they can, in a more timely fashion, de- stone XL crude oil pipeline by Novem- affiliate in Little Rock, Arkansas, who termine if there’s a leak. ber 1, 2011. The bill is unnecessary be- had to lay off 500 people. Why? They Also, they have promised in areas cause the State Department has been make pipe. They make pipelines, and where there is water and sensitivity working diligently to complete the per- they are the fabricator of metal going that they will put employees perma- mit decision process for the Keystone

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.059 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8997 XL Pipeline and has publicly com- would brief us on his feelings about Canada is one of America’s top allies mitted to reaching a decision before Keystone Pipeline. in meeting security threats around the December 31, 2011. They are diligently Mr. SULLIVAN. Thank you, Con- world. Oil sands production is a major working, July 25, diligently working, gressman TERRY, and I just want to economic engine for Canada, and the and will have the decision by December thank you so much for all you’ve done. government supports Keystone XL. 31. I’ve seen you work in the committee to America’s foreign policy must not be This is important. Why? Because the get this through the committee proc- dictated by EPA, which opposes the President of the United States, just 2 ess. You’ve been tenacious, and I thank Keystone XL pipeline. And like Con- days ago, stood up and said, if I have to you. I thank you for getting this gressman LEE TERRY said, the Obama sign a bill with Keystone Pipeline in it, through the House floor, and now, get- administration puts electoral politics you are rushing us and may be forcing ting it across the finish line, which is ahead of national security interests by the State Department to deny it be- really what we need to do. And I thank putting off a decision on Keystone XL cause they don’t have enough time. you, along with the tens of thousands until after the elections. That is crazy. Bull. of people that want to thank you, as The State Department conducted more Their own documents from April, well, that will have a job. than 3 years of rigorous analysis and March, and July have said they’ve been And that’s what we’re talking about was widely expected to approve Key- working diligently and will have the here. Like you said, my friend, it’s cre- stone XL by the end of this year, before decision. And by the way, if the Key- ating jobs. And we talk about creating the White House came under environ- stone bill is passed—it passed out of jobs here in America, and politicians mentalist pressures. the House overwhelmingly 2 days ago. really don’t do it, but we have a chance The Obama administration has put It’s sitting over in the Senate with the to do something. And these aren’t gov- environmentalists ahead of American unemployment insurance bill and a ernment jobs. These aren’t census tak- workers. As one example, Keystone XL myriad of other bills that have been ers or IRS agents. These are private- is supported by several major unions— put together. So, really, from what sector jobs. And so I thank you, Con- United Association of Journeymen and they’ve told us already, they are al- gressman TERRY, for all you’ve done in Apprentices of Plumbing and Pipe- ready ready. They can make a decision creating those jobs. fitting Industry of the U.S. In Canada, right now. They’ve been studying it And another thing, too, that this International Union of Operating Engi- since April. They’re done. They know does is it lessens our dependence on neers, Laborers’ International Union of what the decision is. OPEC oil. Now I’m tired, along with North America, International Brother- Do you know why the President said many other people, of sending $1 billion hood of Teamsters, International that? And this is what is probably most or more every single day to foreign Brotherhood of Electrical Workers, disappointing to me: politics. Yeah. countries to subsidize their economies Building and Construction Trade De- Election year politics. The environ- and their nations at the expense of our partment, AFL–CIO. mentalists have made statements like, own. And it’s a national security issue, Now, this is one of the best Christ- this is where the President can get his as well. mas gifts we can give the American environmental mojo back if he denies But this Keystone Pipeline really people by creating jobs, lessening our the permit. That’s what one environ- creates jobs. Keystone is the largest in- dependence on foreign oil, and stop mental group said. The others have frastructure project ready for construc- sending $1 billion every single day to just challenged him to kill this pipe- tion in the U.S., and it’s privately foreign countries. line. funded, requiring no spending. The $7 Again, I want to thank Congressman The issue is the President does not billion pricetag will support jobs in the LEE TERRY for all the work he has done want to make a decision between his U.S. and create demand for U.S. prod- on this. environmental groups that flat told ucts. Keystone Pipeline will create, as Mr. TERRY. Thank you, Mr. SUL- him, this is a quote, a direct quote that my friend said, 20,000 new jobs directly LIVAN, and I appreciate your support on has been published in The Wall Street and support hundreds of thousands of this issue. Journal, The Washington Post, and jobs in the coming years. More than At this time I’d like to recognize the many other newspapers. They told him, 1,400 companies across the U.S. sell gentleman from Illinois, one of the new we will not mobilize our environ- their products and services for oil phenoms on our Energy and Commerce mentalists in the 2011 election if you sands work. Committee, Mr. KINZINGER. approve this pipeline. Amazingly, it Mr. KINZINGER of Illinois. I thank 1520 was only days after that threat was b the gentleman from Nebraska (Mr. made to the President that he decided Keystone XL will lead to more eco- TERRY). And listening to the words of that he will not make a decision until nomic activity. the gentleman from Oklahoma, very after the election. Canada is the United States’ number well spoken. Folks, politics—energy politics—is one trading partner. In 2010, two-way You know, I often ask what are the now causing layoffs in Arkansas right trade in goods and services between the top issues, what are the top things before the holidays. There’s people sit- U.S. and Canada was more than $640 Americans are concerned with right ting in my union halls in Omaha, Ne- billion each day; $1.7 billion worth of now? Obviously, number one is jobs. braska, ready to go to work, but the goods and services traversed the U.S.- Number two is jobs and economy. I President says, I’m not even going to Canadian border. hear people talk a lot about energy in tell you if you’re going to go to work It will boost national security. Can- the 11th District of Illinois. So we have on this until 2013. ada is the most reliable and secure oil jobs, economy, energy, and I also hear Mr. President, I respectfully ask that supplier for Americans outside the U.S. some people talk about their concern you act on this permit, put aside elec- The real foreign alternative to oil with national defense. tion year politics, make a decision on sands are from volatile nations like You know, amazingly to me, when the merits of this project, and listen to Venezuela. Keystone XL will encourage you look at those issues of concern— your agencies. The State Department greater oil production in the Bakken jobs, energy, national defense—there’s chose this route as the most environ- areas of North Dakota and Montana. one thing we can do which is going to mentally safe route. This will employ Trade with Canada complements an address all of those concerns and it 20,000 people; secondary, tertiary jobs all-of-the-above domestic energy strat- would address them now, and that is in support, perhaps another 100,000. If egy: more domestic oil, more alter- the Keystone pipeline. we started using all of our resources in native fuels, and more auto innovation. I actually sent a letter the other day, the United States, we could employ Global demand for oil will continue Mr. Speaker, to my colleague in Illi- millions. Let’s do the right thing for to increase dramatically, meaning that nois, Senator DICK DURBIN. He is the this country. the oil sands will be produced. The whip over in the Senate. And I asked I want to ask my friend from Tulsa, question is whether Americans will di- him and I asked the Senate to just, you Oklahoma, the vice chairman of the rectly benefit; or if the oil will be ex- know what, let’s just have an up-or- Energy and Power Subcommittee, if he ported to Asia, primarily China. down vote, basically, on this Keystone

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.060 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H8998 CONGRESSIONAL RECORD — HOUSE December 15, 2011 pipeline. Let’s stop the parliamentary ator HARRY REID, please just bring the and this President wants us to be de- parlor tricks and the smoke and mir- Keystone pipeline up for a vote. Let’s pendent on other nations who don’t rors and just have a vote, ‘‘yes’’ or extend the payroll tax cut and make care for us, who don’t appreciate our ‘‘no,’’ on the Keystone pipeline. You sure that we’re paying for it and not democratic, republican form of govern- know, the interesting thing is they’re taking away from Social Security. ment, and who don’t understand that not going to do it right now because These are all very good opportunities jobs and the economy are a driving they’re afraid it might pass, because I to get America back to work. concern, something that we must pay think it would. With that, I want to say thank you attention to and that we must do it The American people desperately to the gentleman from Nebraska for now. need jobs. So let me ask you specifi- the opportunity to talk about this very And here we have thousands of jobs, cally, What does this mean for the Mid- important jobs-creation opportunity thousands of jobs. We’ve heard the west? For the Midwest, we’re talking for the American people. number 20,000. Those are direct jobs. about 20,000 construction jobs. We’re Mr. TERRY. I thank you for your You can multiply that number out be- talking for the country about 800,000 support for this effort for American yond and beyond. And they’re being barrels of oil a day from our friends to jobs. stopped. the north. And that means less oil from At this time I’d like to recognize an- And if are you an energy producer places like the Middle East, Venezuela, other one of our freshman phenoms on and you see something that makes as Angola and Nigeria; and $5.2 billion in the Energy and Commerce Committee, much sense as the Keystone pipeline new property taxes to State and local the gentleman from Virginia, MORGAN being stopped dead in its tracks be- governments that are basically bank- GRIFFITH. cause the President doesn’t want to rupt today. And how much does this Mr. GRIFFITH of Virginia. Thank make a decision until next year, and cost the taxpayer? Any guess? The an- you, And I appreciate that. I’m not maybe the next year after that, you swer is zero. This is free. In fact, it sure about phenom, but I’m very appre- have to believe that it’s not worth in- saves the taxpayer a lot of money be- ciative to be on the Energy and Com- vesting here in the United States for cause ultimately fuel is going to be merce Committee. energy concerns. more secure. We have a lot of issues in my district. I had a fellow came up to me recently Middle class families are now on no- For those of you who are watching this back home. He said, MORGAN, I want to tice that the President and HARRY REID who aren’t familiar with my district, I tell you something. He showed me the want to reject a payroll tax extension represent southwest Virginia. It is a article he’d found. He said, I’ve always linked to job-creating, private sector big energy-producing region of the invested in American energy. That’s construction projects. We passed a pay- State of Virginia. where I’ve always put my money. He roll tax cut extension just a couple of And in Virginia, we understand that said, But right now the situation is so days ago in this House. We found a way we should use our own resources to cre- uncertain—and this was before we to pay for it so that we’re not robbing ate jobs. So I come here today for jobs knew the President was going to delay the Social Security fund. And we also to be created in the United States—not this very reasonable project, the Key- were talking about the real job-cre- in Virginia directly, but in another stone pipeline. He said, I’m now invest- ation opportunity that we have in the part of this great Nation, because the ing in southern Africa with a consor- Keystone pipeline. And amazingly, the issues are often the same. And for some tium that has, I believe it was Aus- President said no, probably because he reason, this administration is standing tralians, South Africans, and Brazil- wants to assuage his base. in the way of the creation of jobs in the ians working on a project in Mozam- But when you look at it, 18 to 24 energy industry. bique. He said, I didn’t want to do it, months is what it takes, on average, to In Virginia, we have asked repeatedly but I don’t know what choice I have approve a project like this; that’s 11⁄2 to be able to drill off our coast in order when you look at what is coming out of years to 2 years. That’s a long time. to find oil and natural gas. We want to the administration, when they don’t This process is upwards of 39 months use our resources to create jobs. We want us to invest in American energy. now, and the thing we hear from the started asking for this in Virginia back So, ladies and gentlemen, I have to administration is we need another year in 2004. At that time we had Democrat tell you, I came here today—this does to make sure we do this correctly. I Governors, and they blocked our ef- not directly affect my district, but it mean, are we in an era in this country forts to send this to the Federal Gov- does affect my country, and I care where it takes 4 or 5 years, 10 years to ernment. Later, having a change of deeply about my country. approve projects? And then we wonder heart, one of the Governors decided, as Our country needs jobs. We need af- why we’re not able to keep on the front they were on their way out the door, fordable energy. Keystone pipeline lines of innovation and the front lines that they would send the request for- helps us both have jobs and affordable of energy production and security. This ward. But to this date the President energy. And that is why it’s important is an example of that. has not realized that we can create for every person in the United States Ladies and gentlemen, I strongly be- jobs. But our jobs, unlike the jobs in to understand that we must have the lieve in national security and the na- Nebraska and other parts of the United Keystone pipeline; and the sooner we tional defense of this country. And the States affected by Keystone, they start, the sooner those jobs occur, and best way we can do that is to have en- would be several years down the road. the sooner we get more oil supply ergy security here at home. Production that’s not from our adversaries in the 1530 of our own energy is great. We have to b world, the people who would like to see do that. That has to be the priority. What we have here is the Nation’s the United States torn down, but from But in the meantime, I’d sure rather best shovel-ready project. In reality, our friend Canada, who understands have 800,000 barrels a day coming from it’s ready to go. And while it’s not that together we can build a more pros- Canada into here than having to im- American oil, it’s Canadian oil. And perous North America. port that much oil from places in the one would have to believe that the Ca- Ladies and gentlemen, with that, I Middle East that don’t like us. This nadians don’t care about their environ- would like to thank the gentleman makes sense. ment to be opposed to this pipeline. from Nebraska for yielding. So we talked about getting people One would have to believe that the Mr. TERRY. I thank the gentleman back to work. This is a shot in the arm President of the United States would from Virginia. right now; it’s a shot in the arm today. prefer to see the oil from Canada going I’d like to just take the last couple of This has bipartisan support. This isn’t to China. One would have to believe minutes to close here. a Republican thing; this isn’t a Demo- that the President of the United States What we have is a $7 billion infra- crat thing. Frankly, this is a bipar- would prefer for us to buy oil from structure project for the United States tisan American jobs act, this Keystone other nations, like Venezuela and some of America that will immediately em- pipeline, but politics has infected this of the Arab nations that don’t care for ploy 20,000 workers. It’s a 2-year-plus process. us one iota, than to do this pipeline. project. It will add—then, that’s not So all I would ask is for Senator DUR- One would have to believe that, for even counting the spin-off jobs to sup- BIN, in this letter I sent him, or Sen- some reason, we want to be dependent, port and to expand the refineries, the

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.062 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H8999 permanent jobs that will be created er PELOSI and Leader REID could bump say you earned the money, you’re there. up the spending by $1 trillion, and going to keep it for at least a couple So I ask the people that are watching when it becomes apparent to the whole months in your own paycheck, and here today and the American public to world, not just the U.S. but the whole then you decide which car manufac- let Congress know, to let the President world, that we’ve got to rein back in turer you want to bail out by deciding know that it’s important to you that that extra trillion they began to spend, what car you’re going to buy with the we create jobs in America. This not only do they not want to cut that extra money you’ve gotten in your project, when approved, would start extra trillion that is bankrupting us, paycheck. That would have been a the next day moving ground, employ- but they want to add taxes on Ameri- great thing to do. ing people. cans so that they can justify even more Instead, we had a Presidential admin- Let’s do that. Let’s get America back spending. It shouldn’t work that way. istration decide who they wanted to to work. Let’s help create American We’re running a deficit. We have been bail out, how they wanted to bail them jobs. for a number of years. And to have out. We had a secret society set up by I yield back the balance of my time. Speaker PELOSI take over this Cham- the President in the White House de- Mr. BERG. Mr. Speaker, I thank the ber and take a $160 billion deficit, cide which dealers, how many dealers gentleman from Nebraska for yielding. which we shouldn’t have run when the were going to have to be shut down, Once again, President Obama has Republicans had the House in ’06, and and we ended up having the unthink- chosen to put politics over the Amer- then parlay that into 10 times more able occur, a violation of the Constitu- ican people by punting on the Keystone deficit spending is just unfathomable. tion, and that is a Federal taking of Pipeline decision until after his 2012 But it has happened, and it’s got to property, a Federal order to take prop- campaign. stop. We owe that to future genera- erty without any due process, without The construction of the pipeline will tions. any remuneration. People even had create thousands of good-paying jobs, At the same time, we also know, and borrowed money to buy dealerships. spur economic growth, and help break I think Joel Rosenberg, the author, re- They still owed the banks for the our national dependence on foreign oil. ferred to it in his book, ‘‘Inside the money they borrowed to pay for those This pipeline has received bipartisan Revolution,’’ that Osama bin Laden dealerships. support. It will increase America’s ac- didn’t just rejoice in the killing of 3,000 Yet we had an administration that cess to safe and secure energy supplies or so Americans on 9/11. He also actu- said close them. It’s amazing. As I un- and would bring more than 1.2 million ally said that one of the great things derstand, most of those that were or- barrels of oil into U.S. markets each about 9/11, from Osama bin Laden’s dered closed were Republican, which day. Its construction could create tens standpoint, was that they spent maybe started feeding into the belief that we of thousands of new jobs, many of half a million dollars in setting up and had crony capitalism going on. If you which could be seen in North Dakota. carrying out the 9/11 murders, but that were friends of the President, you were In fact, Bakken Field crude oil is ex- also they were costing the United going to do well. If you weren’t, you pected to account for 25 percent of the States billions and billions of dollars, could lose your business without any pipeline’s expanded capacity. and it may run into trillions of dollars. remuneration, without any due proc- North Dakota is a national example But we have to defend ourselves. We ess. of why we need a common sense, long- have to keep with our commitment and Now we have an administration that term energy plan. Our energy sector our constitutional duty to provide for is in office in the executive branch. has created thousands of good, high- the common defense. So not only do we They’ve filled the positions in the Jus- paying jobs. In fact, our state has the have the responsibility of trying to re- tice Department, in the top positions lowest unemployment in the nation. gain some maturity as a Congress in in the intelligence department, the But this wasn’t an accident. It was the controlling our spending and not doing State Department. They’re running result of common sense policy—a long- further damage to the economy by re- things from the executive branch. And term energy plan called EMPOWER warding the, as the President called they know, they’ve read the 9/11 Com- North Dakota that encouraged energy them, the ‘‘fat cats on Wall Street,’’ mission report, I certainly hope they development, rather than putting up those people that gave to his campaign have. It’s interesting if we look back new regulatory barriers. by a 4:1 margin, the executives on Wall and see what the 9/11 Commission said. But instead of looking to North Da- Street and their families, 4:1 Democrat It was a very bipartisan report. Some kota for solutions that could help our over Republican, it’s time to quit bail- things I didn’t terribly agree with. But economy, create good jobs, and help ing out people who got themselves into I knew that the people who wrote the American become energy independent, those messes. We should never have report were doing the very best they the Obama administration continues to done it for Wall Street. We should not could and doing the best to the best of create new roadblocks to expanding do- have done it for the automakers. their beliefs. And they had to account mestic energy production. If we had had a real payroll tax holi- for how 9/11 came about, how we had I strongly urge President Obama to day—holiday, meaning you don’t do 3,000-plus people killed, the worst at- look ahead for the next generation, not something. I can’t imagine having a tack on American soil on our history, the next election, and expedite the ap- school holiday and you only get 2 per- how that came about. proval of the Keystone expansion. cent of the day off. I know kids that They did the study. They found out f went to school with me, growing up, all of the people that were involved were crying out, ‘‘Allah akbar.’’ They REINING IN SPENDING would never have considered a 2 per- cent holiday a real holiday. were people who believed that their re- The SPEAKER pro tempore. Under The President’s payroll tax holiday ligion required them or encouraged the Speaker’s announced policy of Jan- at 2 percent is going to go forward. We them to kill innocent people, and that uary 5, 2011, the gentleman from Texas passed that out of the House, unless somehow they would be rewarded in (Mr. GOHMERT) is recognized for 30 min- the Senate, down under HARRY REID, paradise for killing innocent people. utes. kills the bill and doesn’t allow that They have taken their religion, this Mr. GOHMERT. Mr. Speaker, there is payroll tax cut to continue. small percentage of Islamists, and they so much going on these days. We have actually believe that there is a God en- the responsibility of reining in spend- b 1540 tity out there that will reward the dev- ing, if we will just simply live up to it. But it’s not a holiday. A real payroll astation and killing of innocent people. We know that our friends at the tax holiday would have been to do what So the 9/11 Commission did a very other end of the hall, the majority in I proposed 3 years ago. Art Laffer said candid report, and when you take a the Senate, want to spend, want to tax it would have been the best stimulus look at the things in that report and more, not interested in making serious we could have done at the time, and compare them to what this administra- cuts. that’s the genius behind Ronald Rea- tion has done in the last 3 years to It’s rather amazing that this Presi- gan’s economic policies in the early whitewash that part of history, to com- dent could come into office and Speak- eighties. But that would have been to pletely distort what really happened on

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.063 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9000 CONGRESSIONAL RECORD — HOUSE December 15, 2011 9/11, to blind, as one of our officers has 9/11 Commission report. But that has to Hopefully, by softening the language, said, to blind our own law enforcement, be considered in light of the other those who want to cut off our heads intelligence, justice people so they can- things in the 9/11 Commission report and nuke our Nation will feel better not see the enemy who has declared because also in the 9/11 Commission re- about those they want to kill and de- war on us, blind those that we have port, there are 39 references to the stroy. called upon to risk their lives to pro- enemy. The 9/11 Commission Report refers tect us, blind them from really seeing Well, for those of us who have been in 126 times to ‘‘jihad.’’ Clearly, that’s the risks and really being able to pre- military service, there was never a what we’re facing—jihadists who want dict what will happen, it is staggering. question. The enemy were those who to commit jihad, which is a holy war, We’ve got the blind leading the blind. wanted to destroy us, to kill us. And the way these people see it, against I don’t think it’s any better depicted it’s very easy to understand when a those of us they see as infidels. As than in just a numerical analysis from group calling themselves Islamists, Khalid Sheikh Mohammed references the 9/11 Commission. I have a poster calling themselves jihadists, want to in his own pleading in the 9/11 case, here. And of course as this writing kill everybody who does not believe as they reference a provision in the Koran says, the terminology is important in they do, they’re the enemy. Not that that says they’re justified in killing defining our goals as well as removing difficult to understand. those who would combine any entity roadblocks in the hearts and minds. b 1550 with Allah, because Allah gives no per- The 9/11 Commission identifies Islamist mission to combine him. But in this administration, these are terrorism as the threat. The Muslim So, if anyone thinks that there is a Public Affairs Council recommends bad words because, in the 9/11 Commis- sion Report, 126 times the word ‘‘jihad’’ Holy Trinity, which are the words that that the U.S. government find other start off the Treaty of Paris, 1783, with terminology. is used. Well, under this administra- tion, you’ve got the FBI Counterterror- Great Britain—you can find it over at The OIC, the organization of all of the State Department. The first words the Islamic states, all 57 Islamic states ism Lexicon. Those are the words to train our FBI. They’re used to train are in big, bold type: ‘‘In the name of in the world, that organization came the most holy and undivided Trinity’’— up with a term called Islamaphobia, our intelligence. They’re used to train law enforcement. that’s how our treaty started that rec- the word Islamaphobe, so that if any- ognized this country. Well, according body bothers to do the research and One of the things the Federal Gov- ernment also does is train local law en- to those Islamic jihadists, who are at find out that there is a small percent- holy war with us, that document, age of Muslims who are radicals and forcement. So many local law enforce- ment make the journey here. Federal itself, is a declaration that we are who believe the Koran directs them to infidels and need to be destroyed. Yet, destroy Israel, to destroy the United law enforcement as well as local and State law enforcement make the jour- under this administration, the FBI is States, then let’s label them not being taught what ‘‘jihad’’ means. Islamaphobe, even though they make ney to Washington, D.C. They make the journey to Federal facilities to It’s eliminated from the Lexicon. It’s very clear, like I have repeatedly, that eliminated from the National Intel- we have Muslim patriots in America, have Federal officers instruct them and teach them about different issues that ligence Strategy in this administra- we have Muslim business people who tion. have done great good. The vast major- are threats to our country. So it’s im- Even the word ‘‘Muslim’’ is found 145 ity of Muslims are peace-loving people. portant that people be properly edu- times in the 9/11 report because you Nonetheless, people like me who cated about the threat. could not do an assessment of the 9/11 would bother to point out this small Yet under this administration—for- attack without discussing Muslim and percentage that want to destroy our get what the 9/11 Commission Report Islam. Yes, it’s only a small, tiny per- way of life and are doing everything saw as the real threat—there are 29 centage of Muslims who believe this they can to get in a position to do that, times that ‘‘violent extremism’’ can be way—thank God for that—but let’s we’re Islamaphobes. That directive is found in the FBI Counterterrorism don’t kid ourselves that they believe straight from this OIC, this organiza- Lexicon and nine times that it can be that they were holy Muslims who came tion of Islamic nations, all 57 States. found in the National Intelligence That’s been the directive. Scare peo- Strategy from 2009, which lays out our and killed 3,000-plus people on 9/11. ple, intimidate people so that they will strategy as to how we’re going to face Not only has this administration not speak the truth. It’s unbelievable. and defeat the enemy that has declared whitewashed—completely eliminated— Because if the OIC really wanted to war on us, that wants to destroy us. the word ‘‘Muslim’’ from our Lexicon help themselves, they could show the There are 39 times that the 9/11 Com- and from our Strategy, but also the world that they were about peace, not mission Report referred to ‘‘enemy.’’ word ‘‘Islam,’’ which is mentioned 322 about hatred, not about killing inno- Yet the FBI Counterterrorism Lexicon times in the 9/11 Commission Report by cent people, by encouraging people to and National Intelligence Strategy these bipartisan people, who were con- recognize it is only a small percentage from this administration thinks the cerned like we all were after 9/11 that of Islamists who believe that they need word ‘‘enemy’’ may, perhaps, hurt the we might lose this country—that peo- to destroy Israel and to destroy the feelings of those who want to kill us. ple might nuke us, that they might de- United States. Because they want to kill us, let’s not stroy Washington, New York, Chicago, But instead, they try to intimidate, hurt their feelings by calling them the an area down near Houston where 70 try their name-calling. Amazingly, ‘‘enemy.’’ percent of our oil is refined. There are though, they have been very effective We had an actual bill that changed places we were afraid we would get with this administration. If this ad- the Military Commission Act of 2006, hit—and we would not have energy; we ministration had thoughts of clearly done in 2009 under Speaker PELOSI and would not have a government; we speaking truth, then they would not Leader REID, and that was probably would not have commerce; our seats of hesitate to call a shovel a shovel, to some of the thinking behind changing commerce. call things just as they are. it. They were afraid the term ‘‘enemy That’s when the 9/11 Commission Re- But instead, this administration has combatant’’ might offend those who port came out, because they knew they blinded those in the State Department, want to cut off our heads, blow us up, had to be honest and candid in their as- in the intelligence department, in the nuke us. They didn’t want to offend sessment. Whether we agree or disagree Justice Department so that they don’t them; but here again, the word with their findings, they were working really understand the enemy, cannot ‘‘enemy’’ is hard to replace, so they in the best of good faith in trying to understand the enemy, until the left the word ‘‘enemy’’ in there but make their assessment. That’s why enemy, those who’ve declared war on softened it up. Instead of calling them they used these terms as many times us, can be accurately identified. ‘‘enemy combatants,’’ they changed as they did—322 times. It’s not Islam. So you read in the 9/11 Commission the wording of the Military Commis- It’s not the 1.5 billion people who pro- report—there are three times that vio- sion Act so that it’s now ‘‘unprivileged claim Islam is their religion, their way lent extremism is referred to in the alien enemy belligerent.’’ of life. It’s a small percentage.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.065 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9001 But how can we expect to defeat the the Little Satan, Israel; Zionism—and local gun dealer got suspicious and re- enemy that has declared war on us un- the Great Satan, the United States of ported him, not because the intel- less we recognize who it is? America. ligence or Justice Department acted on There are a number of other ref- b 1600 seeing this private putting himself in erences. Major Hasan’s same pattern. The Muslim Brotherhood is a na- We in this body and those at the If I could see that other poster. We’ve tional organization that is working to- other end of this Hall in the Senate got another soldier in uniform who has ward an international caliphate. In the took an oath; and unless an oath means been on al-Jazeera. And yet now, be- Holy Land Foundation trial, tried nothing, we have a duty to perform. I cause of the changed lexicon, people down in Dallas, there were 105 counts. have come to know very personally are not able to properly pursue this They were found guilty, five defend- some with whom I hardly ever agree on kind of problem so that one of our own ants. It was about the Muslim Brother- political issues on the other side of the soldiers starts defaming our own mili- hood and the Holy Land Foundation aisle, but I’ve come to know their tary and using the OIC term that and the Palestine Committees that hearts, and we have gotten to be good Islamophobia is evident within the were raising money and were certainly friends. And I know people on both military. The overwhelming sentiment giving some to some charities. They sides of the aisle here who, with all was that Islamophobia was present in could point to those and say, Look, we their heart, want to live up to their the U.S. military. gave money to charity—but they were oath and do the right thing. It’s time that this administration also funneling money to Hamas. They But no matter which side of the aisle wake up; and if it’s not willing to wake were funneling money to terrorism. we’re on—or if we don’t even care up, this Congress must wake it up. That’s against our law. about aisles—it is critical that histori- That’s why the Founders created three There are 65 times that ‘‘religious’’ is cally for a nation to survive, it must separate branches and created two used in the 9/11 Commission Report be- recognize those who have sworn the de- Houses within this branch so that they cause these Islamic jihadist nutcases struction of that nation and are doing hoped that there would be adequate re- considered themselves religious in everything they can to gather the sponses to threats, they hoped that it what they were doing in killing so means to do that. would be difficult to pass laws that many innocent people. We have a Private Abdo. This is a would hurt the country. Their hope was There are 36 times ‘‘al Qaeda’’ is ref- young man, Private Abdo, who did an that they were setting up a system erenced in the 9/11 Commission Re- interview on al-Jazeera. He was seen on that would protect itself. But until we port—but in the FBI Counterterrorism al-Jazeera. We have people in our ad- take the blinders off, those who are Lexicon, zero; in the National Intel- ministration’s intelligence and Justice sworn to protect us, we’re in some big ligence Strategy, one time. who see him on al-Jazeera, basically trouble. Or as folks at Fort Benning, ‘‘Sharia law’’ was referenced twice in laying out—and of course this news where I served for 4 years, used to say, the 9/11 Commission Report. It’s not program was done in Arabic. It was not We’ll be in some deep kimchi. even mentioned in the new Lexicon or done in English. If you listen to the With that, I yield back the balance of the Strategy. program on YouTube, you can hear my time. some of the things that Private Abdo How can we win a war declared by f others upon us unless we can recognize said. our enemy? But he made clear, Hey, I’m a Mus- CONGRESS: DON’T TREAD ON D.C. This administration has done—not lim. I cannot deploy. The same things The SPEAKER pro tempore (Mrs. everything—but it has done so much that Major Hasan said before he went HARTZLER). Under the Speaker’s an- that it can blind us so we can’t see our and killed 13 of our military at Fort nounced policy of January 5, 2011, the enemy. There is nothing more vivid Hood and another, which was the un- gentlewoman from the District of Co- than to see the complete eradication of born child of one of our pregnant serv- lumbia (Ms. NORTON) is recognized for the terminology that would allow our icemembers. He made clear, just like 30 minutes. people to recognize their enemy. Private Abdo, I can’t both deploy and Ms. NORTON. Madam Speaker, I rise There’s not even a reference to be a Muslim. I will have to go kill to speak about a possible set of events ‘‘Hamas.’’ Hamas is a terrorist organi- Americans. I can do that without vio- that will, I think, astound the Amer- zation. We’ve recognized them as a ter- lating my religion, at least in their be- ican people. Most, by now, would agree rorist organization. They’re respon- liefs. But I cannot be deployed into a that a shutdown of the government is a sible for killing innocent people. Yet, Muslim country because of the risk I very bad idea. A shutdown of the gov- in the new Lexicon, we’re not even tell- might kill a Muslim without that per- ernment is a worse idea for the Amer- ing people who are being trained to de- son that I kill meeting one of the re- ican people. But if you want to hear fend us about Hamas. quirements to be allowed to be killed the worst of the worst, by far, it is How do we expect to win a war like and, therefore, that would send me ba- shutting down a local government that, not one of our making, not one sically to hell. So I can’t do that. But which is not involved in your national we want but one declared on us, unless it’s okay to kill Americans. fight. That is what could happen as the we are willing to recognize those who This Justice Department ought to be first session of the 112th Congress are at war with us and to recognize getting these words back in its lexicon. closes out and leaves its signature on their motivation? Our intelligence should get them back American history. These folks are extremely predict- in their lexicon so that when you have The District of Columbia’s local able if you understand their mind-set, a private go on al-Jazeera and say budget, raised in the city, a budget if you understand how they take provi- these things, that our intelligence and larger than the budget of some sions from the Koran and twist them our Justice Department are allowed to States—thanks to the taxpayers of the and what they believe with them. Un- put that in a memo and say, This guy city—nevertheless, has to be approved less you can study that and understand has sworn that he cannot go to a Mus- by the Congress. It was approved by the that, you can never say, as General lim country; and, therefore, he’s better District of Columbia months ago, even Patton did after he defeated Rommel off killing our own soldiers than he is approved by the Financial Services ap- and stood up looking over the devasta- being deployed. propriations subcommittee months tion that his tankers had caused—and We need to recognize when people are ago. But here it sits because most of he used a little colorful language—‘‘I saying they’re going to have to kill us. the appropriations have not been ap- read your book.’’ But instead, even though he was seen proved by the Congress of the United However, nowadays we’re preventing on al-Jazeera and it was clear he was States. our law enforcement, our intelligence, setting things up, just like Major No wonder District of Columbia resi- our State Department from reading the Hasan did, the only reason that people dents have informed our office that book—those who have put books to- were not killed by the bombs he was they will be here tomorrow to speak gether and studied books—of those who wanting to create and he was buying for themselves because, Madam Speak- are trying to create a way to wipe out material to produce was because a er, taxation without representation is

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.069 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9002 CONGRESSIONAL RECORD — HOUSE December 15, 2011 bad enough. In fact, it was considered and one of those side issues has been money, Congress is not going to let the so outrageous that our Forefathers the District of Columbia, into whose District spend its own local money. My went to war over this very notion. business it has no business entering, colleagues on the other side of the b 1610 taking the city’s vote, the vote that aisle, these Tea Party Republicans who the city had in the Committee of the came here talking about federalism, Taxation without representation, fol- Whole, on the very first day as the first have been the first to violate the first lowed by confiscation of a local govern- item of business and then piling on principle of federalism. ment’s judgment on how it ought to with a set of amendments designed to We are not here talking about local spend its own money, is un-American intrudes on the city’s right to govern laws alone, my friends, we are talking and should be unacceptable anywhere itself and to spend its own local funds about local money, money raised in the in the world except, of course, authori- as every local government does, as District of Columbia. Not a penny of it tarian governments. those who elect it locally have insisted. from this Chamber. By what right do So here I am again. I was on the floor So I had to yesterday call the Mayor you tell us anything about how to just a few months ago on this very of the District of Columbia, once again, spend that money, particularly when same issue, and doesn’t it say every- and say I don’t see any way out of a that money is spent legally and con- thing about this Congress this year. possible close-down for the District of stitutionally? How do you square that The Republicans have had a year to Columbia if the Federal Government with your Tea Party principles? learn since they took control of the closes down. And while he found it un- They tried on another issue as well. House. They are very slow learners be- believable after the Congress now has We were able to stop that one. For 10 cause for the third time we face a pos- the lowest rating in memory that they years this Congress kept the District sible government shutdown, and we would even consider a close-down, nev- from spending its own local funds on face the possible shutdown of a local ertheless he has got to take the prep- needle exchange programs used all over government that is not in this fight arations that the federal government the country, albeit with local funds, and has passed its own local, balanced takes and is now taking when a close- even though over and over again in test budget. down becomes a possibility. after test, it has been found that well- No forward movement. No forward The Home Rule Act gave the District run needle exchange programs keep movement for the District of Columbia of Columbia control over its local laws people from spreading HIV and AIDS. and no forward movement for the coun- and its local funds with the caveat that b 1620 try. We are embroiled in the same they were to pass through here and fights because one side, my friends on pass by. That’s literally what it is, a In big cities where there are drug ad- the other side of the aisle, have decided pass-by in the Congress. This has be- dicts, you will find that as many as that a legislative body is one in which come more than a pass-by. It has be- one-third of those who contract this one side takes all. The whole notion come an occasion to encumber the Dis- virus do so through needles; someone that we come from diverse and dif- trict of Columbia with the views and who has the virus then has relations ferent parts of the country and will the laws of Members of Congress, not with someone who doesn’t but doesn’t have to find a meeting of the minds on elected from the District of Columbia, know the other has the virus, and issue after issue has fled from this not responsible to the District of Co- quickly the virus is spread. It is impor- Chamber. lumbia. tant to note that every health organi- So we see it not only with respect to So the do-nothing 112th House has no zation and every scientific organiza- my district, which is caught in this major bill to its credit, no signature to tion has recommended needle exchange fight, a fight not of its making, a fight take home; but it does leave an infa- programs as a way to control AIDS, from which it cannot extricate itself, a mous signature that it was able to and they’ve done so based on the sci- fight out of which it cannot negotiate bully a medium-sized city in America entific evidence. itself. We see this happening as if there because of some leftover jurisdiction Down the road, our sister city, Balti- were no past history to inform us not over its local affairs. No wonder that more, a much poorer city, has a better to do this again. there is palpable harm to the residents HIV/AIDS rate than the District of Co- We don’t know if we’ll be home for of this city. If you have the right to lumbia because Baltimore has been Christmas. We don’t know if the gov- bully, just like the bully in the school spending its own local funds, the way ernment will be shut down. We don’t yard, they are going to bully. most big cities have, for needle ex- know if there will be a payroll tax holi- But I come to the floor this evening change now for decades. Because we day, desperately needed by everybody to say that we will never let an occa- were a decade without the ability to do who works in the District of Columbia sion where Congress intrudes on our that—because some Members of this and in the United States. rights as American citizens go by with- House decided they did not want us to And we don’t know whether there out calling you on it. We may go down, do it, they took the lives of—they took will be unemployment insurance for but we will go down fighting. We will the lives of—residents of the District of everybody who lost their jobs and can’t not go silently into the night. Columbia and actively participated in find a job. And let me get this right be- Once again, on a controversial issue, the spread of the virus. cause this is quite astounding. For the House has insisted that the District Who are they to tell us in our juris- every four people looking for a job of Columbia be forbidden to spend its diction how we must attend to the today, there is one opening. That, of own local funds on abortion services health of our own local residents? What course, is because you have to do two for local women in the District of Co- do they know about it? By what rights things when you find yourself in the lumbia. The operative word here is do they come to their mandate, regard- predicament that the President found ‘‘local.’’ Over and over again, I will say less of the consequences, to tell us or himself in when he entered the White local: local money, local women. No any other local jurisdiction what must House. You’ve got to find a way to business of the Congress. be done or what we must do? Does the grow your economy with some spend- I can understand the strong feelings word ‘‘democracy’’ fall out of the ing in the short term, and you have to on this issue. Indeed, I respect them. English language when it comes to the find a way to cut spending and tax What I do not respect is your imposing people who live in the Nation’s Cap- yourself in the long term. Of course, your strong feelings on a jurisdiction ital? How do we put it back in? Does the other side understands the cutting not your own, on a jurisdiction over the mayor of the city, does the entire side. They don’t care, apparently, if the which you have no moral jurisdiction. city council have to keep being ar- economy goes down the drain because And so despite the District’s own rested in order to make the point, with they are about to recess without ever view that our most vulnerable women this picture sent all around the world having come before this Chamber with need the same access to all reproduc- showing what a lie ‘‘democracy’’ can be a jobs bill to grow the economy. tive services as other jurisdictions in our country? This Republican House has no major have, even if they have to spend their If the 112th House didn’t learn that legislation to show for a year’s worth own local money, and many do, even if you don’t raise taxes on the middle of work. It has been off on side issues; you are willing to spend your own local class, if they didn’t learn that those

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.072 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9003 who are unemployed should have un- own money. Letting D.C. take control floor, first of all, in solidarity with the employment insurance, I don’t know of its own budget would free time for residents of the District of Columbia to why I expect them to learn how they Congress to attend to national issues, read the statement in solidarity with should treat the 600,000 residents who while giving D.C. the local democracy the hunger strikers themselves. It’s live in the District of Columbia. that is given to every other American. very important to us, and I think Mr. I see that I’ve been joined on the Full legislative autonomy. Eliminate ELLISON’s coming to the floor does say floor by a good friend and colleague, the requirement for congressional re- to the District of Columbia that I’m and I want to thank Mr. ELLISON for view of new District laws. This redtape not alone here, that there are hundreds coming to the floor and yield time to subverts democracy and adds bureau- of Members, like Mr. ELLISON, for him at this time. cratic inefficiency to the processes of whom the issue of full democracy for Mr. ELLISON. Let me thank the gen- both Congress and D.C. Government. the District of Columbia is a priority. tlelady from Washington, D.C. We urge Congress to pass the District So here is a Member who is from the The message I have is very short. It’s of Columbia Legislative Autonomy Act Midwest, from Minnesota, who takes based on a group of young people who of 2011, H.R. 506. the time because the hunger strikers visited me in my office today, all from Full representation and voting rights have visited his office. They have vis- Washington, D.C. And they are on a in Congress. The people of D.C. do not ited my office, as well. They are young hunger strike and have not eaten any have a vote in the House or in the Sen- people doing something on their own. solid food for 8 days. I promised them ate. This deprives more than 600,000 No one would have said to anyone else, that I would not eat, either, starting Americans of an empowered voice in you ought to go on a hunger strike. tonight, and will not eat for 24 hours in our national legislature. This unjust But it does show you the desperation solidarity with their struggle. They situation has allowed Members of Con- that many in our city feel that among asked me to read a statement. gress who were not elected by the peo- us are some who, in order to call atten- The statement reads as follows: ‘‘Oc- ple of the District of Columbia to im- tion to this injustice in our country, cupy The Vote D.C. pose policies upon the citizens of D.C. have now taken to something beyond D.C. needs representation: Fast. that are not supported by the people. civil disobedience, to the ultimate kind Occupy the vote. Corrynf@occupydc We urge Congress to pass H.R. 266, the of sacrifice, when they have given up .org. District of Columbia Equal Representa- food now for 8 days. To: Those in Congress with a vote. tion Act of 2011. Again, I want you to know that this Regarding: Full democracy for the Politicians have attached riders re- is nothing that they have been asked citizens of D.C. lated to abortion funding and gun own- to do, not because I asked them to do Since its creation, our Capital, the ership to past bills that would expand it any more than I asked the residents bastion of American democracy, has real democracy for D.C. residents. of the District of Columbia, the mayor been handicapped from responding to These riders ultimately divert the dia- and members of the city council, to be the will of its citizens. Despite paying logue from democratic representation arrested in April on Capitol Hill. taxes to the Federal Government and and further disenfranchise Washing- f sending our citizens to fight and die in tonians. We demand that any such rid- b 1630 every war, Washingtonians have had no ers attached to the legislation above be voting representation in Congress, and What you have seen during the 112th presented not as mandates, but as ref- Congress is spontaneous reaction from have had to seek approval from people erendum proposals up for vote by the officials and residents of the District of they did not elect on all legislative and citizens of Washington, D.C. Columbia to spontaneous injustice budgetary matters. In other words, the Until D.C. realizes democracy as stip- from this House. so-called capital of the free world is ulated above, we will follow the exam- Importantly in what Mr. ELLISON America’s most disenfranchised juris- ples of Alice Paul, Mohandas Gandhi, read was the notion of budget auton- diction. and Anne Hazare, and will refuse all omy. The most immediate answer to More than 200 years after the Amer- food and consume only water in a con- the predicament we find ourselves in is ican Revolution, taxation without rep- tinuous hunger strike. In a gesture of the failure of Congress to acknowledge resentation—the foundational griev- transparency, we fast here, in the open, that our local budget has no business ance of our country—is still alive and at McPherson Square, Washington in this House. well in our Nation’s Capital. Washing- D.C., with a transparent 24-hour video I am very pleased that one Member, tonians pay higher per capita Federal livestream at occupythevotedc the chairman of the House Oversight income taxes than any State, yet we .tumblr.com. and Government Reform Committee, have no say in how Congress spends To consciously disenfranchise hun- Mr. ISSA, had the District before him in that money. dreds of thousands of American citi- the form of several of our public offi- It’s true that there was a time long zens is unjust and contrary to this cials and listened closely to their testi- ago when the Capital had few residents country’s principles. Democracy for mony. Their testimony, and the testi- outside of the legislators and first Fed- D.C. is not a political issue but a moral mony of witnesses called by the major- eral workers, who maintained represen- issue, not an issue of left or right but ity Republicans, went something like tation in their home States. But D.C. of representation and democracy. We this: that the District of Columbia’s fi- now has 600,000 taxed, yet voiceless, call on President Obama, House Over- nances and its budget are in better citizens. Not a Senator to hear them at sight Committee Chairman DARRELL shape than those of virtually any juris- the Hart Building, no voting Rep- ISSA, and the U.S. Congress to show diction in the United States. resentative in the House to stand for real leadership and give the Capital of Then witnesses from both sides said their concerns. this great country the voting represen- that the District does incur significant Based on the founding principles of tation and local democracy it deserves. problems. Those problems result from our democratic Nation, we the signees In solidarity with Occupy D.C. and the fact that the District has to do its demand that Washington, D.C., have people’s democratic movements the budget twice—first for itself, and then the long overdue freedoms of: world over, the Congress does its budget again. As Full budgetary autonomy. Congress Signed, Adrian Parson, Sam Jewler, a result, the bondholders charge the is overburdened and often stalemated Joe Gray, and Kelly Mears.’’ residents of the District of Columbia a by its responsibilities to the rest of the I only read what they asked me to premium because Congress requires the country. Yet, the D.C. Government read. And I commend their struggle District’s budget to come here. cannot spend its own tax dollars with- and will deny myself all food and all What does the Congress do with the out the approval of Congress. A bill water for 24 hours starting tonight in District’s budget when it comes here? proposed by Representative DARRELL solidarity with their struggle. Well, it certainly wouldn’t tamper with ISSA would free D.C.’s local budget I yield back to the gentlelady and a budget that has been put together by from congressional control. We urge thank her for her time. D.C. Council subcommittees, hearing Congress to pass this bill free of any Ms. NORTON. Well, I can’t thank the endless hours of testimony, then call- riders restricting how D.C. spends its gentleman enough for coming to the ing committees, then with give-and-

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.074 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9004 CONGRESSIONAL RECORD — HOUSE December 15, 2011 take from members of the council. amendment is gone; and, finally, that Sec. 2. Table of contents. Congress doesn’t feel it’s competent to under no circumstances, whatever hap- Sec. 3. References. do that, so what Congress does is to es- pens to the Federal Government, under Sec. 4. Statement of appropriations. sentially pass the budget as it is and no circumstances should the govern- Sec. 5. Availability of funds. use the fact that the budget is here for ment of a local jurisdiction, your Na- DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012 its own purposes and against the inter- tion’s capital, be shut down. ests of the residents of the District of Title I—Military Personnel f Title II—Operation and Maintenance Columbia. It uses the local D.C. budget GENERAL LEAVE Title III—Procurement to affix amendments—known as rid- Title IV—Research, Development, Test and ers—to keep the District from doing Ms. NORTON. Madam Speaker, I ask Evaluation what the District wants to do with its unanimous consent that all Members Title V—Revolving and Management Funds own local funds. I’m not here talking may have 5 legislative days in which to Title VI—Other Department of Defense Pro- about what the District wants to do revise and extend their remarks and in- grams with Federal funds; it’s what the Dis- clude extraneous material on the sub- Title VII—Related agencies trict wants to do with its own local Title VIII—General provisions ject of the Special Order by Mr. TERRY Title IX—Overseas contingency operations funds. of Nebraska, as well as on the subject And in order to make sure that the DIVISION B—ENERGY AND WATER DEVEL- of the Special Order by Ms. NORTON of OPMENT APPROPRIATIONS ACT, 2012 District gets the point, the District the District of Columbia. gets shut down if the Federal Govern- Title I—Corps of Engineers—Civil The SPEAKER pro tempore. Is there Title II—Department of the Interior ment decides to shut down. The very objection to the request of the gentle- Title III—Department of Energy threat of a shutdown has repercussions woman from the District of Columbia? Title IV—Independent agencies for the District’s finances, for those There was no objection. Title V—General provisions who hold its bonds, for those who hold f DIVISION C—FINANCIAL SERVICES AND its contracts. No city can afford that, GENERAL GOVERNMENT APPROPRIA- and certainly not the District of Co- RECESS TIONS ACT, 2012 lumbia. The SPEAKER pro tempore. Pursu- Title I—Department of the Treasury As a result, this situation has not ant to clause 12(a) of rule I, the Chair Title II—Executive Office of the President and only driven our own people to civil dis- declares the House in recess subject to Funds Appropriated to the Presi- obedience, it has driven them to follow dent the call of the Chair. Title III—The Judiciary the example of Mahatma Gandhi who, Accordingly (at 4 o’clock and 37 min- when things got bad enough, if you saw Title IV—District of Columbia utes p.m.), the House stood in recess Title V—Independent agencies the movie ‘‘Gandhi,’’ would simply stop subject to the call of the Chair. Title VI—General provisions—This Act eating. People would beg him to eat, Title VII—General provisions—Government- f and he would stop eating. And people wide would say, You must eat; you’re more b 2256 Title VIII—General provisions—District of Co- valuable if you’re alive, and he would lumbia not eat because he was trying to shame AFTER RECESS DIVISION D—DEPARTMENT OF HOMELAND the British Government into bringing The recess having expired, the House SECURITY APPROPRIATIONS ACT, 2012 democracy to India. And he succeeded was called to order by the Speaker pro Title I—Departmental management and oper- and has been, of course, the great icon tempore (Mr. DREIER) at 10 o’clock and ations of civil disobedience of various kinds. 56 minutes p.m. Title II—Security, enforcement, and investiga- tions But who would expect that public of- f ficials would have to engage in civil Title III—Protection, preparedness, response, disobedience here? Who would ever CONFERENCE REPORT ON H.R. 2055, and recovery CONSOLIDATED APPROPRIA- Title IV—Research and development, training, think that a hunger strike would be and services necessary in the United States of TIONS ACT, 2012 Title V—General provisions America? Not for some radical prin- Mr. ROGERS of Kentucky submitted DIVISION E—DEPARTMENT OF THE INTE- ciple, but for the first principle, the the following conference report and RIOR, ENVIRONMENT, AND RELATED principle upon which this country was statement on the bill (H.R. 2055) mak- AGENCIES APPROPRIATIONS ACT, 2012 founded: If it’s our money, we get to ing appropriations for military con- Title I—Department of the Interior decide what to do with our money, struction, the Department of Veterans Title II—Environmental Protection Agency King George—yes, and King Congress. Affairs, and related agencies for the fis- Title III—Related agencies May I inquire how much time I have cal year ending September 30, 2012, and Title IV—General provisions remaining? for other purposes: DIVISION F—DEPARTMENTS OF LABOR, The SPEAKER pro tempore. The gen- HEALTH AND HUMAN SERVICES, AND tlewoman has 1 minute remaining. CONFERENCE REPORT (H. REPT. 112–331) EDUCATION, AND RELATED AGENCIES Ms. NORTON. There is an answer to The committee of conference on the dis- APPROPRIATIONS ACT, 2012 this, and I thank Mr. ISSA for proposing agreeing votes of the two Houses on the Title I—Department of Labor a budget autonomy bill himself that amendment of the Senate to the bill (H.R. Title II—Department of Health and Human 2055), making appropriations for military Services mirrors my own budget autonomy construction, the Department of Veterans bill—with some differences to be sure, Title III—Department of Education Affairs, and related agencies for the fiscal Title IV—Related agencies in deference to the Congress. But this year ending September 30, 2012, and for other Title V—General provisions is a chairman of a committee who lis- purposes, having met, after full and free con- DIVISION G—LEGISLATIVE BRANCH ference, have agreed to recommend and do tened to the District, listened to wit- APPROPRIATIONS ACT, 2012 nesses, understood the harm imposed recommend to their respective Houses as fol- lows: Title I—Legislative branch on the District—not only the shut- Title II—General provisions down, not only, of course, the amend- That the House recede from its disagree- ment to the amendment of the Senate and DIVISION H—MILITARY CONSTRUCTION ments, but he was particularly im- agree to the same with an amendment as fol- AND VETERANS AFFAIRS AND RELATED pressed by the harm it does to the fi- lows: AGENCIES APPROPRIATIONS ACT, 2012 nances of a city that has done the right In lieu of the matter proposed to be in- Title I—Department of Defense thing by its own finances. serted by the Senate amendment, insert the Title II—Department of Veterans Affairs As we contemplate what will happen following: Title III—Related agencies in the next few hours, we ought to find SECTION 1. SHORT TITLE. Title IV—Overseas contingency operations a way to do two things if we do nothing This Act may be cited as the ‘‘Consolidated Title V—General provisions else: Make sure that the District budg- Appropriations Act, 2012’’. DIVISION I—DEPARTMENT OF STATE, FOR- et passes as the District would have SEC. 2. TABLE OF CONTENTS. EIGN OPERATIONS, AND RELATED PRO- it—not as any Member of this House The table of contents of this Act is as follows: GRAMS APPROPRIATIONS ACT, 2012 would have it—and that the abortion Sec. 1. Short title. Title I—Department of State and related agency

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6343 E:\CR\FM\K15DE7.075 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9005 Title II—United States Agency for International aviation cadets; for members of the Reserve Offi- sonnel of the Air National Guard on duty under Development cers’ Training Corps; and for payments pursu- section 10211, 10305, or 12402 of title 10 or section Title III—Bilateral economic assistance ant to section 156 of Public Law 97–377, as 708 of title 32, United States Code, or while serv- Title IV—International security assistance amended (42 U.S.C. 402 note), and to the De- ing on duty under section 12301(d) of title 10 or Title V—Multilateral assistance partment of Defense Military Retirement Fund, section 502(f) of title 32, United States Code, in Title VI—Export and investment assistance $28,096,708,000. connection with performing duty specified in Title VII—General provisions RESERVE PERSONNEL, ARMY section 12310(a) of title 10, United States Code, Title VIII—Overseas contingency operations For pay, allowances, clothing, subsistence, or while undergoing training, or while per- gratuities, travel, and related expenses for per- forming drills or equivalent duty or other duty, SEC. 3. REFERENCES. sonnel of the Army Reserve on active duty and expenses authorized by section 16131 of title Except as expressly provided otherwise, any under sections 10211, 10302, and 3038 of title 10, 10, United States Code; and for payments to the reference to ‘‘this Act’’ contained in any divi- United States Code, or while serving on active Department of Defense Military Retirement sion of this Act shall be treated as referring only duty under section 12301(d) of title 10, United Fund, $3,088,929,000. to the provisions of that division. States Code, in connection with performing duty TITLE II SEC. 4. STATEMENT OF APPROPRIATIONS. specified in section 12310(a) of title 10, United OPERATION AND MAINTENANCE States Code, or while undergoing reserve train- The following sums in this Act are appro- OPERATION AND MAINTENANCE, ARMY priated, out of any money in the Treasury not ing, or while performing drills or equivalent For expenses, not otherwise provided for, nec- otherwise appropriated, for the fiscal year end- duty or other duty, and expenses authorized by essary for the operation and maintenance of the ing September 30, 2012. section 16131 of title 10, United States Code; and for payments to the Department of Defense Mili- Army, as authorized by law; and not to exceed SEC. 5. AVAILABILITY OF FUNDS. tary Retirement Fund, $4,289,407,000. $12,478,000 can be used for emergencies and ex- Each amount designated in this Act by the RESERVE PERSONNEL, NAVY traordinary expenses, to be expended on the ap- Congress for Overseas Contingency Operations/ For pay, allowances, clothing, subsistence, proval or authority of the Secretary of the Global War on Terrorism pursuant to section Army, and payments may be made on his certifi- 251(b)(2)(A) of the Balanced Budget and Emer- gratuities, travel, and related expenses for per- sonnel of the Navy Reserve on active duty under cate of necessity for confidential military pur- gency Deficit Control Act of 1985 shall be avail- poses, $31,072,902,000. able (or rescinded, if applicable) only if the section 10211 of title 10, United States Code, or OPERATION AND MAINTENANCE, NAVY President subsequently so designates all such while serving on active duty under section 12301(d) of title 10, United States Code, in con- amounts and transmits such designations to the For expenses, not otherwise provided for, nec- nection with performing duty specified in sec- Congress. essary for the operation and maintenance of the tion 12310(a) of title 10, United States Code, or Navy and the Marine Corps, as authorized by DIVISION A—DEPARTMENT OF DEFENSE while undergoing reserve training, or while per- law; and not to exceed $14,804,000 can be used APPROPRIATIONS ACT, 2012 forming drills or equivalent duty, and expenses for emergencies and extraordinary expenses, to TITLE I authorized by section 16131 of title 10, United be expended on the approval or authority of the MILITARY PERSONNEL, ARMY States Code; and for payments to the Depart- Secretary of the Navy, and payments may be ment of Defense Military Retirement Fund, For pay, allowances, individual clothing, sub- made on his certificate of necessity for confiden- $1,935,544,000. sistence, interest on deposits, gratuities, perma- tial military purposes, $38,120,821,000. RESERVE PERSONNEL, MARINE CORPS nent change of station travel (including all ex- OPERATION AND MAINTENANCE, MARINE CORPS For pay, allowances, clothing, subsistence, penses thereof for organizational movements), For expenses, not otherwise provided for, nec- gratuities, travel, and related expenses for per- and expenses of temporary duty travel between essary for the operation and maintenance of the sonnel of the Marine Corps Reserve on active permanent duty stations, for members of the Marine Corps, as authorized by law, duty under section 10211 of title 10, United Army on active duty, (except members of reserve $5,542,937,000. components provided for elsewhere), cadets, and States Code, or while serving on active duty OPERATION AND MAINTENANCE, AIR FORCE aviation cadets; for members of the Reserve Offi- under section 12301(d) of title 10, United States cers’ Training Corps; and for payments pursu- Code, in connection with performing duty speci- For expenses, not otherwise provided for, nec- ant to section 156 of Public Law 97–377, as fied in section 12310(a) of title 10, United States essary for the operation and maintenance of the amended (42 U.S.C. 402 note), and to the De- Code, or while undergoing reserve training, or Air Force, as authorized by law; and not to ex- partment of Defense Military Retirement Fund, while performing drills or equivalent duty, and ceed $7,699,000 can be used for emergencies and $43,298,409,000. for members of the Marine Corps platoon leaders extraordinary expenses, to be expended on the class, and expenses authorized by section 16131 approval or authority of the Secretary of the Air MILITARY PERSONNEL, NAVY of title 10, United States Code; and for payments Force, and payments may be made on his certifi- For pay, allowances, individual clothing, sub- to the Department of Defense Military Retire- cate of necessity for confidential military pur- sistence, interest on deposits, gratuities, perma- ment Fund, $644,722,000. poses, $34,985,486,000. nent change of station travel (including all ex- RESERVE PERSONNEL, AIR FORCE OPERATION AND MAINTENANCE, DEFENSE-WIDE penses thereof for organizational movements), For pay, allowances, clothing, subsistence, (INCLUDING TRANSFER OF FUNDS) and expenses of temporary duty travel between gratuities, travel, and related expenses for per- permanent duty stations, for members of the sonnel of the Air Force Reserve on active duty For expenses, not otherwise provided for, nec- Navy on active duty (except members of the Re- under sections 10211, 10305, and 8038 of title 10, essary for the operation and maintenance of ac- serve provided for elsewhere), midshipmen, and United States Code, or while serving on active tivities and agencies of the Department of De- aviation cadets; for members of the Reserve Offi- duty under section 12301(d) of title 10, United fense (other than the military departments), as cers’ Training Corps; and for payments pursu- States Code, in connection with performing duty authorized by law, $30,152,008,000: Provided, ant to section 156 of Public Law 97–377, as specified in section 12310(a) of title 10, United That not more than $47,026,000 may be used for amended (42 U.S.C. 402 note), and to the De- States Code, or while undergoing reserve train- the Combatant Commander Initiative Fund au- partment of Defense Military Retirement Fund, ing, or while performing drills or equivalent thorized under section 166a of title 10, United $26,803,334,000. duty or other duty, and expenses authorized by States Code: Provided further, That not to ex- MILITARY PERSONNEL, MARINE CORPS section 16131 of title 10, United States Code; and ceed $36,000,000 can be used for emergencies and extraordinary expenses, to be expended on the For pay, allowances, individual clothing, sub- for payments to the Department of Defense Mili- approval or authority of the Secretary of De- sistence, interest on deposits, gratuities, perma- tary Retirement Fund, $1,712,705,000. fense, and payments may be made on his certifi- nent change of station travel (including all ex- NATIONAL GUARD PERSONNEL, ARMY cate of necessity for confidential military pur- penses thereof for organizational movements), For pay, allowances, clothing, subsistence, poses: Provided further, That of the funds pro- and expenses of temporary duty travel between gratuities, travel, and related expenses for per- vided under this heading, not less than permanent duty stations, for members of the sonnel of the Army National Guard while on $34,311,000 shall be made available for the Pro- Marine Corps on active duty (except members of duty under section 10211, 10302, or 12402 of title curement Technical Assistance Cooperative the Reserve provided for elsewhere); and for 10 or section 708 of title 32, United States Code, Agreement Program, of which not less than payments pursuant to section 156 of Public Law or while serving on duty under section 12301(d) $3,600,000 shall be available for centers defined 97–377, as amended (42 U.S.C. 402 note), and to of title 10 or section 502(f) of title 32, United in 10 U.S.C. 2411(1)(D): Provided further, That the Department of Defense Military Retirement States Code, in connection with performing duty none of the funds appropriated or otherwise Fund, $13,635,136,000. specified in section 12310(a) of title 10, United made available by this Act may be used to plan MILITARY PERSONNEL, AIR FORCE States Code, or while undergoing training, or or implement the consolidation of a budget or For pay, allowances, individual clothing, sub- while performing drills or equivalent duty or appropriations liaison office of the Office of the sistence, interest on deposits, gratuities, perma- other duty, and expenses authorized by section Secretary of Defense, the office of the Secretary nent change of station travel (including all ex- 16131 of title 10, United States Code; and for of a military department, or the service head- penses thereof for organizational movements), payments to the Department of Defense Military quarters of one of the Armed Forces into a legis- and expenses of temporary duty travel between Retirement Fund, $7,585,645,000. lative affairs or legislative liaison office: Pro- permanent duty stations, for members of the Air NATIONAL GUARD PERSONNEL, AIR FORCE vided further, That $8,420,000, to remain avail- Force on active duty (except members of reserve For pay, allowances, clothing, subsistence, able until expended, is available only for ex- components provided for elsewhere), cadets, and gratuities, travel, and related expenses for per- penses relating to certain classified activities,

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9006 CONGRESSIONAL RECORD — HOUSE December 15, 2011 and may be transferred as necessary by the Sec- nished from stocks under the control of agencies ing is in addition to any other transfer author- retary of Defense to operation and maintenance of the Department of Defense; travel expenses ity provided elsewhere in this Act. appropriations or research, development, test (other than mileage) on the same basis as au- ENVIRONMENTAL RESTORATION, DEFENSE-WIDE and evaluation appropriations, to be merged thorized by law for Air National Guard per- (INCLUDING TRANSFER OF FUNDS) with and to be available for the same time pe- sonnel on active Federal duty, for Air National riod as the appropriations to which transferred: Guard commanders while inspecting units in For the Department of Defense, $10,716,000, to Provided further, That any ceiling on the in- compliance with National Guard Bureau regula- remain available until transferred: Provided, vestment item unit cost of items that may be tions when specifically authorized by the Chief, That the Secretary of Defense shall, upon deter- purchased with operation and maintenance National Guard Bureau, $6,098,780,000. mining that such funds are required for envi- ronmental restoration, reduction and recycling funds shall not apply to the funds described in UNITED STATES COURT OF APPEALS FOR THE of hazardous waste, removal of unsafe buildings the preceding proviso: Provided further, That ARMED FORCES the transfer authority provided under this head- and debris of the Department of Defense, or for For salaries and expenses necessary for the similar purposes, transfer the funds made avail- ing is in addition to any other transfer author- United States Court of Appeals for the Armed ity provided elsewhere in this Act. able by this appropriation to other appropria- Forces, $13,861,000, of which not to exceed $5,000 tions made available to the Department of De- OPERATION AND MAINTENANCE, ARMY RESERVE may be used for official representation purposes. fense, to be merged with and to be available for For expenses, not otherwise provided for, nec- ENVIRONMENTAL RESTORATION, ARMY the same purposes and for the same time period essary for the operation and maintenance, in- (INCLUDING TRANSFER OF FUNDS) as the appropriations to which transferred: Pro- cluding training, organization, and administra- vided further, That upon a determination that tion, of the Army Reserve; repair of facilities For the Department of the Army, $346,031,000, to remain available until transferred: Provided, all or part of the funds transferred from this ap- and equipment; hire of passenger motor vehicles; propriation are not necessary for the purposes travel and transportation; care of the dead; re- That the Secretary of the Army shall, upon de- termining that such funds are required for envi- provided herein, such amounts may be trans- cruiting; procurement of services, supplies, and ferred back to this appropriation: Provided fur- equipment; and communications, $3,071,733,000. ronmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings ther, That the transfer authority provided OPERATION AND MAINTENANCE, NAVY RESERVE and debris of the Department of the Army, or under this heading is in addition to any other For expenses, not otherwise provided for, nec- for similar purposes, transfer the funds made transfer authority provided elsewhere in this essary for the operation and maintenance, in- available by this appropriation to other appro- Act. cluding training, organization, and administra- priations made available to the Department of ENVIRONMENTAL RESTORATION, FORMERLY USED tion, of the Navy Reserve; repair of facilities the Army, to be merged with and to be available DEFENSE SITES and equipment; hire of passenger motor vehicles; for the same purposes and for the same time pe- (INCLUDING TRANSFER OF FUNDS) travel and transportation; care of the dead; re- riod as the appropriations to which transferred: For the Department of the Army, $326,495,000, cruiting; procurement of services, supplies, and Provided further, That upon a determination equipment; and communications, $1,305,134,000. to remain available until transferred: Provided, that all or part of the funds transferred from That the Secretary of the Army shall, upon de- OPERATION AND MAINTENANCE, MARINE CORPS this appropriation are not necessary for the pur- termining that such funds are required for envi- RESERVE poses provided herein, such amounts may be ronmental restoration, reduction and recycling For expenses, not otherwise provided for, nec- transferred back to this appropriation: Provided of hazardous waste, removal of unsafe buildings essary for the operation and maintenance, in- further, That the transfer authority provided and debris at sites formerly used by the Depart- cluding training, organization, and administra- under this heading is in addition to any other ment of Defense, transfer the funds made avail- tion, of the Marine Corps Reserve; repair of fa- transfer authority provided elsewhere in this able by this appropriation to other appropria- cilities and equipment; hire of passenger motor Act. tions made available to the Department of the vehicles; travel and transportation; care of the ENVIRONMENTAL RESTORATION, NAVY Army, to be merged with and to be available for dead; recruiting; procurement of services, sup- (INCLUDING TRANSFER OF FUNDS) the same purposes and for the same time period plies, and equipment; and communications, For the Department of the Navy, $308,668,000, as the appropriations to which transferred: Pro- $271,443,000. to remain available until transferred: Provided, vided further, That upon a determination that OPERATION AND MAINTENANCE, AIR FORCE That the Secretary of the Navy shall, upon de- all or part of the funds transferred from this ap- RESERVE termining that such funds are required for envi- propriation are not necessary for the purposes For expenses, not otherwise provided for, nec- ronmental restoration, reduction and recycling provided herein, such amounts may be trans- essary for the operation and maintenance, in- of hazardous waste, removal of unsafe buildings ferred back to this appropriation: Provided fur- cluding training, organization, and administra- and debris of the Department of the Navy, or for ther, That the transfer authority provided tion, of the Air Force Reserve; repair of facilities similar purposes, transfer the funds made avail- under this heading is in addition to any other and equipment; hire of passenger motor vehicles; able by this appropriation to other appropria- transfer authority provided elsewhere in this travel and transportation; care of the dead; re- tions made available to the Department of the Act. cruiting; procurement of services, supplies, and Navy, to be merged with and to be available for OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC equipment; and communications, $3,274,359,000. the same purposes and for the same time period AID OPERATION AND MAINTENANCE, ARMY NATIONAL as the appropriations to which transferred: Pro- For expenses relating to the Overseas Human- GUARD vided further, That upon a determination that itarian, Disaster, and Civic Aid programs of the For expenses of training, organizing, and ad- all or part of the funds transferred from this ap- Department of Defense (consisting of the pro- ministering the Army National Guard, including propriation are not necessary for the purposes grams provided under sections 401, 402, 404, 407, medical and hospital treatment and related ex- provided herein, such amounts may be trans- 2557, and 2561 of title 10, United States Code), penses in non-Federal hospitals; maintenance, ferred back to this appropriation: Provided fur- $107,662,000, to remain available until September operation, and repairs to structures and facili- ther, That the transfer authority provided 30, 2013. under this heading is in addition to any other ties; hire of passenger motor vehicles; personnel COOPERATIVE THREAT REDUCTION ACCOUNT services in the National Guard Bureau; travel transfer authority provided elsewhere in this Act. For assistance to the republics of the former expenses (other than mileage), as authorized by Soviet Union and, with appropriate authoriza- law for Army personnel on active duty, for ENVIRONMENTAL RESTORATION, AIR FORCE tion by the Department of Defense and Depart- Army National Guard division, regimental, and (INCLUDING TRANSFER OF FUNDS) ment of State, to countries outside of the former battalion commanders while inspecting units in For the Department of the Air Force, Soviet Union, including assistance provided by compliance with National Guard Bureau regula- $525,453,000, to remain available until trans- contract or by grants, for facilitating the elimi- tions when specifically authorized by the Chief, ferred: Provided, That the Secretary of the Air nation and the safe and secure transportation National Guard Bureau; supplying and equip- Force shall, upon determining that such funds and storage of nuclear, chemical and other ping the Army National Guard as authorized by are required for environmental restoration, re- weapons; for establishing programs to prevent law; and expenses of repair, modification, main- duction and recycling of hazardous waste, re- the proliferation of weapons, weapons compo- tenance, and issue of supplies and equipment moval of unsafe buildings and debris of the De- nents, and weapon-related technology and ex- (including aircraft), $6,924,932,000. partment of the Air Force, or for similar pur- pertise; for programs relating to the training OPERATION AND MAINTENANCE, AIR NATIONAL poses, transfer the funds made available by this and support of defense and military personnel GUARD appropriation to other appropriations made for demilitarization and protection of weapons, For expenses of training, organizing, and ad- available to the Department of the Air Force, to weapons components and weapons technology ministering the Air National Guard, including be merged with and to be available for the same and expertise, and for defense and military con- medical and hospital treatment and related ex- purposes and for the same time period as the ap- tacts, $508,219,000, to remain available until Sep- penses in non-Federal hospitals; maintenance, propriations to which transferred: Provided fur- tember 30, 2014: Provided, That of the amounts operation, and repairs to structures and facili- ther, That upon a determination that all or part provided under this heading, not less than ties; transportation of things, hire of passenger of the funds transferred from this appropriation $13,500,000 shall be available only to support the motor vehicles; supplying and equipping the Air are not necessary for the purposes provided dismantling and disposal of nuclear submarines, National Guard, as authorized by law; expenses herein, such amounts may be transferred back submarine reactor components, and security en- for repair, modification, maintenance, and issue to this appropriation: Provided further, That hancements for transport and storage of nuclear of supplies and equipment, including those fur- the transfer authority provided under this head- warheads in the Russian Far East and North.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9007

DEPARTMENT OF DEFENSE ACQUISITION placement only; communications and electronic DDG–1000 Program, $453,727,000; WORKFORCE DEVELOPMENT FUND equipment; other support equipment; spare DDG–51 Destroyer, $1,980,709,000; For the Department of Defense Acquisition parts, ordnance, and accessories therefor; spe- DDG–51 Destroyer (AP), $100,723,000; Workforce Development Fund, $105,501,000. cialized equipment and training devices; expan- Littoral Combat Ship, $1,755,093,000; sion of public and private plants, including the LPD–17, $1,837,444,000; TITLE III land necessary therefor, for the foregoing pur- LHA–Replacement, $1,999,191,000; PROCUREMENT poses, and such lands and interests therein, may Joint High Speed Vessel, $372,332,000; AIRCRAFT PROCUREMENT, ARMY be acquired, and construction prosecuted there- Oceanographic Ships, $89,000,000; Moored Training Ship, $131,200,000; For construction, procurement, production, on prior to approval of title; and procurement LCAC Service Life Extension Program, modification, and modernization of aircraft, and installation of equipment, appliances, and $84,076,000; equipment, including ordnance, ground han- machine tools in public and private plants; re- Service Craft, $3,863,000; and dling equipment, spare parts, and accessories serve plant and Government and contractor- For outfitting, post delivery, conversions, and therefor; specialized equipment and training de- owned equipment layaway; and other expenses first destination transportation, $270,639,000. vices; expansion of public and private plants, necessary for the foregoing purposes, Completion of Prior Year Shipbuilding Pro- including the land necessary therefor, for the $7,924,214,000, to remain available for obligation until September 30, 2014. grams, $73,992,000. foregoing purposes, and such lands and inter- In all: $14,919,114,000, to remain available for AIRCRAFT PROCUREMENT, NAVY ests therein, may be acquired, and construction obligation until September 30, 2016: Provided, prosecuted thereon prior to approval of title; For construction, procurement, production, That additional obligations may be incurred and procurement and installation of equipment, modification, and modernization of aircraft, after September 30, 2016, for engineering serv- appliances, and machine tools in public and pri- equipment, including ordnance, spare parts, ices, tests, evaluations, and other such budgeted vate plants; reserve plant and Government and and accessories therefor; specialized equipment; work that must be performed in the final stage contractor-owned equipment layaway; and expansion of public and private plants, includ- of ship construction: Provided further, That other expenses necessary for the foregoing pur- ing the land necessary therefor, and such lands none of the funds provided under this heading poses, $5,360,334,000, to remain available for ob- and interests therein, may be acquired, and con- for the construction or conversion of any naval ligation until September 30, 2014. struction prosecuted thereon prior to approval vessel to be constructed in shipyards in the MISSILE PROCUREMENT, ARMY of title; and procurement and installation of United States shall be expended in foreign fa- For construction, procurement, production, equipment, appliances, and machine tools in cilities for the construction of major components modification, and modernization of missiles, public and private plants; reserve plant and of such vessel: Provided further, That none of equipment, including ordnance, ground han- Government and contractor-owned equipment the funds provided under this heading shall be dling equipment, spare parts, and accessories layaway, $17,675,734,000, to remain available for used for the construction of any naval vessel in therefor; specialized equipment and training de- obligation until September 30, 2014. foreign shipyards. vices; expansion of public and private plants, WEAPONS PROCUREMENT, NAVY OTHER PROCUREMENT, NAVY including the land necessary therefor, for the For construction, procurement, production, For procurement, production, and moderniza- foregoing purposes, and such lands and inter- modification, and modernization of missiles, tor- tion of support equipment and materials not ests therein, may be acquired, and construction pedoes, other weapons, and related support otherwise provided for, Navy ordnance (except prosecuted thereon prior to approval of title; equipment including spare parts, and acces- ordnance for new aircraft, new ships, and ships and procurement and installation of equipment, sories therefor; expansion of public and private authorized for conversion); the purchase of pas- appliances, and machine tools in public and pri- plants, including the land necessary therefor, senger motor vehicles for replacement only; ex- vate plants; reserve plant and Government and and such lands and interests therein, may be ac- pansion of public and private plants, including contractor-owned equipment layaway; and quired, and construction prosecuted thereon the land necessary therefor, and such lands and other expenses necessary for the foregoing pur- prior to approval of title; and procurement and interests therein, may be acquired, and con- poses, $1,461,223,000, to remain available for ob- installation of equipment, appliances, and ma- struction prosecuted thereon prior to approval ligation until September 30, 2014. chine tools in public and private plants; reserve of title; and procurement and installation of PROCUREMENT OF WEAPONS AND TRACKED plant and Government and contractor-owned equipment, appliances, and machine tools in COMBAT VEHICLES, ARMY equipment layaway, $3,224,432,000, to remain public and private plants; reserve plant and available for obligation until September 30, 2014. For construction, procurement, production, Government and contractor-owned equipment and modification of weapons and tracked com- PROCUREMENT OF AMMUNITION, NAVY AND layaway, $6,013,385,000, to remain available for bat vehicles, equipment, including ordnance, MARINE CORPS obligation until September 30, 2014. spare parts, and accessories therefor; specialized For construction, procurement, production, PROCUREMENT, MARINE CORPS and modification of ammunition, and acces- equipment and training devices; expansion of For expenses necessary for the procurement, sories therefor; specialized equipment and train- public and private plants, including the land manufacture, and modification of missiles, ar- ing devices; expansion of public and private necessary therefor, for the foregoing purposes, mament, military equipment, spare parts, and plants, including ammunition facilities, author- and such lands and interests therein, may be ac- accessories therefor; plant equipment, appli- ized by section 2854 of title 10, United States quired, and construction prosecuted thereon ances, and machine tools, and installation Code, and the land necessary therefor, for the prior to approval of title; and procurement and thereof in public and private plants; reserve foregoing purposes, and such lands and inter- installation of equipment, appliances, and ma- plant and Government and contractor-owned ests therein, may be acquired, and construction chine tools in public and private plants; reserve equipment layaway; vehicles for the Marine prosecuted thereon prior to approval of title; plant and Government and contractor-owned Corps, including the purchase of passenger and procurement and installation of equipment, equipment layaway; and other expenses nec- motor vehicles for replacement only; and expan- appliances, and machine tools in public and pri- essary for the foregoing purposes, $2,070,405,000, sion of public and private plants, including land vate plants; reserve plant and Government and to remain available for obligation until Sep- necessary therefor, and such lands and interests contractor-owned equipment layaway; and tember 30, 2014. therein, may be acquired, and construction other expenses necessary for the foregoing pur- PROCUREMENT OF AMMUNITION, ARMY prosecuted thereon prior to approval of title, poses, $626,848,000, to remain available for obli- $1,422,570,000, to remain available for obligation For construction, procurement, production, gation until September 30, 2014. and modification of ammunition, and acces- until September 30, 2014. SHIPBUILDING AND CONVERSION, NAVY sories therefor; specialized equipment and train- AIRCRAFT PROCUREMENT, AIR FORCE For expenses necessary for the construction, ing devices; expansion of public and private (INCLUDING TRANSFER OF FUNDS) plants, including ammunition facilities, author- acquisition, or conversion of vessels as author- For construction, procurement, and modifica- ized by section 2854 of title 10, United States ized by law, including armor and armament tion of aircraft and equipment, including armor Code, and the land necessary therefor, for the thereof, plant equipment, appliances, and ma- and armament, specialized ground handling foregoing purposes, and such lands and inter- chine tools and installation thereof in public equipment, and training devices, spare parts, ests therein, may be acquired, and construction and private plants; reserve plant and Govern- and accessories therefor; specialized equipment; prosecuted thereon prior to approval of title; ment and contractor-owned equipment layaway; expansion of public and private plants, Govern- and procurement and installation of equipment, procurement of critical, long lead time compo- ment-owned equipment and installation thereof appliances, and machine tools in public and pri- nents and designs for vessels to be constructed in such plants, erection of structures, and ac- vate plants; reserve plant and Government and or converted in the future; and expansion of quisition of land, for the foregoing purposes, contractor-owned equipment layaway; and public and private plants, including land nec- and such lands and interests therein, may be ac- other expenses necessary for the foregoing pur- essary therefor, and such lands and interests quired, and construction prosecuted thereon poses, $1,884,424,000, to remain available for ob- therein, may be acquired, and construction prior to approval of title; reserve plant and Gov- ligation until September 30, 2014. prosecuted thereon prior to approval of title, as follows: ernment and contractor-owned equipment lay- THER PROCUREMENT, ARMY O Carrier Replacement Program (AP), away; and other expenses necessary for the For construction, procurement, production, $554,798,000; foregoing purposes including rents and trans- and modification of vehicles, including tactical, Virginia Class Submarine, $3,221,314,000; portation of things, $12,950,000,000, to remain support, and non-tracked combat vehicles; the Virginia Class Submarine (AP), $1,461,361,000; available for obligation until September 30, 2014: purchase of passenger motor vehicles for re- CVN Refuelings (AP), $529,652,000; Provided, That of the amount made available

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9008 CONGRESSIONAL RECORD — HOUSE December 15, 2011 under this heading, $63,500,000 made available 2078, 2091, 2092, and 2093), $169,964,000, to re- TITLE V for C–130J aircraft shall be transferred to the main available until expended. REVOLVING AND MANAGEMENT FUNDS Department of Homeland Security, Coast Guard, TITLE IV DEFENSE WORKING CAPITAL FUNDS ‘‘Acquisition, Construction, and Improvements’’: Provided further, That the transfer authority RESEARCH, DEVELOPMENT, TEST AND For the Defense Working Capital Funds, provided under this heading is in addition to EVALUATION $1,575,010,000. NATIONAL DEFENSE SEALIFT FUND any other transfer authority provided elsewhere RESEARCH, DEVELOPMENT, TEST AND in this Act. EVALUATION, ARMY For National Defense Sealift Fund programs, MISSILE PROCUREMENT, AIR FORCE projects, and activities, and for expenses of the For expenses necessary for basic and applied National Defense Reserve Fleet, as established For construction, procurement, and modifica- scientific research, development, test and eval- by section 11 of the Merchant Ship Sales Act of tion of missiles, spacecraft, rockets, and related uation, including maintenance, rehabilitation, 1946 (50 U.S.C. App. 1744), and for the necessary equipment, including spare parts and acces- lease, and operation of facilities and equipment, expenses to maintain and preserve a U.S.-flag sories therefor, ground handling equipment, and $8,745,492,000, to remain available for obligation merchant fleet to serve the national security training devices; expansion of public and pri- until September 30, 2013. needs of the United States, $1,100,519,000, to re- vate plants, Government-owned equipment and main available until expended: Provided, That installation thereof in such plants, erection of RESEARCH, DEVELOPMENT, TEST AND none of the funds provided in this paragraph structures, and acquisition of land, for the fore- EVALUATION, NAVY shall be used to award a new contract that pro- going purposes, and such lands and interests For expenses necessary for basic and applied vides for the acquisition of any of the following therein, may be acquired, and construction scientific research, development, test and eval- major components unless such components are prosecuted thereon prior to approval of title; re- uation, including maintenance, rehabilitation, manufactured in the United States: auxiliary serve plant and Government and contractor- lease, and operation of facilities and equipment, equipment, including pumps, for all shipboard owned equipment layaway; and other expenses $17,753,940,000, to remain available for obliga- services; propulsion system components (en- necessary for the foregoing purposes including tion until September 30, 2013: Provided, That gines, reduction gears, and propellers); ship- rents and transportation of things, funds appropriated in this paragraph which are board cranes; and spreaders for shipboard $6,080,877,000, to remain available for obligation available for the V–22 may be used to meet cranes: Provided further, That the exercise of until September 30, 2014. unique operational requirements of the Special an option in a contract awarded through the Operations Forces: Provided further, That funds PROCUREMENT OF AMMUNITION, AIR FORCE obligation of previously appropriated funds appropriated in this paragraph shall be avail- For construction, procurement, production, shall not be considered to be the award of a new able for the Cobra Judy program. and modification of ammunition, and acces- contract: Provided further, That the Secretary sories therefor; specialized equipment and train- RESEARCH, DEVELOPMENT, TEST AND of the military department responsible for such ing devices; expansion of public and private EVALUATION, AIR FORCE procurement may waive the restrictions in the plants, including ammunition facilities, author- For expenses necessary for basic and applied first proviso on a case-by-case basis by certi- ized by section 2854 of title 10, United States scientific research, development, test and eval- fying in writing to the Committees on Appro- Code, and the land necessary therefor, for the uation, including maintenance, rehabilitation, priations of the House of Representatives and foregoing purposes, and such lands and inter- lease, and operation of facilities and equipment, the Senate that adequate domestic supplies are ests therein, may be acquired, and construction $26,535,996,000, to remain available for obliga- not available to meet Department of Defense re- prosecuted thereon prior to approval of title; tion until September 30, 2013. quirements on a timely basis and that such an and procurement and installation of equipment, acquisition must be made in order to acquire ca- appliances, and machine tools in public and pri- RESEARCH, DEVELOPMENT, TEST AND pability for national security purposes. EVALUATION, DEFENSE-WIDE vate plants; reserve plant and Government and TITLE VI contractor-owned equipment layaway; and (INCLUDING TRANSFER OF FUNDS) OTHER DEPARTMENT OF DEFENSE other expenses necessary for the foregoing pur- For expenses of activities and agencies of the PROGRAMS poses, $499,185,000, to remain available for obli- Department of Defense (other than the military gation until September 30, 2014. DEFENSE HEALTH PROGRAM departments), necessary for basic and applied OTHER PROCUREMENT, AIR FORCE For expenses, not otherwise provided for, for scientific research, development, test and eval- medical and health care programs of the De- For procurement and modification of equip- uation; advanced research projects as may be partment of Defense as authorized by law, ment (including ground guidance and electronic designated and determined by the Secretary of $32,482,059,000; of which $30,582,235,000 shall be control equipment, and ground electronic and Defense, pursuant to law; maintenance, reha- for operation and maintenance, of which not to communication equipment), and supplies, mate- bilitation, lease, and operation of facilities and exceed 1 percent shall remain available until rials, and spare parts therefor, not otherwise equipment, $19,193,955,000, to remain available September 30, 2013, and of which up to provided for; the purchase of passenger motor for obligation until September 30, 2013: Pro- $16,512,141,000 may be available for contracts vehicles for replacement only; lease of passenger vided, That of the funds made available in this entered into under the TRICARE program; of motor vehicles; and expansion of public and pri- paragraph, $200,000,000 for the Defense Rapid which $632,518,000, to remain available for obli- vate plants, Government-owned equipment and Innovation Program shall only be available for gation until September 30, 2014, shall be for pro- installation thereof in such plants, erection of expenses, not otherwise provided for, to include curement; and of which $1,267,306,000, to remain structures, and acquisition of land, for the fore- program management and oversight, to conduct available for obligation until September 30, 2013, going purposes, and such lands and interests research, development, test and evaluation to shall be for research, development, test and therein, may be acquired, and construction include proof of concept demonstration; engi- evaluation: Provided, That, notwithstanding prosecuted thereon, prior to approval of title; re- neering, testing, and validation; and transition any other provision of law, of the amount made serve plant and Government and contractor- to full-scale production: Provided further, That available under this heading for research, devel- owned equipment layaway, $17,403,564,000, to the Secretary of Defense may transfer funds opment, test and evaluation, not less than remain available for obligation until September provided herein for the Defense Rapid Innova- $8,000,000 shall be available for HIV prevention 30, 2014. tion Program to appropriations for research, de- educational activities undertaken in connection PROCUREMENT, DEFENSE-WIDE velopment, test and evaluation to accomplish with United States military training, exercises, For expenses of activities and agencies of the the purpose provided herein: Provided further, and humanitarian assistance activities con- Department of Defense (other than the military That this transfer authority is in addition to ducted primarily in African nations. departments) necessary for procurement, pro- any other transfer authority available to the Department of Defense: Provided further, That CHEMICAL AGENTS AND MUNITIONS duction, and modification of equipment, sup- DESTRUCTION, DEFENSE plies, materials, and spare parts therefor, not the Secretary of Defense shall, not fewer than 30 For expenses, not otherwise provided for, nec- otherwise provided for; the purchase of pas- days prior to making transfers from this appro- essary for the destruction of the United States senger motor vehicles for replacement only; ex- priation, notify the congressional defense com- stockpile of lethal chemical agents and muni- pansion of public and private plants, equip- mittees in writing of the details of any such tions in accordance with the provisions of sec- ment, and installation thereof in such plants, transfer. tion 1412 of the Department of Defense Author- erection of structures, and acquisition of land OPERATIONAL TEST AND EVALUATION, DEFENSE ization Act, 1986 (50 U.S.C. 1521), and for the for the foregoing purposes, and such lands and For expenses, not otherwise provided for, nec- destruction of other chemical warfare materials interests therein, may be acquired, and con- essary for the independent activities of the Di- that are not in the chemical weapon stockpile, struction prosecuted thereon prior to approval rector, Operational Test and Evaluation, in the $1,554,422,000, of which $1,147,691,000 shall be of title; reserve plant and Government and con- direction and supervision of operational test for operation and maintenance, of which no less tractor-owned equipment layaway, and evaluation, including initial operational than $71,211,000, shall be for the Chemical $4,893,428,000, to remain available for obligation test and evaluation which is conducted prior to, Stockpile Emergency Preparedness Program, until September 30, 2014. and in support of, production decisions; joint consisting of $19,211,000 for activities on military DEFENSE PRODUCTION ACT PURCHASES operational testing and evaluation; and admin- installations and $52,000,000, to remain available For activities by the Department of Defense istrative expenses in connection therewith, until September 30, 2013, to assist State and pursuant to sections 108, 301, 302, and 303 of the $191,292,000, to remain available for obligation local governments and $406,731,000, to remain Defense Production Act of 1950 (50 U.S.C. App. until September 30, 2013. available until September 30, 2013, shall be for

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9009 research, development, test and evaluation, of whichever is higher: Provided further, That this plication of reprogramming and transfer au- which $401,768,000 shall only be for the Assem- section shall not apply to Department of De- thorities for fiscal year 2012: Provided, That the bled Chemical Weapons Alternatives (ACWA) fense foreign service national employees serving report shall include— program. at United States diplomatic missions whose pay (1) a table for each appropriation with a sepa- DRUG INTERDICTION AND COUNTER-DRUG is set by the Department of State under the For- rate column to display the President’s budget re- ACTIVITIES, DEFENSE eign Service Act of 1980: Provided further, That quest, adjustments made by Congress, adjust- the limitations of this provision shall not apply ments due to enacted rescissions, if appropriate, (INCLUDING TRANSFER OF FUNDS) to foreign national employees of the Department and the fiscal year enacted level; For drug interdiction and counter-drug activi- of Defense in the Republic of Turkey. (2) a delineation in the table for each appro- ties of the Department of Defense, for transfer SEC. 8003. No part of any appropriation con- priation both by budget activity and program, to appropriations available to the Department of tained in this Act shall remain available for ob- project, and activity as detailed in the Budget Defense for military personnel of the reserve ligation beyond the current fiscal year, unless Appendix; and components serving under the provisions of title expressly so provided herein. (3) an identification of items of special con- 10 and title 32, United States Code; for operation SEC. 8004. No more than 20 percent of the ap- gressional interest. (b) Notwithstanding section 8005 of this Act, and maintenance; for procurement; and for re- propriations in this Act which are limited for none of the funds provided in this Act shall be search, development, test and evaluation, obligation during the current fiscal year shall be available for reprogramming or transfer until $1,209,620,000: Provided, That the funds appro- obligated during the last 2 months of the fiscal the report identified in subsection (a) is sub- priated under this heading shall be available for year: Provided, That this section shall not apply mitted to the congressional defense committees, obligation for the same time period and for the to obligations for support of active duty training unless the Secretary of Defense certifies in writ- same purpose as the appropriation to which of reserve components or summer camp training ing to the congressional defense committees that transferred: Provided further, That upon a de- of the Reserve Officers’ Training Corps. termination that all or part of the funds trans- such reprogramming or transfer is necessary as (TRANSFER OF FUNDS) ferred from this appropriation are not necessary an emergency requirement. for the purposes provided herein, such amounts SEC. 8005. Upon determination by the Sec- (TRANSFER OF FUNDS) may be transferred back to this appropriation: retary of Defense that such action is necessary SEC. 8008. During the current fiscal year, cash Provided further, That the transfer authority in the national interest, he may, with the ap- balances in working capital funds of the De- provided under this heading is in addition to proval of the Office of Management and Budget, partment of Defense established pursuant to sec- any other transfer authority contained else- transfer not to exceed $3,750,000,000 of working tion 2208 of title 10, United States Code, may be where in this Act: Provided further, That capital funds of the Department of Defense or maintained in only such amounts as are nec- $23,000,000 may not be obligated or expended funds made available in this Act to the Depart- essary at any time for cash disbursements to be until the Secretary of Defense submits an imple- ment of Defense for military functions (except made from such funds: Provided, That transfers mentation plan for the expansion of prescription military construction) between such appropria- may be made between such funds: Provided fur- drug testing to the congressional defense com- tions or funds or any subdivision thereof, to be ther, That transfers may be made between work- mittees. merged with and to be available for the same ing capital funds and the ‘‘Foreign Currency purposes, and for the same time period, as the OFFICE OF THE INSPECTOR GENERAL Fluctuations, Defense’’ appropriation and the appropriation or fund to which transferred: ‘‘Operation and Maintenance’’ appropriation For expenses and activities of the Office of the Provided, That such authority to transfer may accounts in such amounts as may be determined Inspector General in carrying out the provisions not be used unless for higher priority items, by the Secretary of Defense, with the approval of the Inspector General Act of 1978, as amend- based on unforeseen military requirements, than of the Office of Management and Budget, except ed, $346,919,000, of which $341,419,000 shall be those for which originally appropriated and in that such transfers may not be made unless the for operation and maintenance, of which not to no case where the item for which funds are re- Secretary of Defense has notified the Congress exceed $700,000 is available for emergencies and quested has been denied by the Congress: Pro- of the proposed transfer. Except in amounts extraordinary expenses to be expended on the vided further, That the Secretary of Defense equal to the amounts appropriated to working approval or authority of the Inspector General, shall notify the Congress promptly of all trans- capital funds in this Act, no obligations may be and payments may be made on the Inspector fers made pursuant to this authority or any made against a working capital fund to procure General’s certificate of necessity for confidential other authority in this Act: Provided further, or increase the value of war reserve material in- military purposes; of which $1,000,000, to remain That no part of the funds in this Act shall be ventory, unless the Secretary of Defense has no- available until September 30, 2014, shall be for available to prepare or present a request to the tified the Congress prior to any such obligation. procurement; and of which $4,500,000, to remain Committees on Appropriations for reprogram- SEC. 8009. Funds appropriated by this Act available until September 30, 2013, shall be for ming of funds, unless for higher priority items, may not be used to initiate a special access pro- research, development, testing, and evaluation. based on unforeseen military requirements, than gram without prior notification 30 calendar TITLE VII those for which originally appropriated and in days in advance to the congressional defense RELATED AGENCIES no case where the item for which reprogramming committees. is requested has been denied by the Congress: SEC. 8010. None of the funds provided in this CENTRAL INTELLIGENCE AGENCY RETIREMENT Provided further, That a request for multiple Act shall be available to initiate: (1) a multiyear AND DISABILITY SYSTEM FUND reprogrammings of funds using authority pro- contract that employs economic order quantity For payment to the Central Intelligence Agen- vided in this section shall be made prior to June procurement in excess of $20,000,000 in any one cy Retirement and Disability System Fund, to 30, 2012: Provided further, That transfers among year of the contract or that includes an un- maintain the proper funding level for con- military personnel appropriations shall not be funded contingent liability in excess of tinuing the operation of the Central Intelligence taken into account for purposes of the limitation $20,000,000; or (2) a contract for advance pro- Agency Retirement and Disability System, on the amount of funds that may be transferred curement leading to a multiyear contract that $513,700,000. under this section. employs economic order quantity procurement in INTELLIGENCE COMMUNITY MANAGEMENT SEC. 8006. (a) With regard to the list of spe- excess of $20,000,000 in any one year, unless the ACCOUNT cific programs, projects, and activities (and the congressional defense committees have been no- For necessary expenses of the Intelligence dollar amounts and adjustments to budget ac- tified at least 30 days in advance of the pro- Community Management Account, $547,891,000. tivities corresponding to such programs, posed contract award: Provided, That no part of projects, and activities) contained in the tables any appropriation contained in this Act shall be TITLE VIII titled ‘‘Explanation of Project Level Adjust- available to initiate a multiyear contract for GENERAL PROVISIONS ments’’ in the explanatory statement regarding which the economic order quantity advance pro- SEC. 8001. No part of any appropriation con- this Act, the obligation and expenditure of curement is not funded at least to the limits of tained in this Act shall be used for publicity or amounts appropriated or otherwise made avail- the Government’s liability: Provided further, propaganda purposes not authorized by the able in this Act for those programs, projects, That no part of any appropriation contained in Congress. and activities for which the amounts appro- this Act shall be available to initiate multiyear SEC. 8002. During the current fiscal year, pro- priated exceed the amounts requested are hereby procurement contracts for any systems or com- visions of law prohibiting the payment of com- required by law to be carried out in the manner ponent thereof if the value of the multiyear con- pensation to, or employment of, any person not provided by such tables to the same extent as if tract would exceed $500,000,000 unless specifi- a citizen of the United States shall not apply to the tables were included in the text of this Act. cally provided in this Act: Provided further, personnel of the Department of Defense: Pro- (b) Amounts specified in the referenced tables That no multiyear procurement contract can be vided, That salary increases granted to direct described in subsection (a) shall not be treated terminated without 10-day prior notification to and indirect hire foreign national employees of as subdivisions of appropriations for purposes of the congressional defense committees: Provided the Department of Defense funded by this Act section 8005 of this Act: Provided, That section further, That the execution of multiyear author- shall not be at a rate in excess of the percentage 8005 shall apply when transfers of the amounts ity shall require the use of a present value anal- increase authorized by law for civilian employ- described in subsection (a) occur between appro- ysis to determine lowest cost compared to an an- ees of the Department of Defense whose pay is priation accounts. nual procurement: Provided further, That none computed under the provisions of section 5332 of SEC. 8007. (a) Not later than 60 days after en- of the funds provided in this Act may be used title 5, United States Code, or at a rate in excess actment of this Act, the Department of Defense for a multiyear contract executed after the date of the percentage increase provided by the ap- shall submit a report to the congressional de- of the enactment of this Act unless in the case propriate host nation to its own employees, fense committees to establish the baseline for ap- of any such contract—

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9010 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (1) the Secretary of Defense has submitted to pating as a full-time student and receiving bene- Code, shall be considered a contractor for the Congress a budget request for full funding of fits paid by the Secretary of Veterans Affairs purposes of being allowed additional compensa- units to be procured through the contract and, from the Department of Defense Education Ben- tion under section 504 of the Indian Financing in the case of a contract for procurement of air- efits Fund when time spent as a full-time stu- Act of 1974 (25 U.S.C. 1544) whenever the prime craft, that includes, for any aircraft unit to be dent is credited toward completion of a service contract or subcontract amount is over $500,000 procured through the contract for which pro- commitment: Provided, That this section shall and involves the expenditure of funds appro- curement funds are requested in that budget re- not apply to those members who have reenlisted priated by an Act making Appropriations for the quest for production beyond advance procure- with this option prior to October 1, 1987: Pro- Department of Defense with respect to any fis- ment activities in the fiscal year covered by the vided further, That this section applies only to cal year: Provided further, That notwith- budget, full funding of procurement of such unit active components of the Army. standing section 1906 of title 41, United States in that fiscal year; (TRANSFER OF FUNDS) Code, this section shall be applicable to any De- (2) cancellation provisions in the contract do partment of Defense acquisition of supplies or SEC. 8015. Funds appropriated in title III of not include consideration of recurring manufac- this Act for the Department of Defense Pilot services, including any contract and any sub- turing costs of the contractor associated with Mentor-Protege Program may be transferred to contract at any tier for acquisition of commer- the production of unfunded units to be delivered any other appropriation contained in this Act cial items produced or manufactured, in whole under the contract; solely for the purpose of implementing a Men- or in part, by any subcontractor or supplier de- (3) the contract provides that payments to the tor-Protege Program developmental assistance fined in section 1544 of title 25, United States contractor under the contract shall not be made agreement pursuant to section 831 of the Na- Code, or a small business owned and controlled in advance of incurred costs on funded units; tional Defense Authorization Act for Fiscal by an individual or individuals defined under and Year 1991 (Public Law 101–510; 10 U.S.C. 2302 section 4221(9) of title 25, United States Code. (4) the contract does not provide for a price SEC. 8020. Funds appropriated by this Act for adjustment based on a failure to award a fol- note), as amended, under the authority of this provision or any other transfer authority con- the Defense Media Activity shall not be used for low-on contract. any national or international political or psy- Funds appropriated in title III of this Act may tained in this Act. SEC. 8016. None of the funds in this Act may chological activities. be used for a multiyear procurement contract as SEC. 8021. During the current fiscal year, the follows: be available for the purchase by the Department of Defense (and its departments and agencies) of Department of Defense is authorized to incur UH–60M/HH–60M and MH–60R/MH–60S Heli- obligations of not to exceed $350,000,000 for pur- copter Airframes; and MH–60R/S Mission Avi- welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor poses specified in section 2350j(c) of title 10, onics and Common Cockpits. United States Code, in anticipation of receipt of SEC. 8011. Within the funds appropriated for and mooring chain are manufactured in the contributions, only from the Government of Ku- the operation and maintenance of the Armed United States from components which are sub- wait, under that section: Provided, That upon Forces, funds are hereby appropriated pursuant stantially manufactured in the United States: receipt, such contributions from the Government to section 401 of title 10, United States Code, for Provided, That for the purpose of this section, of Kuwait shall be credited to the appropria- humanitarian and civic assistance costs under the term ‘‘manufactured’’ shall include cutting, tions or fund which incurred such obligations. chapter 20 of title 10, United States Code. Such heat treating, quality control, testing of chain SEC. 8022. (a) Of the funds made available in funds may also be obligated for humanitarian and welding (including the forging and shot this Act, not less than $37,745,000 shall be avail- and civic assistance costs incidental to author- blasting process): Provided further, That for the able for the Civil Air Patrol Corporation, of ized operations and pursuant to authority purpose of this section substantially all of the which— granted in section 401 of chapter 20 of title 10, components of anchor and mooring chain shall (1) $27,838,000 shall be available from ‘‘Oper- United States Code, and these obligations shall be considered to be produced or manufactured ation and Maintenance, Air Force’’ to support be reported as required by section 401(d) of title in the United States if the aggregate cost of the Civil Air Patrol Corporation operation and 10, United States Code: Provided, That funds components produced or manufactured in the maintenance, readiness, counterdrug activities, available for operation and maintenance shall United States exceeds the aggregate cost of the and drug demand reduction activities involving be available for providing humanitarian and components produced or manufactured outside youth programs; similar assistance by using Civic Action Teams the United States: Provided further, That when in the Trust Territories of the Pacific Islands adequate domestic supplies are not available to (2) $8,990,000 shall be available from ‘‘Aircraft and freely associated states of Micronesia, pur- meet Department of Defense requirements on a Procurement, Air Force’’; and suant to the Compact of Free Association as au- timely basis, the Secretary of the service respon- (3) $917,000 shall be available from ‘‘Other thorized by Public Law 99–239: Provided fur- sible for the procurement may waive this restric- Procurement, Air Force’’ for vehicle procure- ther, That upon a determination by the Sec- tion on a case-by-case basis by certifying in ment. retary of the Army that such action is beneficial writing to the Committees on Appropriations (b) The Secretary of the Air Force should for graduate medical education programs con- that such an acquisition must be made in order waive reimbursement for any funds used by the ducted at Army medical facilities located in Ha- to acquire capability for national security pur- Civil Air Patrol for counter-drug activities in waii, the Secretary of the Army may authorize poses. support of Federal, State, and local government the provision of medical services at such facili- SEC. 8017. None of the funds available to the agencies. ties and transportation to such facilities, on a Department of Defense may be used to demili- SEC. 8023. (a) None of the funds appropriated nonreimbursable basis, for civilian patients from tarize or dispose of M–1 Carbines, M–1 Garand in this Act are available to establish a new De- American Samoa, the Commonwealth of the rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- partment of Defense (department) federally Northern Mariana Islands, the Marshall Is- fles, or M–1911 pistols, or to demilitarize or de- funded research and development center lands, the Federated States of Micronesia, stroy small arms ammunition or ammunition (FFRDC), either as a new entity, or as a sepa- Palau, and Guam. components that are not otherwise prohibited rate entity administrated by an organization SEC. 8012. (a) During fiscal year 2012, the ci- from commercial sale under Federal law, unless managing another FFRDC, or as a nonprofit vilian personnel of the Department of Defense the small arms ammunition or ammunition com- membership corporation consisting of a consor- may not be managed on the basis of any end- ponents are certified by the Secretary of the tium of other FFRDCs and other nonprofit enti- strength, and the management of such per- Army or designee as unserviceable or unsafe for ties. sonnel during that fiscal year shall not be sub- further use. (b) No member of a Board of Directors, Trust- ject to any constraint or limitation (known as SEC. 8018. No more than $500,000 of the funds ees, Overseers, Advisory Group, Special Issues an end-strength) on the number of such per- appropriated or made available in this Act shall Panel, Visiting Committee, or any similar entity sonnel who may be employed on the last day of be used during a single fiscal year for any single of a defense FFRDC, and no paid consultant to such fiscal year. relocation of an organization, unit, activity or any defense FFRDC, except when acting in a (b) The fiscal year 2013 budget request for the function of the Department of Defense into or technical advisory capacity, may be com- Department of Defense as well as all justifica- within the National Capital Region: Provided, pensated for his or her services as a member of tion material and other documentation sup- That the Secretary of Defense may waive this such entity, or as a paid consultant by more porting the fiscal year 2013 Department of De- restriction on a case-by-case basis by certifying than one FFRDC in a fiscal year: Provided, fense budget request shall be prepared and sub- in writing to the congressional defense commit- That a member of any such entity referred to mitted to the Congress as if subsections (a) and tees that such a relocation is required in the previously in this subsection shall be allowed (b) of this provision were effective with regard best interest of the Government. travel expenses and per diem as authorized to fiscal year 2013. SEC. 8019. In addition to the funds provided under the Federal Joint Travel Regulations, (c) Nothing in this section shall be construed elsewhere in this Act, $15,000,000 is appropriated when engaged in the performance of member- to apply to military (civilian) technicians. only for incentive payments authorized by sec- ship duties. SEC. 8013. None of the funds made available tion 504 of the Indian Financing Act of 1974 (25 (c) Notwithstanding any other provision of by this Act shall be used in any way, directly or U.S.C. 1544): Provided, That a prime contractor law, none of the funds available to the depart- indirectly, to influence congressional action on or a subcontractor at any tier that makes a sub- ment from any source during fiscal year 2012 any legislation or appropriation matters pend- contract award to any subcontractor or supplier may be used by a defense FFRDC, through a fee ing before the Congress. as defined in section 1544 of title 25, United or other payment mechanism, for construction SEC. 8014. None of the funds appropriated by States Code, or a small business owned and con- of new buildings, for payment of cost sharing this Act shall be available for the basic pay and trolled by an individual or individuals defined for projects funded by Government grants, for allowances of any member of the Army partici- under section 4221(9) of title 25, United States absorption of contract overruns, or for certain

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9011 charitable contributions, not to include em- (2) An agreement referred to in paragraph (1) the Congress on the basis that any equipment ployee participation in community service and/ is any reciprocal defense procurement memo- which was classified as an end item and funded or development. randum of understanding, between the United in a procurement appropriation contained in (d) Notwithstanding any other provision of States and a foreign country pursuant to which this Act shall be budgeted for in a proposed fis- law, of the funds available to the department the Secretary of Defense has prospectively cal year 2013 procurement appropriation and during fiscal year 2012, not more than 5,750 staff waived the Buy American Act for certain prod- not in the supply management business area or years of technical effort (staff years) may be ucts in that country. any other area or category of the Department of funded for defense FFRDCs: Provided, That of (b) The Secretary of Defense shall submit to Defense Working Capital Funds. the specific amount referred to previously in this the Congress a report on the amount of Depart- SEC. 8032. None of the funds appropriated by subsection, not more than 1,125 staff years may ment of Defense purchases from foreign entities this Act for programs of the Central Intelligence be funded for the defense studies and analysis in fiscal year 2012. Such report shall separately Agency shall remain available for obligation be- FFRDCs: Provided further, That this subsection indicate the dollar value of items for which the yond the current fiscal year, except for funds shall not apply to staff years funded in the Na- Buy American Act was waived pursuant to any appropriated for the Reserve for Contingencies, tional Intelligence Program (NIP) and the Mili- agreement described in subsection (a)(2), the which shall remain available until September 30, tary Intelligence Program (MIP). Trade Agreement Act of 1979 (19 U.S.C. 2501 et 2013: Provided, That funds appropriated, trans- (e) The Secretary of Defense shall, with the seq.), or any international agreement to which ferred, or otherwise credited to the Central In- submission of the department’s fiscal year 2013 the United States is a party. telligence Agency Central Services Working budget request, submit a report presenting the (c) For purposes of this section, the term ‘‘Buy Capital Fund during this or any prior or subse- specific amounts of staff years of technical ef- American Act’’ means chapter 83 of title 41, quent fiscal year shall remain available until ex- fort to be allocated for each defense FFRDC United States Code. pended: Provided further, That any funds ap- during that fiscal year and the associated budg- SEC. 8028. During the current fiscal year, propriated or transferred to the Central Intel- et estimates. amounts contained in the Department of De- ligence Agency for advanced research and de- (f) Notwithstanding any other provision of fense Overseas Military Facility Investment Re- velopment acquisition, for agent operations, and this Act, the total amount appropriated in this covery Account established by section 2921(c)(1) for covert action programs authorized by the Act for FFRDCs is hereby reduced by of the National Defense Authorization Act of President under section 503 of the National Se- $150,245,000. 1991 (Public Law 101–510; 10 U.S.C. 2687 note) curity Act of 1947, as amended, shall remain SEC. 8024. None of the funds appropriated or shall be available until expended for the pay- available until September 30, 2013. made available in this Act shall be used to pro- ments specified by section 2921(c)(2) of that Act. SEC. 8033. Notwithstanding any other provi- cure carbon, alloy or armor steel plate for use in SEC. 8029. (a) Notwithstanding any other pro- sion of law, funds made available in this Act for any Government-owned facility or property vision of law, the Secretary of the Air Force the Defense Intelligence Agency may be used for under the control of the Department of Defense may convey at no cost to the Air Force, without the design, development, and deployment of which were not melted and rolled in the United consideration, to Indian tribes located in the General Defense Intelligence Program intel- States or Canada: Provided, That these procure- States of Nevada, Idaho, North Dakota, South ligence communications and intelligence infor- ment restrictions shall apply to any and all Fed- Dakota, Montana, Oregon, Minnesota, and mation systems for the Services, the Unified and eral Supply Class 9515, American Society of Washington relocatable military housing units Specified Commands, and the component com- Testing and Materials (ASTM) or American Iron located at Grand Forks Air Force Base, mands. and Steel Institute (AISI) specifications of car- Malmstrom Air Force Base, Mountain Home Air SEC. 8034. Of the funds appropriated to the bon, alloy or armor steel plate: Provided further, Force Base, Ellsworth Air Force Base, and Department of Defense under the heading ‘‘Op- That the Secretary of the military department Minot Air Force Base that are excess to the eration and Maintenance, Defense-Wide’’, not responsible for the procurement may waive this needs of the Air Force. less than $12,000,000 shall be made available restriction on a case-by-case basis by certifying (b) The Secretary of the Air Force shall con- only for the mitigation of environmental im- in writing to the Committees on Appropriations vey, at no cost to the Air Force, military hous- pacts, including training and technical assist- of the House of Representatives and the Senate ing units under subsection (a) in accordance ance to tribes, related administrative support, that adequate domestic supplies are not avail- with the request for such units that are sub- the gathering of information, documenting of able to meet Department of Defense require- mitted to the Secretary by the Operation Walk- environmental damage, and developing a system ments on a timely basis and that such an acqui- ing Shield Program on behalf of Indian tribes for prioritization of mitigation and cost to com- sition must be made in order to acquire capa- located in the States of Nevada, Idaho, North plete estimates for mitigation, on Indian lands bility for national security purposes: Provided Dakota, South Dakota, Montana, Oregon, Min- resulting from Department of Defense activities. further, That these restrictions shall not apply nesota, and Washington. Any such conveyance SEC. 8035. (a) None of the funds appropriated to contracts which are in being as of the date of shall be subject to the condition that the hous- in this Act may be expended by an entity of the the enactment of this Act. ing units shall be removed within a reasonable Department of Defense unless the entity, in ex- SEC. 8025. For the purposes of this Act, the period of time, as determined by the Secretary. term ‘‘congressional defense committees’’ means (c) The Operation Walking Shield Program pending the funds, complies with the Buy Amer- the Armed Services Committee of the House of shall resolve any conflicts among requests of In- ican Act. For purposes of this subsection, the Representatives, the Armed Services Committee dian tribes for housing units under subsection term ‘‘Buy American Act’’ means chapter 83 of of the Senate, the Subcommittee on Defense of (a) before submitting requests to the Secretary of title 41, United States Code. the Committee on Appropriations of the Senate, the Air Force under subsection (b). (b) If the Secretary of Defense determines that and the Subcommittee on Defense of the Com- (d) In this section, the term ‘‘Indian tribe’’ a person has been convicted of intentionally mittee on Appropriations of the House of Rep- means any recognized Indian tribe included on affixing a label bearing a ‘‘Made in America’’ resentatives. the current list published by the Secretary of the inscription to any product sold in or shipped to SEC. 8026. During the current fiscal year, the Interior under section 104 of the Federally Rec- the United States that is not made in America, Department of Defense may acquire the modi- ognized Indian Tribe Act of 1994 (Public Law the Secretary shall determine, in accordance fication, depot maintenance and repair of air- 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). with section 2410f of title 10, United States Code, craft, vehicles and vessels as well as the produc- SEC. 8030. During the current fiscal year, ap- whether the person should be debarred from tion of components and other Defense-related propriations which are available to the Depart- contracting with the Department of Defense. articles, through competition between Depart- ment of Defense for operation and maintenance (c) In the case of any equipment or products ment of Defense depot maintenance activities may be used to purchase items having an invest- purchased with appropriations provided under and private firms: Provided, That the Senior Ac- ment item unit cost of not more than $250,000. this Act, it is the sense of the Congress that any quisition Executive of the military department SEC. 8031. (a) During the current fiscal year, entity of the Department of Defense, in expend- or Defense Agency concerned, with power of none of the appropriations or funds available to ing the appropriation, purchase only American- delegation, shall certify that successful bids in- the Department of Defense Working Capital made equipment and products, provided that clude comparable estimates of all direct and in- Funds shall be used for the purchase of an in- American-made equipment and products are direct costs for both public and private bids: vestment item for the purpose of acquiring a cost-competitive, quality competitive, and avail- Provided further, That Office of Management new inventory item for sale or anticipated sale able in a timely fashion. and Budget Circular A–76 shall not apply to during the current fiscal year or a subsequent SEC. 8036. None of the funds appropriated by competitions conducted under this section. fiscal year to customers of the Department of this Act shall be available for a contract for SEC. 8027. (a)(1) If the Secretary of Defense, Defense Working Capital Funds if such an item studies, analysis, or consulting services entered after consultation with the United States Trade would not have been chargeable to the Depart- into without competition on the basis of an un- Representative, determines that a foreign coun- ment of Defense Business Operations Fund dur- solicited proposal unless the head of the activity try which is party to an agreement described in ing fiscal year 1994 and if the purchase of such responsible for the procurement determines— paragraph (2) has violated the terms of the an investment item would be chargeable during (1) as a result of thorough technical evalua- agreement by discriminating against certain the current fiscal year to appropriations made tion, only one source is found fully qualified to types of products produced in the United States to the Department of Defense for procurement. perform the proposed work; that are covered by the agreement, the Secretary (b) The fiscal year 2013 budget request for the (2) the purpose of the contract is to explore an of Defense shall rescind the Secretary’s blanket Department of Defense as well as all justifica- unsolicited proposal which offers significant sci- waiver of the Buy American Act with respect to tion material and other documentation sup- entific or technological promise, represents the such types of products produced in that foreign porting the fiscal year 2013 Department of De- product of original thinking, and was submitted country. fense budget shall be prepared and submitted to in confidence by one source; or

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9012 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (3) the purpose of the contract is to take ad- benefits for civilian employees under chapter 89 ‘‘Other Procurement, Navy, 2011/2013’’, vantage of unique and significant industrial ac- of title 5, United States Code. $59,598,000; complishment by a specific concern, or to insure (b)(1) The Department of Defense, without re- Under the heading, ‘‘Shipbuilding and Con- that a new product or idea of a specific concern gard to subsection (a) of this section or sub- version, Navy, 2011/2015’’: Littoral Combat Ship is given financial support: Provided, That this section (a), (b), or (c) of section 2461 of title 10, Advance Procurement: $110,351,000; limitation shall not apply to contracts in an United States Code, and notwithstanding any ‘‘Aircraft Procurement, Air Force, 2011/2013’’, amount of less than $25,000, contracts related to administrative regulation, requirement, or policy $220,213,000; improvements of equipment that is in develop- to the contrary shall have full authority to ‘‘Missile Procurement, Air Force, 2011/2013’’, ment or production, or contracts as to which a enter into a contract for the performance of any $193,900,000; civilian official of the Department of Defense, commercial or industrial type function of the ‘‘Other Procurement, Air Force, 2011/2013’’, who has been confirmed by the Senate, deter- Department of Defense that— $52,868,000; mines that the award of such contract is in the (A) is included on the procurement list estab- ‘‘Procurement, Defense-Wide, 2011/2013’’, interest of the national defense. lished pursuant to section 2 of the Javits-Wag- $4,312,000; SEC. 8037. (a) Except as provided in sub- ner-O’Day Act (section 8503 of title 41, United ‘‘Research, Development, Test and Evalua- sections (b) and (c), none of the funds made States Code); tion, Army, 2011/2012’’, $356,625,000; available by this Act may be used— (B) is planned to be converted to performance ‘‘Research, Development, Test and Evalua- (1) to establish a field operating agency; or by a qualified nonprofit agency for the blind or tion, Navy, 2011/2012’’, $65,687,000; (2) to pay the basic pay of a member of the by a qualified nonprofit agency for other se- ‘‘Research, Development, Test and Evalua- Armed Forces or civilian employee of the depart- verely handicapped individuals in accordance tion, Air Force, 2011/2012’’, $258,094,000; ment who is transferred or reassigned from a with that Act; or ‘‘Research, Development, Test and Evalua- headquarters activity if the member or employ- (C) is planned to be converted to performance tion, Defense-Wide, 2011/2012’’, $254,284,000; ee’s place of duty remains at the location of that by a qualified firm under at least 51 percent ‘‘Defense Health Program, 2011/2012’’, headquarters. ownership by an Indian tribe, as defined in sec- $257,000: (b) The Secretary of Defense or Secretary of a tion 4(e) of the Indian Self-Determination and Provided, That the funds rescinded from the military department may waive the limitations Education Assistance Act (25 U.S.C. 450b(e)), or National Defense Sealift accounts are those de- in subsection (a), on a case-by-case basis, if the a Native Hawaiian Organization, as defined in scribed under the heading ‘‘National Defense Secretary determines, and certifies to the Com- section 8(a)(15) of the Small Business Act (15 Sealift Fund’’ in Public Law 107–117, Public mittees on Appropriations of the House of Rep- U.S.C. 637(a)(15)). Law 107–248, and Public Law 108–87, or for the resentatives and Senate that the granting of the (2) This section shall not apply to depot con- purposes described in section 115 of division H of waiver will reduce the personnel requirements or tracts or contracts for depot maintenance as Public Law 108–199, as amended by section 1017 the financial requirements of the department. provided in sections 2469 and 2474 of title 10, of division A of Public Law 109–13. (c) This section does not apply to— United States Code. SEC. 8041. None of the funds available in this (1) field operating agencies funded within the (c) The conversion of any activity or function Act may be used to reduce the authorized posi- National Intelligence Program; of the Department of Defense under the author- tions for military technicians (dual status) of (2) an Army field operating agency established ity provided by this section shall be credited to- the Army National Guard, Air National Guard, to eliminate, mitigate, or counter the effects of ward any competitive or outsourcing goal, tar- Army Reserve and Air Force Reserve for the improvised explosive devices, and, as determined get, or measurement that may be established by purpose of applying any administratively im- by the Secretary of the Army, other similar statute, regulation, or policy and is deemed to posed civilian personnel ceiling, freeze, or reduc- threats; or be awarded under the authority of, and in com- tion on military technicians (dual status), un- (3) an Army field operating agency established pliance with, subsection (h) of section 2304 of less such reductions are a direct result of a re- to improve the effectiveness and efficiencies of title 10, United States Code, for the competition duction in military force structure. biometric activities and to integrate common bio- or outsourcing of commercial activities. SEC. 8042. None of the funds appropriated or otherwise made available in this Act may be ob- metric technologies throughout the Department (RESCISSIONS) of Defense. ligated or expended for assistance to the Demo- SEC. 8040. Of the funds appropriated in De- SEC. 8038. The Secretary of Defense, notwith- cratic People’s Republic of Korea unless specifi- partment of Defense Appropriations Acts, the standing any other provision of law, acting cally appropriated for that purpose. following funds are hereby rescinded from the through the Office of Economic Adjustment of SEC. 8043. Funds appropriated in this Act for following accounts and programs in the speci- the Department of Defense, may use funds made operation and maintenance of the Military De- fied amounts: available in this Act under the heading ‘‘Oper- partments, Combatant Commands and Defense ‘‘National Defense Sealift Fund, 2002/XXXX’’, ation and Maintenance, Defense-Wide’’ to make Agencies shall be available for reimbursement of $20,444,000; grants and supplement other Federal funds in pay, allowances and other expenses which ‘‘National Defense Sealift Fund, 2003/XXXX’’, accordance with the guidance provided in the would otherwise be incurred against appropria- $8,500,000; tions for the National Guard and Reserve when explanatory statement regarding this Act. ‘‘National Defense Sealift Fund, 2004/XXXX’’, SEC. 8039. (a) None of the funds appropriated members of the National Guard and Reserve $6,500,000; provide intelligence or counterintelligence sup- by this Act shall be available to convert to con- ‘‘Aircraft Procurement, Army, 2010/2012’’, port to Combatant Commands, Defense Agencies tractor performance an activity or function of $5,100,000; and Joint Intelligence Activities, including the the Department of Defense that, on or after the ‘‘Procurement of Weapons and Tracked Com- activities and programs included within the Na- date of the enactment of this Act, is performed bat Vehicles, Army, 2010/2012’’, $4,353,000; by Department of Defense civilian employees ‘‘Procurement of Ammunition, Army, 2010/ tional Intelligence Program and the Military In- unless— 2012’’, $21,674,000; telligence Program: Provided, That nothing in (1) the conversion is based on the result of a ‘‘Other Procurement, Army, 2010/2012’’, this section authorizes deviation from estab- public-private competition that includes a most $58,647,000; lished Reserve and National Guard personnel efficient and cost effective organization plan de- ‘‘Aircraft Procurement, Navy, 2010/2012’’, and training procedures. veloped by such activity or function; $90,000,000; SEC. 8044. During the current fiscal year, none (2) the Competitive Sourcing Official deter- ‘‘Aircraft Procurement, Air Force, 2010/2012’’, of the funds appropriated in this Act may be mines that, over all performance periods stated $32,897,000; used to reduce the civilian medical and medical in the solicitation of offers for performance of ‘‘Missile Procurement, Air Force, 2010/2012’’, support personnel assigned to military treatment the activity or function, the cost of performance $3,889,000; facilities below the September 30, 2003, level: of the activity or function by a contractor would ‘‘Other Procurement, Air Force, 2010/2012’’, Provided, That the Service Surgeons General be less costly to the Department of Defense by $12,200,000; may waive this section by certifying to the con- an amount that equals or exceeds the lesser of— ‘‘Procurement, Defense-Wide, 2010/2012’’, gressional defense committees that the bene- (A) 10 percent of the most efficient organiza- $716,000; ficiary population is declining in some tion’s personnel-related costs for performance of ‘‘Aircraft Procurement, Army, 2011/2013’’, catchment areas and civilian strength reduc- that activity or function by Federal employees; $21,500,000; tions may be consistent with responsible re- or ‘‘Missile Procurement, Army, 2011/2013’’, source stewardship and capitation-based budg- (B) $10,000,000; and $99,800,000; eting. (3) the contractor does not receive an advan- ‘‘Procurement of Weapons and Tracked Com- SEC. 8045. (a) None of the funds available to tage for a proposal that would reduce costs for bat Vehicles, Army, 2011/2013’’, $18,834,000; the Department of Defense for any fiscal year the Department of Defense by— ‘‘Procurement of Ammunition, Army, 2011/ for drug interdiction or counter-drug activities (A) not making an employer-sponsored health 2013’’, $15,000,000; may be transferred to any other department or insurance plan available to the workers who are ‘‘Other Procurement, Army, 2011/2013’’, agency of the United States except as specifi- to be employed in the performance of that activ- $438,436,000; cally provided in an appropriations law. ity or function under the contract; or ‘‘Aircraft Procurement, Navy, 2011/2013’’, (b) None of the funds available to the Central (B) offering to such workers an employer- $78,000,000; Intelligence Agency for any fiscal year for drug sponsored health benefits plan that requires the ‘‘Weapons Procurement, Navy, 2011/2013’’, interdiction and counter-drug activities may be employer to contribute less towards the premium $34,276,000; transferred to any other department or agency or subscription share than the amount that is ‘‘Procurement of Ammunition, Navy and Ma- of the United States except as specifically pro- paid by the Department of Defense for health rine Corps, 2011/2013’’, $28,262,000; vided in an appropriations law.

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SEC. 8046. None of the funds appropriated by (1) such costs are for a bonus or otherwise in SEC. 8055. None of the funds appropriated in this Act may be used for the procurement of ball excess of the normal salary paid by the con- title IV of this Act may be used to procure end- and roller bearings other than those produced tractor to the employee; and items for delivery to military forces for oper- by a domestic source and of domestic origin: (2) such bonus is part of restructuring costs ational training, operational use or inventory Provided, That the Secretary of the military de- associated with a business combination. requirements: Provided, That this restriction partment responsible for such procurement may (INCLUDING TRANSFER OF FUNDS) does not apply to end-items used in develop- waive this restriction on a case-by-case basis by SEC. 8051. During the current fiscal year, no ment, prototyping, and test activities preceding certifying in writing to the Committees on Ap- more than $30,000,000 of appropriations made in and leading to acceptance for operational use: propriations of the House of Representatives this Act under the heading ‘‘Operation and Provided further, That this restriction does not and the Senate, that adequate domestic supplies Maintenance, Defense-Wide’’ may be trans- apply to programs funded within the National are not available to meet Department of Defense ferred to appropriations available for the pay of Intelligence Program: Provided further, That requirements on a timely basis and that such an military personnel, to be merged with, and to be the Secretary of Defense may waive this restric- acquisition must be made in order to acquire ca- available for the same time period as the appro- tion on a case-by-case basis by certifying in pability for national security purposes: Provided priations to which transferred, to be used in writing to the Committees on Appropriations of further, That this restriction shall not apply to support of such personnel in connection with the House of Representatives and the Senate the purchase of ‘‘commercial items’’, as defined support and services for eligible organizations that it is in the national security interest to do by section 4(12) of the Office of Federal Procure- and activities outside the Department of Defense so. ment Policy Act, except that the restriction shall pursuant to section 2012 of title 10, United SEC. 8056. None of the funds made available in apply to ball or roller bearings purchased as end States Code. this Act may be used to approve or license the items. SEC. 8052. During the current fiscal year, in sale of the F–22A advanced tactical fighter to SEC. 8047. None of the funds in this Act may the case of an appropriation account of the De- any foreign government: Provided, That the De- be used to purchase any supercomputer which is partment of Defense for which the period of partment of Defense may conduct or participate not manufactured in the United States, unless availability for obligation has expired or which in studies, research, design and other activities the Secretary of Defense certifies to the congres- has closed under the provisions of section 1552 to define and develop a future export version of sional defense committees that such an acquisi- of title 31, United States Code, and which has a the F–22A that protects classified and sensitive tion must be made in order to acquire capability negative unliquidated or unexpended balance, information, technologies and U.S. warfighting capabilities. for national security purposes that is not avail- an obligation or an adjustment of an obligation SEC. 8057. (a) The Secretary of Defense may, able from United States manufacturers. may be charged to any current appropriation on a case-by-case basis, waive with respect to a SEC. 8048. None of the funds made available in account for the same purpose as the expired or closed account if— foreign country each limitation on the procure- this or any other Act may be used to pay the ment of defense items from foreign sources pro- salary of any officer or employee of the Depart- (1) the obligation would have been properly chargeable (except as to amount) to the expired vided in law if the Secretary determines that the ment of Defense who approves or implements the application of the limitation with respect to that transfer of administrative responsibilities or or closed account before the end of the period of availability or closing of that account; country would invalidate cooperative programs budgetary resources of any program, project, or entered into between the Department of Defense activity financed by this Act to the jurisdiction (2) the obligation is not otherwise properly chargeable to any current appropriation ac- and the foreign country, or would invalidate re- of another Federal agency not financed by this ciprocal trade agreements for the procurement of Act without the express authorization of Con- count of the Department of Defense; and (3) in the case of an expired account, the obli- defense items entered into under section 2531 of gress: Provided, That this limitation shall not gation is not chargeable to a current appropria- title 10, United States Code, and the country apply to transfers of funds expressly provided tion of the Department of Defense under the does not discriminate against the same or simi- for in Defense Appropriations Acts, or provi- provisions of section 1405(b)(8) of the National lar defense items produced in the United States sions of Acts providing supplemental appropria- Defense Authorization Act for Fiscal Year 1991, for that country. tions for the Department of Defense. Public Law 101–510, as amended (31 U.S.C. 1551 (b) Subsection (a) applies with respect to— SEC. 8049. (a) Notwithstanding any other pro- (1) contracts and subcontracts entered into on note): Provided, That in the case of an expired vision of law, none of the funds available to the or after the date of the enactment of this Act; account, if subsequent review or investigation Department of Defense for the current fiscal and discloses that there was not in fact a negative year may be obligated or expended to transfer to (2) options for the procurement of items that unliquidated or unexpended balance in the ac- another nation or an international organization are exercised after such date under contracts count, any charge to a current account under any defense articles or services (other than in- that are entered into before such date if the op- the authority of this section shall be reversed telligence services) for use in the activities de- tion prices are adjusted for any reason other and recorded against the expired account: Pro- scribed in subsection (b) unless the congres- than the application of a waiver granted under vided further, That the total amount charged to sional defense committees, the Committee on subsection (a). a current appropriation under this section may Foreign Affairs of the House of Representatives, (c) Subsection (a) does not apply to a limita- not exceed an amount equal to 1 percent of the and the Committee on Foreign Relations of the tion regarding construction of public vessels, total appropriation for that account. ball and roller bearings, food, and clothing or Senate are notified 15 days in advance of such SEC. 8053. (a) Notwithstanding any other pro- transfer. textile materials as defined by section 11 (chap- vision of law, the Chief of the National Guard ters 50–65) of the Harmonized Tariff Schedule (b) This section applies to— Bureau may permit the use of equipment of the (1) any international peacekeeping or peace- and products classified under headings 4010, National Guard Distance Learning Project by 4202, 4203, 6401 through 6406, 6505, 7019, 7218 enforcement operation under the authority of any person or entity on a space-available, reim- chapter VI or chapter VII of the United Nations through 7229, 7304.41 through 7304.49, 7306.40, bursable basis. The Chief of the National Guard 7502 through 7508, 8105, 8108, 8109, 8211, 8215, Charter under the authority of a United Nations Bureau shall establish the amount of reimburse- Security Council resolution; and and 9404. ment for such use on a case-by-case basis. SEC. 8058. (a) None of the funds made avail- (2) any other international peacekeeping, (b) Amounts collected under subsection (a) able by this Act may be used to support any peace-enforcement, or humanitarian assistance shall be credited to funds available for the Na- training program involving a unit of the secu- operation. tional Guard Distance Learning Project and be rity forces or police of a foreign country if the (c) A notice under subsection (a) shall include available to defray the costs associated with the Secretary of Defense has received credible infor- the following: use of equipment of the project under that sub- mation from the Department of State that the (1) A description of the equipment, supplies, section. Such funds shall be available for such unit has committed a gross violation of human or services to be transferred. purposes without fiscal year limitation. rights, unless all necessary corrective steps have (2) A statement of the value of the equipment, SEC. 8054. Using funds made available by this been taken. supplies, or services to be transferred. Act or any other Act, the Secretary of the Air (b) The Secretary of Defense, in consultation (3) In the case of a proposed transfer of equip- Force, pursuant to a determination under sec- with the Secretary of State, shall ensure that ment or supplies— tion 2690 of title 10, United States Code, may im- prior to a decision to conduct any training pro- (A) a statement of whether the inventory re- plement cost-effective agreements for required gram referred to in subsection (a), full consider- quirements of all elements of the Armed Forces heating facility modernization in the ation is given to all credible information avail- (including the reserve components) for the type Kaiserslautern Military Community in the Fed- able to the Department of State relating to of equipment or supplies to be transferred have eral Republic of Germany: Provided, That in the human rights violations by foreign security been met; and City of Kaiserslautern and at the Rhine Ord- forces. (B) a statement of whether the items proposed nance Barracks area, such agreements will in- (c) The Secretary of Defense, after consulta- to be transferred will have to be replaced and, clude the use of United States anthracite as the tion with the Secretary of State, may waive the if so, how the President proposes to provide base load energy for municipal district heat to prohibition in subsection (a) if he determines funds for such replacement. the United States Defense installations: Pro- that such waiver is required by extraordinary SEC. 8050. None of the funds available to the vided further, That at Landstuhl Army Re- circumstances. Department of Defense under this Act shall be gional Medical Center and Ramstein Air Base, (d) Not more than 15 days after the exercise of obligated or expended to pay a contractor under furnished heat may be obtained from private, re- any waiver under subsection (c), the Secretary a contract with the Department of Defense for gional or municipal services, if provisions are of Defense shall submit a report to the congres- costs of any amount paid by the contractor to included for the consideration of United States sional defense committees describing the extraor- an employee when— coal as an energy source. dinary circumstances, the purpose and duration

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None of the funds appropriated or nization as may be approved by the Chief of the ality Act (8 U.S.C. §§ 1439(b)(4) and 1440(b)(4)). otherwise made available by this or other De- National Guard Bureau, or his designee, on a Such reimbursements shall be deposited and re- partment of Defense Appropriations Acts may be case-by-case basis. main available as provided by sections 286(m) obligated or expended for the purpose of per- SEC. 8066. None of the funds appropriated by and (n) of such Act (8 U.S.C. § 1356(m)). Such forming repairs or maintenance to military fam- this Act shall be used for the support of any reimbursements shall be based on actual costs ily housing units of the Department of Defense, nonappropriated funds activity of the Depart- incurred by USCIS for processing applications including areas in such military family housing ment of Defense that procures malt beverages for naturalization, and shall not exceed units that may be used for the purpose of con- and wine with nonappropriated funds for resale $7,500,000 per fiscal year.’’. ducting official Department of Defense business. (including such alcoholic beverages sold by the (b) CLERICAL AMENDMENT.—The table of sec- SEC. 8060. Notwithstanding any other provi- drink) on a military installation located in the tions at the beginning of subchapter I of chapter sion of law, funds appropriated in this Act United States unless such malt beverages and 88 of title 10, United States Code, is amended by under the heading ‘‘Research, Development, wine are procured within that State, or in the inserting after the item relating to section 1789 Test and Evaluation, Defense-Wide’’ for any case of the District of Columbia, within the Dis- the following new item: new start advanced concept technology dem- trict of Columbia, in which the military installa- ‘‘1790. Military personnel citizenship proc- onstration project or joint capability demonstra- tion is located: Provided, That in a case in essing.’’. tion project may only be obligated 45 days after which the military installation is located in a report, including a description of the project, more than one State, purchases may be made in (INCLUDING TRANSFER OF FUNDS) the planned acquisition and transition strategy any State in which the installation is located: SEC. 8071. Of the amounts appropriated in this and its estimated annual and total cost, has Provided further, That such local procurement Act under the heading ‘‘Research, Development, been provided in writing to the congressional requirements for malt beverages and wine shall Test and Evaluation, Defense-Wide’’, defense committees: Provided, That the Sec- apply to all alcoholic beverages only for military $235,700,000 shall be for the Israeli Cooperative retary of Defense may waive this restriction on installations in States which are not contiguous Programs: Provided, That of this amount, a case-by-case basis by certifying to the congres- with another State: Provided further, That alco- $110,525,000 shall be for the Short Range Bal- sional defense committees that it is in the na- holic beverages other than wine and malt bev- listic Missile Defense (SRBMD) program, includ- tional interest to do so. erages, in contiguous States and the District of ing cruise missile defense research and develop- SEC. 8061. The Secretary of Defense shall pro- Columbia shall be procured from the most com- ment under the SRBMD program, of which vide a classified quarterly report beginning 30 petitive source, price and other factors consid- $15,000,000 shall be for production activities of days after enactment of this Act, to the House ered. SRBMD missiles in the United States and in and Senate Appropriations Committees, Sub- (INCLUDING TRANSFER OF FUNDS) Israel to meet Israel’s defense requirements con- committees on Defense on certain matters as di- sistent with each nation’s laws, regulations, SEC. 8067. Of the amounts appropriated in this rected in the classified annex accompanying this and procedures, $66,220,000 shall be available for Act under the heading ‘‘Operation and Mainte- Act. an upper-tier component to the Israeli Missile nance, Army’’, $124,493,000 shall remain avail- SEC. 8062. During the current fiscal year, none Defense Architecture, and $58,955,000 shall be able until expended: Provided, That notwith- of the funds available to the Department of De- for the Arrow System Improvement Program in- standing any other provision of law, the Sec- fense may be used to provide support to another cluding development of a long range, ground retary of Defense is authorized to transfer such department or agency of the United States if and airborne, detection suite: Provided further, funds to other activities of the Federal Govern- such department or agency is more than 90 days That funds made available under this provision ment: Provided further, That the Secretary of in arrears in making payment to the Depart- for production of missiles and missile compo- Defense is authorized to enter into and carry ment of Defense for goods or services previously nents may be transferred to appropriations out contracts for the acquisition of real prop- provided to such department or agency on a re- available for the procurement of weapons and erty, construction, personal services, and oper- imbursable basis: Provided, That this restriction equipment, to be merged with and to be avail- ations related to projects carrying out the pur- shall not apply if the department is authorized able for the same time period and the same pur- poses of this section: Provided further, That by law to provide support to such department or poses as the appropriation to which transferred: contracts entered into under the authority of agency on a nonreimbursable basis, and is pro- Provided further, That the transfer authority this section may provide for such indemnifica- viding the requested support pursuant to such provided under this provision is in addition to tion as the Secretary determines to be necessary: authority: Provided further, That the Secretary any other transfer authority contained in this Provided further, That projects authorized by of Defense may waive this restriction on a case- Act. this section shall comply with applicable Fed- by-case basis by certifying in writing to the SEC. 8072. (a) None of the funds available to eral, State, and local law to the maximum extent Committees on Appropriations of the House of the Department of Defense may be obligated to consistent with the national security, as deter- Representatives and the Senate that it is in the modify command and control relationships to national security interest to do so. mined by the Secretary of Defense. SEC. 8068. Section 8106 of the Department of give Fleet Forces Command operational and ad- SEC. 8063. Notwithstanding section 12310(b) of ministrative control of U.S. Navy forces assigned title 10, United States Code, a Reserve who is a Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection to the Pacific fleet. member of the National Guard serving on full- (b) None of the funds available to the Depart- time National Guard duty under section 502(f) 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect to ment of Defense may be obligated to modify of title 32, United States Code, may perform du- command and control relationships to give ties in support of the ground-based elements of apply to disbursements that are made by the De- partment of Defense in fiscal year 2012. United States Transportation Command oper- the National Ballistic Missile Defense System. ational and administrative control of C–130 and SEC. 8064. None of the funds provided in this SEC. 8069. In addition to amounts provided elsewhere in this Act, $4,000,000 is hereby appro- KC–135 forces assigned to the Pacific and Euro- Act may be used to transfer to any nongovern- pean Air Force Commands. mental entity ammunition held by the Depart- priated to the Department of Defense, to remain available for obligation until expended: Pro- (c) The command and control relationships in ment of Defense that has a center-fire cartridge subsections (a) and (b) which existed on March and a United States military nomenclature des- vided, That notwithstanding any other provi- sion of law, that upon the determination of the 13, 2011, shall remain in force unless changes ignation of ‘‘armor penetrator’’, ‘‘armor piercing are specifically authorized in a subsequent Act. (AP)’’, ‘‘armor piercing incendiary (API)’’, or Secretary of Defense that it shall serve the na- ‘‘armor-piercing incendiary tracer (API–T)’’, ex- tional interest, these funds shall be available (INCLUDING TRANSFER OF FUNDS) cept to an entity performing demilitarization only for a grant to the Fisher House Founda- SEC. 8073. Of the amounts appropriated in this services for the Department of Defense under a tion, Inc., only for the construction and fur- Act under the heading ‘‘Shipbuilding and Con- contract that requires the entity to demonstrate nishing of additional Fisher Houses to meet the version, Navy’’, $73,992,000 shall be available to the satisfaction of the Department of Defense needs of military family members when con- until September 30, 2012, to fund prior year ship- that armor piercing projectiles are either: (1) fronted with the illness or hospitalization of an building cost increases: Provided, That upon en- rendered incapable of reuse by the demilitariza- eligible military beneficiary. actment of this Act, the Secretary of the Navy tion process; or (2) used to manufacture ammu- SEC. 8070. (a) IN GENERAL.—Subchapter I of shall transfer funds to the following appropria- nition pursuant to a contract with the Depart- chapter 88 of title 10, United States Code, is tions in the amounts specified: Provided further, ment of Defense or the manufacture of ammuni- amended by adding the following new section at That the amounts transferred shall be merged tion for export pursuant to a License for Perma- its end— with and be available for the same purposes as nent Export of Unclassified Military Articles ‘‘§ 1790. MILITARY PERSONNEL CITIZEN- the appropriations to which transferred to: issued by the Department of State. SHIP PROCESSING. (1) Under the heading ‘‘Shipbuilding and SEC. 8065. Notwithstanding any other provi- ‘‘AUTHORIZATION OF PAYMENTS.—Using funds Conversion, Navy, 2005/2012’’: LPD–17 Amphib- sion of law, the Chief of the National Guard provided for operation and maintenance and ious Transport Dock Program $18,627,000; Bureau, or his designee, may waive payment of notwithstanding section 2215 of title 10, United (2) Under the heading ‘‘Shipbuilding and all or part of the consideration that otherwise States Code, the Secretary of Defense may reim- Conversion, Navy, 2006/2012’’: LPD–17 Amphib- would be required under section 2667 of title 10, burse the Secretary of Homeland Security for ious Transport Dock Program $23,437,000; and

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(3) Under the heading ‘‘Shipbuilding and SEC. 8080. None of the funds appropriated or of incremental and personnel costs of training Conversion, Navy, 2008/2012’’: LPD–17 Amphib- made available in this Act shall be used to re- and exercising with foreign security forces: Pro- ious Transport Dock Program $31,928,000. duce or disestablish the operation of the 53rd vided, That funds made available for this pur- (INCLUDING TRANSFER OF FUNDS) Weather Reconnaissance Squadron of the Air pose may be used, notwithstanding any other SEC. 8074. (a) Of the amounts appropriated in Force Reserve, if such action would reduce the funding authorities for humanitarian assist- title IV of this Act under the heading ‘‘Re- WC–130 Weather Reconnaissance mission below ance, security assistance or combined exercise search, Development, Test and Evaluation, the levels funded in this Act: Provided, That the expenses: Provided further, That funds may not Army’’, for Budget Activities 4, 5 and 7, Air Force shall allow the 53rd Weather Recon- be obligated to provide assistance to any foreign $50,000,000 shall be transferred to Program Ele- naissance Squadron to perform other missions in country that is otherwise prohibited from receiv- ment 0605601A: Provided, That no funds may be support of national defense requirements during ing such type of assistance under any other pro- transferred until 30 days after the Secretary of the non-hurricane season. vision of law. the Army provides to the congressional defense SEC. 8081. None of the funds provided in this SEC. 8087. None of the funds appropriated by committees a report including the details of any Act shall be available for integration of foreign this Act for programs of the Office of the Direc- such transfer: Provided further, That the trans- intelligence information unless the information tor of National Intelligence shall remain avail- fer authority provided under this provision is in has been lawfully collected and processed dur- able for obligation beyond the current fiscal addition to any other transfer authority con- ing the conduct of authorized foreign intel- year, except for funds appropriated for research tained in this Act. ligence activities: Provided, That information and technology, which shall remain available (b) Of the amounts appropriated in title IV of pertaining to United States persons shall only until September 30, 2013. this Act under the heading ‘‘Research, Develop- be handled in accordance with protections pro- SEC. 8088. For purposes of section 1553(b) of ment, Test and Evaluation, Air Force’’, for vided in the Fourth Amendment of the United title 31, United States Code, any subdivision of Budget Activities 4, 5 and 7, $34,000,000 shall be States Constitution as implemented through Ex- appropriations made in this Act under the head- transferred to Program Element 0605807F: Pro- ecutive Order No. 12333. ing ‘‘Shipbuilding and Conversion, Navy’’ shall vided, That no funds may be transferred until SEC. 8082. (a) At the time members of reserve be considered to be for the same purpose as any 30 days after the Secretary of the Air Force pro- components of the Armed Forces are called or subdivision under the heading ‘‘Shipbuilding vides to the congressional defense committees a ordered to active duty under section 12302(a) of and Conversion, Navy’’ appropriations in any report including the details of any such trans- title 10, United States Code, each member shall prior fiscal year, and the 1 percent limitation fer: Provided further, That the transfer author- be notified in writing of the expected period dur- shall apply to the total amount of the appro- ity provided under this provision is in addition ing which the member will be mobilized. priation. to any other transfer authority contained in (b) The Secretary of Defense may waive the (INCLUDING TRANSFER OF FUNDS) this Act. requirements of subsection (a) in any case in SEC. 8089. During the current fiscal year, not SEC. 8075. Funds appropriated by this Act, or which the Secretary determines that it is nec- to exceed $200,000,000 from funds available made available by the transfer of funds in this essary to do so to respond to a national security under ‘‘Operation and Maintenance, Defense- Act, for intelligence activities are deemed to be emergency or to meet dire operational require- Wide’’ may be transferred to the Department of specifically authorized by the Congress for pur- ments of the Armed Forces. State ‘‘Global Security Contingency Fund’’: poses of section 504 of the National Security Act (INCLUDING TRANSFER OF FUNDS) Provided, That this transfer authority is in ad- of 1947 (50 U.S.C. 414) during fiscal year 2012 dition to any other transfer authority available SEC. 8083. The Secretary of Defense may until the enactment of the Intelligence Author- to the Department of Defense: Provided further, transfer funds from any available Department ization Act for Fiscal Year 2012. That the Secretary of Defense shall, not fewer of the Navy appropriation to any available SEC. 8076. None of the funds provided in this than 30 days prior to making transfers to the Navy ship construction appropriation for the Act shall be available for obligation or expendi- Department of State ‘‘Global Security Contin- purpose of liquidating necessary changes result- ture through a reprogramming of funds that cre- gency Fund’’, notify the congressional defense ing from inflation, market fluctuations, or rate ates or initiates a new program, project, or ac- committees in writing with the source of funds adjustments for any ship construction program tivity unless such program, project, or activity and a detailed justification, execution plan, and appropriated in law: Provided, That the Sec- must be undertaken immediately in the interest timeline for each proposed project. retary may transfer not to exceed $100,000,000 of national security and only after written prior SEC. 8090. The Director of National Intel- under the authority provided by this section: notification to the congressional defense com- ligence shall include the budget exhibits identi- Provided further, That the Secretary may not mittees. fied in paragraphs (1) and (2) as described in transfer any funds until 30 days after the pro- SEC. 8077. The budget of the President for fis- the Department of Defense Financial Manage- cal year 2013 submitted to the Congress pursu- posed transfer has been reported to the Commit- ment Regulation with the congressional budget ant to section 1105 of title 31, United States tees on Appropriations of the House of Rep- justification books: Code, shall include separate budget justification resentatives and the Senate, unless a response (1) For procurement programs requesting more documents for costs of United States Armed from the Committees is received sooner: Provided than $10,000,000 in any fiscal year, the P–1, Pro- Forces’ participation in contingency operations further, That any funds transferred pursuant to curement Program; P–5, Cost Analysis; P–5a, for the Military Personnel accounts, the Oper- this section shall retain the same period of Procurement History and Planning; P–21, Pro- ation and Maintenance accounts, and the Pro- availability as when originally appropriated: duction Schedule; and P–40, Budget Item Jus- curement accounts: Provided, That these docu- Provided further, That the transfer authority tification. ments shall include a description of the funding provided by this section is in addition to any (2) For research, development, test and eval- requested for each contingency operation, for other transfer authority contained elsewhere in uation projects requesting more than $5,000,000 each military service, to include all Active and this Act. in any fiscal year, the R–1, Research, Develop- Reserve components, and for each appropria- SEC. 8084. For purposes of section 7108 of title ment, Test and Evaluation Program; R–2, Re- tions account: Provided further, That these doc- 41, United States Code, any subdivision of ap- search, Development, Test and Evaluation uments shall include estimated costs for each propriations made under the heading ‘‘Ship- Budget Item Justification; R–3, Research, Devel- element of expense or object class, a reconcili- building and Conversion, Navy’’ that is not opment, Test and Evaluation Project Cost Anal- ation of increases and decreases for each contin- closed at the time reimbursement is made shall ysis; and R–4, Research, Development, Test and gency operation, and programmatic data includ- be available to reimburse the Judgment Fund Evaluation Program Schedule Profile. ing, but not limited to, troop strength for each and shall be considered for the same purposes as SEC. 8091. The amounts appropriated in title Active and Reserve component, and estimates of any subdivision under the heading ‘‘Ship- II of this Act are hereby reduced by $515,000,000 the major weapons systems deployed in support building and Conversion, Navy’’ appropriations to reflect excess cash balances in Department of of each contingency: Provided further, That in the current fiscal year or any prior fiscal Defense Working Capital Funds, as follows: these documents shall include budget exhibits year. From ‘‘Operation and Maintenance, Army’’, OP–5 and OP–32 (as defined in the Department SEC. 8085. (a) None of the funds appropriated $515,000,000. of Defense Financial Management Regulation) by this Act may be used to transfer research and SEC. 8092. (a) Not later than 60 days after en- for all contingency operations for the budget development, acquisition, or other program au- actment of this Act, the Office of the Director of year and the two preceding fiscal years. thority relating to current tactical unmanned National Intelligence shall submit a report to SEC. 8078. None of the funds in this Act may aerial vehicles (TUAVs) from the Army. the congressional intelligence committees to es- be used for research, development, test, evalua- (b) The Army shall retain responsibility for tablish the baseline for application of re- tion, procurement or deployment of nuclear and operational control of the MQ–1C Sky War- programming and transfer authorities for fiscal armed interceptors of a missile defense system. rior Unmanned Aerial Vehicle (UAV) in order to year 2012: Provided, That the report shall in- (INCLUDING TRANSFER OF FUNDS) support the Secretary of Defense in matters re- clude— SEC. 8079. In addition to the amounts appro- lating to the employment of unmanned aerial (1) a table for each appropriation with a sepa- priated or otherwise made available elsewhere in vehicles. rate column to display the President’s budget re- this Act, $44,000,000 is hereby appropriated to SEC. 8086. Up to $15,000,000 of the funds ap- quest, adjustments made by Congress, adjust- the Department of Defense: Provided, That propriated under the heading ‘‘Operation and ments due to enacted rescissions, if appropriate, upon the determination of the Secretary of De- Maintenance, Navy’’ may be made available for and the fiscal year enacted level; fense that it shall serve the national interest, he the Asia Pacific Regional Initiative Program for (2) a delineation in the table for each appro- shall make grants in the amounts specified as the purpose of enabling the Pacific Command to priation by Expenditure Center and project; and follows: $20,000,000 to the United Service Orga- execute Theater Security Cooperation activities (3) an identification of items of special con- nizations and $24,000,000 to the Red Cross. such as humanitarian assistance, and payment gressional interest.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9016 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (b) None of the funds provided for the Na- Sharing Environment, $20,000,000 is available or subcontract is not longer than necessary to tional Intelligence Program in this Act shall be for transfer by the Director of National Intel- avoid such harm. The determination shall set available for reprogramming or transfer until ligence to other departments and agencies for forth with specificity the grounds for the waiver the report identified in subsection (a) is sub- purposes of Government-wide information shar- and for the contract or subcontract term se- mitted to the congressional intelligence commit- ing activities: Provided, That funds transferred lected, and shall state any alternatives consid- tees, unless the Director of National Intelligence under this provision are to be merged with and ered in lieu of a waiver and the reasons each certifies in writing to the congressional intel- available for the same purposes and time period such alternative would not avoid harm to na- ligence committees that such reprogramming or as the appropriation to which transferred: Pro- tional security interests of the United States. transfer is necessary as an emergency require- vided further, That the Office of Management The Secretary of Defense shall transmit to Con- ment. and Budget must approve any transfers made gress, and simultaneously make public, any de- SEC. 8093. (a) None of the funds provided for under this provision. termination under this subsection not less than the National Intelligence Program in this or any SEC. 8099. Funds appropriated by this Act for 15 business days before the contract or sub- prior appropriations Act shall be available for operation and maintenance may be available for contract addressed in the determination may be obligation or expenditure through a reprogram- the purpose of making remittances to the De- awarded. ming or transfer of funds in accordance with fense Acquisition Workforce Development Fund SEC. 8102. (a)(1) No National Intelligence Pro- section 102A(d) of the National Security Act of in accordance with the requirements of section gram funds appropriated in this Act may be 1947 (50 U.S.C. 403–1(d)) that— 1705 of title 10, United States Code. used for a mission critical or mission essential (1) creates a new start effort; SEC. 8100. (a) Any agency receiving funds business management information technology (2) terminates a program with appropriated made available in this Act, shall, subject to sub- system that is not registered with the Director of funding of $10,000,000 or more; sections (b) and (c), post on the public website National Intelligence. A system shall be consid- (3) transfers funding into or out of the Na- of that agency any report required to be sub- ered to be registered with that officer upon the tional Intelligence Program; or mitted by the Congress in this or any other Act, furnishing notice of the system, together with (4) transfers funding between appropriations, upon the determination by the head of the agen- such information concerning the system as the unless the congressional intelligence committees cy that it shall serve the national interest. Director of the Business Transformation Office are notified 30 days in advance of such re- (b) Subsection (a) shall not apply to a report may prescribe. programming of funds; this notification period if— (2) During the fiscal year 2012 no funds may may be reduced for urgent national security re- (1) the public posting of the report com- be obligated or expended for a financial man- quirements. promises national security; or agement automated information system, a mixed (b) None of the funds provided for the Na- (2) the report contains proprietary informa- information system supporting financial and tional Intelligence Program in this or any prior tion. non-financial systems, or a business system im- appropriations Act shall be available for obliga- (c) The head of the agency posting such re- provement of more than $3,000,000, within the tion or expenditure through a reprogramming or port shall do so only after such report has been Intelligence Community without the approval of transfer of funds in accordance with section made available to the requesting Committee or the Business Transformation Investment Review 102A(d) of the National Security Act of 1947 (50 Committees of Congress for no less than 45 days. Board. U.S.C. 403-1(d)) that results in a cumulative in- SEC. 8101. (a) None of the funds appropriated (b) This section shall not apply to any pro- crease or decrease of the levels specified in the or otherwise made available by this Act may be grammatic or analytic systems or programmatic classified annex unless the congressional intel- expended for any Federal contract for an or analytic system improvements. ligence committees are notified 30 days in ad- amount in excess of $1,000,000, unless the con- SEC. 8103. None of the funds made available vance of such reprogramming of funds; this no- tractor agrees not to— under this Act may be distributed to the Asso- tification period may be reduced for urgent na- (1) enter into any agreement with any of its ciation of Community Organizations for Reform tional security requirements. employees or independent contractors that re- Now (ACORN) or its subsidiaries. SEC. 8094. The Director of National Intel- quires, as a condition of employment, that the (INCLUDING TRANSFER OF FUNDS) ligence shall submit to Congress each year, at or employee or independent contractor agree to re- SEC. 8104. From within the funds appropriated about the time that the President’s budget is solve through arbitration any claim under title for operation and maintenance for the Defense submitted to Congress that year under section VII of the Civil Rights Act of 1964 or any tort re- Health Program in this Act, up to $135,631,000, 1105(a) of title 31, United States Code, a future- lated to or arising out of sexual assault or har- shall be available for transfer to the Joint De- years intelligence program (including associated assment, including assault and battery, inten- partment of Defense-Department of Veterans Af- annexes) reflecting the estimated expenditures tional infliction of emotional distress, false im- fairs Medical Facility Demonstration Fund in and proposed appropriations included in that prisonment, or negligent hiring, supervision, or accordance with the provisions of section 1704 of budget. Any such future-years intelligence pro- retention; or the National Defense Authorization Act for Fis- gram shall cover the fiscal year with respect to (2) take any action to enforce any provision of cal Year 2010, Public Law 111–84: Provided, which the budget is submitted and at least the an existing agreement with an employee or inde- That for purposes of section 1704(b), the facility four succeeding fiscal years. pendent contractor that mandates that the em- operations funded are operations of the inte- SEC. 8095. For the purposes of this Act, the ployee or independent contractor resolve grated Captain James A. Lovell Federal Health term ‘‘congressional intelligence committees’’ through arbitration any claim under title VII of Care Center, consisting of the North Chicago means the Permanent Select Committee on Intel- the Civil Rights Act of 1964 or any tort related Veterans Affairs Medical Center, the Navy Am- ligence of the House of Representatives, the Se- to or arising out of sexual assault or harass- bulatory Care Center, and supporting facilities lect Committee on Intelligence of the Senate, the ment, including assault and battery, intentional designated as a combined Federal medical facil- Subcommittee on Defense of the Committee on infliction of emotional distress, false imprison- ity as described by section 706 of Public Law Appropriations of the House of Representatives, ment, or negligent hiring, supervision, or reten- 110–417: Provided further, That additional funds and the Subcommittee on Defense of the Com- tion. may be transferred from funds appropriated for mittee on Appropriations of the Senate. (b) None of the funds appropriated or other- operation and maintenance for the Defense SEC. 8096. The Department of Defense shall wise made available by this Act may be ex- Health Program to the Joint Department of De- continue to report incremental contingency op- pended for any Federal contract unless the con- fense-Department of Veterans Affairs Medical erations costs for Operation New Dawn and Op- tractor certifies that it requires each covered Facility Demonstration Fund upon written noti- eration Enduring Freedom on a monthly basis subcontractor to agree not to enter into, and not fication by the Secretary of Defense to the Com- in the Cost of War Execution Report as pre- to take any action to enforce any provision of, mittees on Appropriations of the House of Rep- scribed in the Department of Defense Financial any agreement as described in paragraphs (1) resentatives and the Senate. Management Regulation Department of Defense and (2) of subsection (a), with respect to any SEC. 8105. Section 310(b) of the Supplemental Instruction 7000.14, Volume 12, Chapter 23 employee or independent contractor performing Appropriations Act, 2009 (Public Law 111–32; 124 ‘‘Contingency Operations’’, Annex 1, dated Sep- work related to such subcontract. For purposes Stat. 1871), as amended by Public Law 112–10, is tember 2005. of this subsection, a ‘‘covered subcontractor’’ is amended by striking ‘‘2 years’’ both places it ap- (INCLUDING TRANSFER OF FUNDS) an entity that has a subcontract in excess of pears and inserting ‘‘3 years’’. $1,000,000 on a contract subject to subsection SEC. 8106. The Office of the Director of Na- SEC. 8097. During the current fiscal year, not (a). tional Intelligence shall not employ more Senior to exceed $11,000,000 from each of the appropria- (c) The prohibitions in this section do not Executive employees than are specified in the tions made in title II of this Act for ‘‘Operation apply with respect to a contractor’s or sub- classified annex: Provided, That not later than and Maintenance, Army’’, ‘‘Operation and contractor’s agreements with employees or inde- 90 days after the enactment of this Act, the Di- Maintenance, Navy’’, and ‘‘Operation and pendent contractors that may not be enforced in rector of National Intelligence shall submit to Maintenance, Air Force’’ may be transferred by a court of the United States. the congressional intelligence committees the Of- the military department concerned to its central (d) The Secretary of Defense may waive the fice of the Director of National Intelligence stra- fund established for Fisher Houses and Suites application of subsection (a) or (b) to a par- tegic human capital plan and the Office of Di- pursuant to section 2493(d) of title 10, United ticular contractor or subcontractor for the pur- rector of National Intelligence current and fu- States Code. poses of a particular contract or subcontract if ture grade structure, to include General Sched- (INCLUDING TRANSFER OF FUNDS) the Secretary or the Deputy Secretary person- ule 15 positions. SEC. 8098. Of the funds appropriated in the ally determines that the waiver is necessary to SEC. 8107. None of the funds appropriated or Intelligence Community Management Account avoid harm to national security interests of the otherwise made available by this Act may be ob- for the Program Manager for the Information United States, and that the term of the contract ligated or expended to pay a retired general or

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9017 flag officer to serve as a senior mentor advising where these functions will be transferred from (2) is or was held on or after June 24, 2009, at the Department of Defense unless such retired and to; a listing of all Air Force Material Com- the United States Naval Station, Guantanamo officer files a Standard Form 278 (or successor mand personnel positions to be transferred and Bay, Cuba, by the Department of Defense. form concerning public financial disclosure an identification of the locations these positions SEC. 8120. (a)(1) Except as provided in para- under part 2634 of title 5, Code of Federal Regu- will be transferred from and to; and the cost graph (2) and subsection (d), none of the funds lations) to the Office of Government Ethics. benefit analysis and the life-cycle cost analysis appropriated or otherwise made available in this SEC. 8108. Appropriations available to the De- underpinning the Secretary of the Air Force’s or any other Act may be used to transfer any in- partment of Defense may be used for the pur- decision to relocate Air Force Material Com- dividual detained at Guantanamo to the cus- chase of heavy and light armored vehicles for mand functions and personnel. tody or control of the individual’s country of or- the physical security of personnel or for force SEC. 8113. Not later than 120 days after the igin, any other foreign country, or any other protection purposes up to a limit of $250,000 per date of the enactment of this Act, the Secretary foreign entity unless the Secretary of Defense vehicle, notwithstanding price or other limita- of Defense shall resume quarterly reporting of submits to Congress the certification described tions applicable to the purchase of passenger the numbers of civilian personnel end strength in subsection (b) not later than 30 days before carrying vehicles. by appropriation account for each and every the transfer of the individual. SEC. 8109. The Inspector General of the De- appropriation account used to finance Federal (2) Paragraph (1) shall not apply to any ac- partment of Defense shall conduct a review of civilian personnel salaries to the congressional tion taken by the Secretary to transfer any indi- Anti-deficiency Act violations and their causes defense committees within 15 days after the end vidual detained at Guantanamo to effectuate— in the Department of Defense Military Per- of each fiscal quarter. (A) an order affecting the disposition of the sonnel accounts. Based on the findings of the SEC. 8114. In addition to amounts provided individual that is issued by a court or competent review, the Inspector General shall submit to the elsewhere in this Act, $10,000,000 is hereby ap- tribunal of the United States having lawful ju- congressional defense committees a report con- propriated, for an additional amount for ‘‘Re- risdiction (which the Secretary shall notify Con- taining the results of the review and rec- search, Development, Test and Evaluation, gress of promptly after issuance); or ommendations for corrective actions to be imple- Army’’, to remain available until September 30, (B) a pre-trial agreement entered in a military mented. 2013. Such funds may be available for the Sec- commission case prior to the date of the enact- SEC. 8110. Of the amounts appropriated for retary of the Army to conduct research on alter- ment of this Act. ‘‘Operation and Maintenance, Defense-Wide’’, native energy resources for deployed forces. (b) A certification described in this subsection $33,000,000 shall be available to the Secretary of SEC. 8115. The Secretary of Defense shall is a written certification made by the Secretary Defense, notwithstanding any other provision of study and report to the Congressional Defense of Defense, with the concurrence of the Sec- law, acting through the Office of Economic Ad- Committees the feasibility of using commercially retary of State and in consultation with the Di- justment of the Department of Defense, to make available telecommunications expense manage- rector of National Intelligence, that— grants, conclude cooperative agreements, and ment solutions across the Department of Defense (1) the government of the foreign country or supplement other Federal funds, to remain by March 1, 2012. the recognized leadership of the foreign entity to SEC. 8116. None of the funds appropriated in available until expended, to assist the civilian which the individual detained at Guantanamo this or any other Act may be used to plan, pre- population of Guam in response to the military is to be transferred— pare for, or otherwise take any action to under- buildup of Guam, to include addressing the need (A) is not a designated state sponsor of ter- take or implement the separation of the Na- for vehicles and supplies for civilian student rorism or a designated foreign terrorist organi- tional Intelligence Program budget from the De- transportation, preservation and repository of zation; partment of Defense budget. artifacts unearthed during military construc- (B) maintains control over each detention fa- tion, and construction of a mental health and (INCLUDING TRANSFER OF FUNDS) cility in which the individual is to be detained substance abuse facility: Provided, That the SEC. 8117. Upon a determination by the Direc- if the individual is to be housed in a detention Secretary of Defense shall, not fewer than 15 tor of National Intelligence that such action is facility; days prior to obligating funds for this purpose, necessary and in the national interest, the Di- (C) is not, as of the date of the certification, notify the congressional defense committees in rector may, with the approval of the Office of facing a threat that is likely to substantially af- writing of the details of any such obligation. Management and Budget, transfer not to exceed fect its ability to exercise control over the indi- SEC. 8111. None of the funds made available $2,000,000,000 of the funds made available in this vidual; by this Act may be used by the Secretary of De- Act for the National Intelligence Program: Pro- (D) has taken or agreed to take effective ac- fense to take beneficial occupancy of more than vided, That such authority to transfer may not tions to ensure that the individual cannot take 2,000 parking spaces (other than handicap-re- be used unless for higher priority items, based action to threaten the United States, its citizens, served spaces) to be provided by the BRAC 133 on unforeseen intelligence requirements, than or its allies in the future; project: Provided, That this limitation may be those for which originally appropriated and in (E) has taken or agreed to take such actions waived in part if: (1) the Secretary of Defense no case where the item for which funds are re- as the Secretary of Defense determines are nec- certifies to Congress that levels of service at ex- quested has been denied by the Congress: Pro- essary to ensure that the individual cannot en- isting intersections in the vicinity of the project vided further, That a request for multiple gage or reengage in any terrorist activity; and have not experienced failing levels of service as reprogrammings of funds using authority pro- (F) has agreed to share with the United States defined by the Transportation Research Board vided in this section shall be made prior to June any information that— Highway Capacity Manual over a consecutive 30, 2012. (i) is related to the individual or any associ- 90-day period; (2) the Department of Defense (INCLUDING TRANSFER OF FUNDS) ates of the individual; and and the Virginia Department of Transportation SEC. 8118. In addition to amounts provided (ii) could affect the security of the United agree on the number of additional parking elsewhere in this Act, there is appropriated States, its citizens, or its allies; and spaces that may be made available to employees $250,000,000, for an additional amount for ‘‘Op- (2) includes an assessment, in classified or un- of the facility subject to continued 90-day traffic eration and Maintenance, Defense-Wide’’, to be classified form, of the capacity, willingness, and monitoring; and (3) the Secretary of Defense no- available until expended: Provided, That such past practices (if applicable) of the foreign tifies the congressional defense committees in funds shall only be available to the Secretary of country or entity in relation to the Secretary’s writing at least 14 days prior to exercising this Defense, acting through the Office of Economic certifications. waiver of the number of additional parking Adjustment of the Department of Defense, or for (c)(1) Except as provided in paragraph (2) and spaces to be made available: Provided further, transfer to the Secretary of Education, notwith- subsection (d), none of the funds appropriated That the Secretary of Defense shall implement standing any other provision of law, to make or otherwise made available in this or any other the Department of Defense Inspector General grants, conclude cooperative agreements, or sup- Act may be used to transfer any individual de- recommendations outlined in report number plement other Federal funds to construct, ren- tained at Guantanamo to the custody or control DODIG–2012–024, and certify to Congress not ovate, repair, or expand elementary and sec- of the individual’s country of origin, any other later than 180 days after enactment of this Act ondary public schools on military installations foreign country, or any other foreign entity if that the recommendations have been imple- in order to address capacity or facility condition there is a confirmed case of any individual who mented. deficiencies at such schools: Provided further, was detained at United States Naval Station, SEC. 8112. (a) None of the funds provided in That in making such funds available, the Office Guantanamo Bay, Cuba, at any time after Sep- this title for Operation and Maintenance may be of Economic Adjustment or the Secretary of tember 11, 2001, who was transferred to such available for obligation or expenditure to relo- Education shall give priority consideration to foreign country or entity and subsequently en- cate Air Force program offices, or acquisition those military installations with schools having gaged in any terrorist activity. management functions of major weapons sys- the most serious capacity or facility condition (2) Paragraph (1) shall not apply to any ac- tems, to a central location, or to any location deficiencies as determined by the Secretary of tion taken by the Secretary to transfer any indi- other than the Air Force Material Command site Defense. vidual detained at Guantanamo to effectuate— where they are currently located until 30 days SEC. 8119. None of the funds appropriated or (A) an order affecting the disposition of the after the Secretary of the Air Force submits the otherwise made available in this or any other individual that is issued by a court or competent initial report under subsection (b). Act may be used to transfer, release, or assist in tribunal of the United States having lawful ju- (b) The Secretary of the Air Force shall submit the transfer or release to or within the United risdiction (which the Secretary shall notify Con- to the congressional defense committees a report States, its territories, or possessions Khalid gress of promptly after issuance); or which includes the following: a listing of all Air Sheikh Mohammed or any other detainee who— (B) a pre-trial agreement entered in a military Force Material Command functions to be trans- (1) is not a United States citizen or a member commission case prior to the date of the enact- ferred and an identification of the locations of the Armed Forces of the United States; and ment of this Act.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9018 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (d)(1) The Secretary of Defense may waive the (b) The prohibition in subsection (a) shall not unpaid tax liability, unless the agency has con- applicability to a detainee transfer of a certifi- apply to any modification of facilities at United sidered suspension or debarment of the corpora- cation requirement specified in subparagraph States Naval Station, Guantanamo Bay, Cuba. tion and made a determination that this further (D) or (E) of subsection (b)(1) or the prohibition (c) An individual described in this subsection action is not necessary to protect the interests of in subsection (c), if the Secretary certifies the is any individual who, as of June 24, 2009, is lo- the Government. rest of the criteria required by subsection (b) for cated at United States Naval Station, Guanta- SEC. 8125. None of the funds made available transfers prohibited by (c) and, with the concur- namo Bay, Cuba, and who— by this Act may be used to enter into a contract, rence of the Secretary of State and in consulta- (1) is not a citizen of the United States or a memorandum of understanding, or cooperative tion with the Director of National Intelligence, member of the Armed Forces of the United agreement with, make a grant to, or provide a determines that— States; and loan or loan guarantee to, any corporation that (A) alternative actions will be taken to ad- (2) is— was convicted of a felony criminal violation dress the underlying purpose of the requirement (A) in the custody or under the effective con- under any Federal law within the preceding 24 or requirements to be waived; trol of the Department of Defense; or months, where the awarding agency is aware of (B) in the case of a waiver of subparagraph (B) otherwise under detention at United the conviction, unless the agency has considered (D) or (E) of subsection (b)(1), it is not possible States Naval Station, Guantanamo Bay, Cuba. suspension or debarment of the corporation and to certify that the risks addressed in the para- SEC. 8122. Of the funds made available to the made a determination that this further action is graph to be waived have been completely elimi- Department of Defense under ‘‘Operation and not necessary to protect the interests of the Gov- nated, but the actions to be taken under sub- Maintenance, Defense-Wide’’ in title II, ernment. paragraph (A) will substantially mitigate such $1,000,000 may be available to the Department to risks with regard to the individual to be trans- competitively commission an independent assess- (INCLUDING TRANSFER OF FUNDS) ferred; ment of the current and prospective situation on SEC. 8126. There is hereby established in the (C) in the case of a waiver of subsection (c), the ground in Afghanistan and Pakistan, in- Treasury of the United States the ‘‘Military In- the Secretary has considered any confirmed case cluding the strategic environment in and telligence Program Transfer Fund’’. In addition in which an individual who was transferred to around Afghanistan and Pakistan; the security, to amounts provided elsewhere in this Act, there the country subsequently engaged in terrorist political, and economic and reconstruction de- is appropriated $310,758,000 for the ‘‘Military activity, and the actions to be taken under sub- velopments in those two countries; and relevant Intelligence Program Transfer Fund’’: Provided, paragraph (A) will substantially mitigate the policy recommendations relating thereto. That of the funds made available in this section, risk of recidivism with regard to the individual SEC. 8123. Not later than 90 days after the the Secretary of Defense may transfer these to be transferred; and date of the enactment of this Act, the Secretary funds only to ‘‘Operation and Maintenance, De- (D) the transfer is in the national security in- of Defense shall submit to the congressional de- fense-Wide’’ or ‘‘Research, Development, Test terests of the United States. fense committees a report on the approximately and Evaluation, Defense-Wide’’ and only for (2) Whenever the Secretary makes a deter- $100,000,000,000 in efficiency savings identified the purposes described in the classified annex mination under paragraph (1), the Secretary by the military departments in the defense budg- accompanying this Act: Provided further, That shall submit to the appropriate committees of et covering fiscal years 2012 through 2016 that the Secretary shall notify the congressional de- Congress, not later than 30 days before the are to be reinvested in the priorities of the mili- fense committees in writing of the details of any transfer of the individual concerned, the fol- tary departments. Such report shall include an such transfer not fewer than 15 days prior to lowing: analysis of— making such transfers: Provided further, That (A) A copy of the determination and the waiv- (1) each savings identified by the military de- funds transferred shall be merged with and be er concerned. partments, including— available for the same purposes and for the (B) A statement of the basis for the determina- (A) the budget account from which such sav- same time period as the appropriations to which tion, including— ings will be derived; the funds are transferred: Provided further, (i) an explanation why the transfer is in the (B) the number of military personnel and full- That this transfer authority is in addition to national security interests of the United States; time civilian employees of the Federal Govern- any other transfer authority provided in this and ment affected by such savings; Act. (ii) in the case of a waiver of subparagraph (C) the estimated reductions in the number (D) or (E) of subsection (b)(1), an explanation SEC. 8127. None of the funds made available and funding of contractor personnel caused by by this Act may be used in contravention of sec- why it is not possible to certify that the risks such savings; and addressed in the subparagraph to be waived tion 1590 or 1591 of title 18, United States Code, (D) a specific description of activities or serv- or in contravention of the requirements of sec- have been completely eliminated. ices that will be affected by such savings, in- (C) A summary of the alternative actions to be tion 106(g) or (h) of the Trafficking Victims Pro- cluding the locations of such activities or serv- tection Act of 2000 (22 U.S.C. 7104(g) or (h)). taken to address the underlying purpose of, and ices; and SEC. 8128. None of the funds made available to mitigate the risks addressed in, the subpara- (2) each reinvestment planned to be funded graph or subsection to be waived. by this Act for international military education with such savings, including— and training, foreign military financing, excess (D) The assessment required by subsection (A) with respect to such reinvestment in pro- defense articles, assistance under section 1206 of (b)(2). curement and research, development, test and the National Defense Authorization Act for Fis- (e) In this section: evaluation accounts, the budget account to (1) The term ‘‘appropriate committees of Con- cal Year 2006 (Public Law 109–163; 119 Stat. which such savings will be reinvested, includ- gress’’ means— 3456), issuance for direct commercial sales of ing, by line item, the number of items to be pro- (A) the Committee on Armed Services, the military equipment, or peacekeeping operations cured, as shown in annual P–1 and R–1 docu- Committee on Appropriations, and the Select for the countries of Chad, Yemen, Somalia, ments; Committee on Intelligence of the Senate; and Sudan, Democratic Republic of the Congo, and (B) with respect to such reinvestment in mili- (B) the Committee on Armed Services, the Burma may be used to support any military tary personnel and operation and maintenance Committee on Appropriations, and the Perma- training or operations that include child sol- accounts, the budget account and the sub- nent Select Committee on Intelligence of the diers, as defined by the Child Soldiers Preven- activity (as shown in annual–1 and O–1 budget House of Representatives. tion Act of 2008, and except if such assistance is documents) to which such savings will be rein- (2) The term ‘‘individual detained at Guanta- otherwise permitted under section 404 of the vested; namo’’ means any individual located at United Child Soldiers Prevention Act of 2008 (Public (C) the number of military personnel and full- States Naval Station, Guantanamo Bay, Cuba, Law 110–457; 22 U.S.C. 2370c–1). time civilian employees of the Federal Govern- as of October 1, 2009, who— SEC. 8129. None of the funds made available (A) is not a citizen of the United States or a ment affected by such reinvestment; (D) the estimated number and funding of con- by this Act may be used in contravention of the member of the Armed Forces of the United War Powers Resolution (50 U.S.C. 1541 et seq.). States; and tractor personnel affected by such reinvestment; (B) is— and TITLE IX (i) in the custody or under the control of the (E) a specific description of activities or serv- OVERSEAS CONTINGENCY OPERATIONS Department of Defense; or ices that will be affected by such reinvestment, MILITARY PERSONNEL (ii) otherwise under detention at United States including the locations of such activities or serv- Naval Station, Guantanamo Bay, Cuba. ices. MILITARY PERSONNEL, ARMY (3) The term ‘‘foreign terrorist organization’’ SEC. 8124. None of the funds made available For an additional amount for ‘‘Military Per- means any organization so designated by the by this Act may be used to enter into a contract, sonnel, Army’’, $7,195,335,000: Provided, That Secretary of State under section 219 of the Immi- memorandum of understanding, or cooperative such amounts in this paragraph are designated gration and Nationality Act (8 U.S.C. 1189). agreement with, make a grant to, or provide a by the Congress for Overseas Contingency Oper- SEC. 8121. (a) None of the funds appropriated loan or loan guarantee to, any corporation that ations/Global War on Terrorism pursuant to sec- or otherwise made available in this or any other any unpaid Federal tax liability that has been tion 251(b)(2)(A) of the Balanced Budget and Act may be used to construct, acquire, or modify assessed, for which all judicial and administra- Emergency Deficit Control Act of 1985. any facility in the United States, its territories, tive remedies have been exhausted or have or possessions to house any individual described lapsed, and that is not being paid in a timely MILITARY PERSONNEL, NAVY in subsection (c) for the purposes of detention or manner pursuant to an agreement with the au- For an additional amount for ‘‘Military Per- imprisonment in the custody or under the effec- thority responsible for collecting the tax liabil- sonnel, Navy’’, $1,259,234,000: Provided, That tive control of the Department of Defense. ity, where the awarding agency is aware of the such amounts in this paragraph are designated

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by the Congress for Overseas Contingency Oper- OPERATION AND MAINTENANCE, NAVY vided, That such amounts in this paragraph are ations/Global War on Terrorism pursuant to sec- For an additional amount for ‘‘Operation and designated by the Congress for Overseas Contin- tion 251(b)(2)(A) of the Balanced Budget and Maintenance, Navy’’, $7,674,026,000: Provided, gency Operations/Global War on Terrorism pur- Emergency Deficit Control Act of 1985. That such amounts in this paragraph are des- suant to section 251(b)(2)(A) of the Balanced MILITARY PERSONNEL, MARINE CORPS ignated by the Congress for Overseas Contin- Budget and Emergency Deficit Control Act of For an additional amount for ‘‘Military Per- gency Operations/Global War on Terrorism pur- 1985. sonnel, Marine Corps’’, $714,360,000: Provided, suant to section 251(b)(2)(A) of the Balanced OPERATION AND MAINTENANCE, MARINE CORPS That such amounts in this paragraph are des- Budget and Emergency Deficit Control Act of RESERVE ignated by the Congress for Overseas Contin- 1985. For an additional amount for ‘‘Operation and gency Operations/Global War on Terrorism pur- OPERATION AND MAINTENANCE, MARINE CORPS Maintenance, Marine Corps Reserve’’, suant to section 251(b)(2)(A) of the Balanced For an additional amount for ‘‘Operation and $36,084,000: Provided, That such amounts in this Budget and Emergency Deficit Control Act of Maintenance, Marine Corps’’, $3,935,210,000: paragraph are designated by the Congress for 1985. Provided, That such amounts in this paragraph Overseas Contingency Operations/Global War MILITARY PERSONNEL, AIR FORCE are designated by the Congress for Overseas on Terrorism pursuant to section 251(b)(2)(A) of Contingency Operations/Global War on Ter- the Balanced Budget and Emergency Deficit For an additional amount for ‘‘Military Per- rorism pursuant to section 251(b)(2)(A) of the Control Act of 1985. sonnel, Air Force’’, $1,492,381,000: Provided, Balanced Budget and Emergency Deficit Con- OPERATION AND MAINTENANCE, AIR FORCE That such amounts in this paragraph are des- trol Act of 1985. ignated by the Congress for Overseas Contin- RESERVE OPERATION AND MAINTENANCE, AIR FORCE gency Operations/Global War on Terrorism pur- For an additional amount for ‘‘Operation and suant to section 251(b)(2)(A) of the Balanced For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $142,050,000: Budget and Emergency Deficit Control Act of Maintenance, Air Force’’, $10,879,347,000: Pro- Provided, That such amounts in this paragraph 1985. vided, That such amounts in this paragraph are are designated by the Congress for Overseas designated by the Congress for Overseas Contin- RESERVE PERSONNEL, ARMY Contingency Operations/Global War on Ter- gency Operations/Global War on Terrorism pur- rorism pursuant to section 251(b)(2)(A) of the For an additional amount for ‘‘Reserve Per- suant to section 251(b)(2)(A) of the Balanced Balanced Budget and Emergency Deficit Con- sonnel, Army’’, $207,162,000: Provided, That Budget and Emergency Deficit Control Act of trol Act of 1985. such amounts in this paragraph are designated 1985. OPERATION AND MAINTENANCE, ARMY NATIONAL by the Congress for Overseas Contingency Oper- OPERATION AND MAINTENANCE, DEFENSE-WIDE ations/Global War on Terrorism pursuant to sec- GUARD For an additional amount for ‘‘Operation and tion 251(b)(2)(A) of the Balanced Budget and For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $9,252,211,000: Maintenance, Army National Guard’’, Emergency Deficit Control Act of 1985. Provided, That each amount in this section is $377,544,000: Provided, That such amounts in RESERVE PERSONNEL, NAVY designated by the Congress for Overseas Contin- this paragraph are designated by the Congress gency Operations/Global War on Terrorism pur- For an additional amount for ‘‘Reserve Per- for Overseas Contingency Operations/Global suant to section 251(b)(2)(A) of the Balanced sonnel, Navy’’, $44,530,000: Provided, That such War on Terrorism pursuant to section Budget and Emergency Deficit Control Act of amounts in this paragraph are designated by 251(b)(2)(A) of the Balanced Budget and Emer- 1985: Provided further, That of the funds pro- the Congress for Overseas Contingency Oper- gency Deficit Control Act of 1985. ations/Global War on Terrorism pursuant to sec- vided under this heading: Not to exceed tion 251(b)(2)(A) of the Balanced Budget and $1,690,000,000, to remain available until Sep- OPERATION AND MAINTENANCE, AIR NATIONAL Emergency Deficit Control Act of 1985. tember 30, 2013, for payments to reimburse key GUARD For an additional amount for ‘‘Operation and RESERVE PERSONNEL, MARINE CORPS cooperating nations for logistical, military, and other support, including access, provided to Maintenance, Air National Guard’’, $34,050,000: For an additional amount for ‘‘Reserve Per- United States military operations in support of Provided, That such amounts in this paragraph sonnel, Marine Corps’’, $25,421,000: Provided, Operation Enduring Freedom, Operation New are designated by the Congress for Overseas That such amounts in this paragraph are des- Dawn, and post-operation Iraq border security Contingency Operations/Global War on Ter- ignated by the Congress for Overseas Contin- related to the activities of the Office of Security rorism pursuant to section 251(b)(2)(A) of the gency Operations/Global War on Terrorism pur- Cooperation in Iraq, notwithstanding any other Balanced Budget and Emergency Deficit Con- suant to section 251(b)(2)(A) of the Balanced provision of law: Provided further, That such trol Act of 1985. Budget and Emergency Deficit Control Act of reimbursement payments may be made in such AFGHANISTAN INFRASTRUCTURE FUND 1985. amounts as the Secretary of Defense, with the (INCLUDING TRANSFER OF FUNDS) RESERVE PERSONNEL, AIR FORCE concurrence of the Secretary of State, and in For an additional amount for ‘‘Reserve Per- consultation with the Director of the Office of For the ‘‘Afghanistan Infrastructure Fund’’, sonnel, Air Force’’ $26,815,000: Provided, That Management and Budget, may determine, in his $400,000,000, to remain available until September such amounts in this paragraph are designated discretion, based on documentation determined 30, 2013: Provided, That such sums shall be by the Congress for Overseas Contingency Oper- by the Secretary of Defense to adequately ac- available for infrastructure projects in Afghani- ations/Global War on Terrorism pursuant to sec- count for the support provided, and such deter- stan, notwithstanding any other provision of tion 251(b)(2)(A) of the Balanced Budget and mination is final and conclusive upon the ac- law, which shall be undertaken by the Secretary Emergency Deficit Control Act of 1985. counting officers of the United States, and 15 of State, unless the Secretary of State and the Secretary of Defense jointly decide that a spe- NATIONAL GUARD PERSONNEL, ARMY days following notification to the appropriate congressional committees: Provided further, cific project will be undertaken by the Depart- For an additional amount for ‘‘National That the requirement to provide notification ment of Defense: Provided further, That the in- Guard Personnel, Army’’, $664,579,000: Provided, shall not apply with respect to a reimbursement frastructure referred to in the preceding proviso That such amounts in this paragraph are des- for access based on an international agreement: is in support of the counterinsurgency strategy, ignated by the Congress for Overseas Contin- Provided further, That these funds may be used requiring funding for facility and infrastructure gency Operations/Global War on Terrorism pur- for the purpose of providing specialized training projects, including, but not limited to, water, suant to section 251(b)(2)(A) of the Balanced and procuring supplies and specialized equip- power, and transportation projects and related Budget and Emergency Deficit Control Act of ment and providing such supplies and loaning maintenance and sustainment costs: Provided 1985. such equipment on a non-reimbursable basis to further, That the authority to undertake such NATIONAL GUARD PERSONNEL, AIR FORCE coalition forces supporting United States mili- infrastructure projects is in addition to any For an additional amount for ‘‘National tary operations in Afghanistan, and 15 days fol- other authority to provide assistance to foreign Guard Personnel, Air Force’’, $9,435,000: Pro- lowing notification to the appropriate congres- nations: Provided further, That any projects vided, That such amounts in this paragraph are sional committees: Provided further, That the funded by this appropriation shall be jointly designated by the Congress for Overseas Contin- Secretary of Defense shall provide quarterly re- formulated and concurred in by the Secretary of gency Operations/Global War on Terrorism pur- ports to the congressional defense committees on State and Secretary of Defense: Provided fur- suant to section 251(b)(2)(A) of the Balanced the use of funds provided in this paragraph. ther, That funds may be transferred to the De- partment of State for purposes of undertaking Budget and Emergency Deficit Control Act of OPERATION AND MAINTENANCE, ARMY RESERVE 1985. projects, which funds shall be considered to be For an additional amount for ‘‘Operation and economic assistance under the Foreign Assist- OPERATION AND MAINTENANCE Maintenance, Army Reserve’’, $217,500,000: Pro- ance Act of 1961 for purposes of making avail- OPERATION AND MAINTENANCE, ARMY vided, That such amounts in this paragraph are able the administrative authorities contained in For an additional amount for ‘‘Operation and designated by the Congress for Overseas Contin- that Act: Provided further, That the transfer Maintenance, Army’’, $44,794,156,000: Provided, gency Operations/Global War on Terrorism pur- authority in the preceding proviso is in addition That such amounts in this paragraph are des- suant to section 251(b)(2)(A) of the Balanced to any other authority available to the Depart- ignated by the Congress for Overseas Contin- Budget and Emergency Deficit Control Act of ment of Defense to transfer funds: Provided fur- gency Operations/Global War on Terrorism pur- 1985. ther, That any unexpended funds transferred to suant to section 251(b)(2)(A) of the Balanced OPERATION AND MAINTENANCE, NAVY RESERVE the Secretary of State under this authority shall Budget and Emergency Deficit Control Act of For an additional amount for ‘‘Operation and be returned to the Afghanistan Infrastructure 1985. Maintenance, Navy Reserve’’, $74,148,000: Pro- Fund if the Secretary of State, in coordination

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with the Secretary of Defense, determines that MISSILE PROCUREMENT, ARMY ations/Global War on Terrorism pursuant to sec- the project cannot be implemented for any rea- For an additional amount for ‘‘Missile Pro- tion 251(b)(2)(A) of the Balanced Budget and son, or that the project no longer supports the curement, Army’’, $126,556,000, to remain avail- Emergency Deficit Control Act of 1985. counterinsurgency strategy in Afghanistan: able until September 30, 2014: Provided, That AIRCRAFT PROCUREMENT, AIR FORCE Provided further, That any funds returned to such amounts in this paragraph are designated For an additional amount for ‘‘Aircraft Pro- the Secretary of Defense under the previous pro- by the Congress for Overseas Contingency Oper- curement, Air Force’’, $1,235,777,000, to remain viso shall be available for use under this appro- ations/Global War on Terrorism pursuant to sec- available until September 30, 2014: Provided, priation and shall be treated in the same man- tion 251(b)(2)(A) of the Balanced Budget and That such amounts in this paragraph are des- ner as funds not transferred to the Secretary of Emergency Deficit Control Act of 1985. ignated by the Congress for Overseas Contin- State: Provided further, That contributions of gency Operations/Global War on Terrorism pur- funds for the purposes provided herein to the PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY suant to section 251(b)(2)(A) of the Balanced Secretary of State in accordance with section Budget and Emergency Deficit Control Act of 635(d) of the Foreign Assistance Act from any For an additional amount for ‘‘Procurement 1985. person, foreign government, or international or- of Weapons and Tracked Combat Vehicles, ganization may be credited to this Fund, to re- Army’’, $37,117,000, to remain available until MISSILE PROCUREMENT, AIR FORCE main available until expended, and used for September 30, 2014: Provided, That such For an additional amount for ‘‘Missile Pro- such purposes: Provided further, That the Sec- amounts in this paragraph are designated by curement, Air Force’’, $41,220,000, to remain retary of Defense shall, not fewer than 15 days the Congress for Overseas Contingency Oper- available until September 30, 2014: Provided, prior to making transfers to or from, or obliga- ations/Global War on Terrorism pursuant to sec- That such amounts in this paragraph are des- tions from the Fund, notify the appropriate tion 251(b)(2)(A) of the Balanced Budget and ignated by the Congress for Overseas Contin- committees of Congress in writing of the details Emergency Deficit Control Act of 1985. gency Operations/Global War on Terrorism pur- suant to section 251(b)(2)(A) of the Balanced of any such transfer: Provided further, That the PROCUREMENT OF AMMUNITION, ARMY ‘‘appropriate committees of Congress’’ are the Budget and Emergency Deficit Control Act of For an additional amount for ‘‘Procurement Committees on Armed Services, Foreign Rela- 1985. of Ammunition, Army’’, $208,381,000, to remain tions and Appropriations of the Senate and the PROCUREMENT OF AMMUNITION, AIR FORCE available until September 30, 2014: Provided, Committees on Armed Services, Foreign Affairs For an additional amount for ‘‘Procurement and Appropriations of the House of Representa- That such amounts in this paragraph are des- ignated by the Congress for Overseas Contin- of Ammunition, Air Force’’, $109,010,000, to re- tives: Provided further, That such amounts in main available until September 30, 2014: Pro- this paragraph are designated by the Congress gency Operations/Global War on Terrorism pur- suant to section 251(b)(2)(A) of the Balanced vided, That such amounts in this paragraph are for Overseas Contingency Operations/Global designated by the Congress for Overseas Contin- War on Terrorism pursuant to section Budget and Emergency Deficit Control Act of 1985. gency Operations/Global War on Terrorism pur- 251(b)(2)(A) of the Balanced Budget and Emer- suant to section 251(b)(2)(A) of the Balanced gency Deficit Control Act of 1985. OTHER PROCUREMENT, ARMY Budget and Emergency Deficit Control Act of AFGHANISTAN SECURITY FORCES FUND For an additional amount for ‘‘Other Procure- 1985. For the ‘‘Afghanistan Security Forces Fund’’, ment, Army’’, $1,334,345,000, to remain available OTHER PROCUREMENT, AIR FORCE until September 30, 2014: Provided, That such $11,200,000,000, to remain available until Sep- For an additional amount for ‘‘Other Procure- amounts in this paragraph are designated by tember 30, 2013: Provided, That such funds shall ment, Air Force’’, $3,088,510,000, to remain the Congress for Overseas Contingency Oper- be available to the Secretary of Defense, not- available until September 30, 2014: Provided, ations/Global War on Terrorism pursuant to sec- withstanding any other provision of law, for the That such amounts in this paragraph are des- tion 251(b)(2)(A) of the Balanced Budget and purpose of allowing the Commander, Combined ignated by the Congress for Overseas Contin- Emergency Deficit Control Act of 1985. Security Transition Command—Afghanistan, or gency Operations/Global War on Terrorism pur- the Secretary’s designee, to provide assistance, AIRCRAFT PROCUREMENT, NAVY suant to section 251(b)(2)(A) of the Balanced with the concurrence of the Secretary of State, For an additional amount for ‘‘Aircraft Pro- Budget and Emergency Deficit Control Act of to the security forces of Afghanistan, including curement, Navy’’, $480,935,000, to remain avail- 1985. the provision of equipment, supplies, services, able until September 30, 2014: Provided, That PROCUREMENT, DEFENSE-WIDE training, facility and infrastructure repair, ren- such amounts in this paragraph are designated ovation, and construction, and funding: Pro- For an additional amount for ‘‘Procurement, by the Congress for Overseas Contingency Oper- vided further, That the authority to provide as- Defense-Wide’’, $405,768,000, to remain available ations/Global War on Terrorism pursuant to sec- sistance under this heading is in addition to any until September 30, 2014: Provided, That such tion 251(b)(2)(A) of the Balanced Budget and other authority to provide assistance to foreign amounts in this paragraph are designated by Emergency Deficit Control Act of 1985. nations: Provided further, That contributions of the Congress for Overseas Contingency Oper- funds for the purposes provided herein from any WEAPONS PROCUREMENT, NAVY ations/Global War on Terrorism pursuant to sec- person, foreign government, or international or- For an additional amount for ‘‘Weapons Pro- tion 251(b)(2)(A) of the Balanced Budget and ganization may be credited to this Fund and curement, Navy’’, $41,070,000, to remain avail- Emergency Deficit Control Act of 1985. used for such purposes: Provided further, That able until September 30, 2014: Provided, That NATIONAL GUARD AND RESERVE EQUIPMENT the Secretary of Defense shall notify the con- such amounts in this paragraph are designated For procurement of aircraft, missiles, tracked gressional defense committees in writing upon by the Congress for Overseas Contingency Oper- combat vehicles, ammunition, other weapons the receipt and upon the obligation of any con- ations/Global War on Terrorism pursuant to sec- and other procurement for the reserve compo- tribution, delineating the sources and amounts tion 251(b)(2)(A) of the Balanced Budget and nents of the Armed Forces, $1,000,000,000, to re- of the funds received and the specific use of Emergency Deficit Control Act of 1985. main available for obligation until September 30, such contributions: Provided further, That the PROCUREMENT OF AMMUNITION, NAVY AND 2014: Provided, That the Chiefs of National Secretary of Defense shall, not fewer than 15 MARINE CORPS Guard and Reserve components shall, not later days prior to obligating from this appropriation than 30 days after the enactment of this Act, in- For an additional amount for ‘‘Procurement account, notify the congressional defense com- dividually submit to the congressional defense of Ammunition, Navy and Marine Corps’’, mittees in writing of the details of any such ob- committees the modernization priority assess- $317,100,000, to remain available until September ligation: Provided further, That the Secretary of ment for their respective National Guard or Re- 30, 2014: Provided, That such amounts in this Defense shall notify the congressional defense serve component: Provided further, That such paragraph are designated by the Congress for committees of any proposed new projects or amounts in this paragraph are designated by Overseas Contingency Operations/Global War transfer of funds between budget sub-activity the Congress for Overseas Contingency Oper- on Terrorism pursuant to section 251(b)(2)(A) of groups in excess of $20,000,000: Provided further, ations/Global War on Terrorism pursuant to sec- the Balanced Budget and Emergency Deficit That such amounts in this paragraph are des- tion 251(b)(2)(A) of the Balanced Budget and Control Act of 1985. ignated by the Congress for Overseas Contin- Emergency Deficit Control Act of 1985. OTHER PROCUREMENT, NAVY gency Operations/Global War on Terrorism pur- MINE RESISTANT AMBUSH PROTECTED VEHICLE suant to section 251(b)(2)(A) of the Balanced For an additional amount for ‘‘Other Procure- FUND Budget and Emergency Deficit Control Act of ment, Navy’’, $236,125,000, to remain available (INCLUDING TRANSFER OF FUNDS) 1985. until September 30, 2014: Provided, That such For the Mine Resistant Ambush Protected Ve- amounts in this paragraph are designated by PROCUREMENT hicle Fund, $2,600,170,000, to remain available the Congress for Overseas Contingency Oper- AIRCRAFT PROCUREMENT, ARMY until September 30, 2013: Provided, That such ations/Global War on Terrorism pursuant to sec- For an additional amount for ‘‘Aircraft Pro- funds shall be available to the Secretary of De- tion 251(b)(2)(A) of the Balanced Budget and curement, Army’’, $1,137,381,000, to remain fense, notwithstanding any other provision of Emergency Deficit Control Act of 1985. available until September 30, 2014: Provided, law, to procure, sustain, transport, and field That such amounts in this paragraph are des- PROCUREMENT, MARINE CORPS Mine Resistant Ambush Protected vehicles: Pro- ignated by the Congress for Overseas Contin- For an additional amount for ‘‘Procurement, vided further, That the Secretary shall transfer gency Operations/Global War on Terrorism pur- Marine Corps’’, $1,233,996,000, to remain avail- such funds only to appropriations made avail- suant to section 251(b)(2)(A) of the Balanced able until September 30, 2014: Provided, That able in this or any other Act for operation and Budget and Emergency Deficit Control Act of such amounts in this paragraph are designated maintenance; procurement; research, develop- 1985. by the Congress for Overseas Contingency Oper- ment, test and evaluation; and defense working

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From funds made available in this thority available to the Department of Defense: $456,458,000, to remain available until September title, the Secretary of Defense may purchase for Provided further, That the Secretary shall, not 30, 2013: Provided, That such amounts in this use by military and civilian employees of the fewer than 10 days prior to making transfers paragraph are designated by the Congress for Department of Defense in the U.S. Central Com- from this appropriation, notify the congres- Overseas Contingency Operations/Global War mand area of responsibility: (a) passenger motor sional defense committees in writing of the de- on Terrorism pursuant to section 251(b)(2)(A) of vehicles up to a limit of $75,000 per vehicle; and tails of any such transfer: Provided further, the Balanced Budget and Emergency Deficit (b) heavy and light armored vehicles for the That such amounts in this paragraph are des- Control Act of 1985. ignated by the Congress for Overseas Contin- physical security of personnel or for force pro- gency Operations/Global War on Terrorism pur- JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT tection purposes up to a limit of $250,000 per ve- suant to section 251(b)(2)(A) of the Balanced FUND hicle, notwithstanding price or other limitations Budget and Emergency Deficit Control Act of (INCLUDING TRANSFER OF FUNDS) applicable to the purchase of passenger carrying 1985. For the ‘‘Joint Improvised Explosive Device vehicles. SEC. 9005. Not to exceed $400,000,000 of the RESEARCH, DEVELOPMENT, TEST AND Defeat Fund’’, $2,441,984,000, to remain avail- amount appropriated in this title under the EVALUATION able until September 30, 2014: Provided, That such funds shall be available to the Secretary of heading ‘‘Operation and Maintenance, Army’’ RESEARCH, DEVELOPMENT, TEST AND Defense, notwithstanding any other provision of may be used, notwithstanding any other provi- EVALUATION, ARMY law, for the purpose of allowing the Director of sion of law, to fund the Commander’s Emer- For an additional amount for ‘‘Research, De- the Joint Improvised Explosive Device Defeat gency Response Program (CERP), for the pur- velopment, Test and Evaluation, Army’’, Organization to investigate, develop and provide pose of enabling military commanders in Af- $18,513,000, to remain available until September equipment, supplies, services, training, facilities, ghanistan to respond to urgent, small-scale, hu- 30, 2013: Provided, That such amounts in this personnel and funds to assist United States manitarian relief and reconstruction require- paragraph are designated by the Congress for forces in the defeat of improvised explosive de- ments within their areas of responsibility: Pro- Overseas Contingency Operations/Global War vices: Provided further, That the Secretary of vided, That each project (including any ancil- on Terrorism pursuant to section 251(b)(2)(A) of Defense may transfer funds provided herein to lary or related elements in connection with such the Balanced Budget and Emergency Deficit appropriations for military personnel; operation project) executed under this authority shall not Control Act of 1985. and maintenance; procurement; research, devel- exceed $20,000,000: Provided further, That not RESEARCH, DEVELOPMENT, TEST AND opment, test and evaluation; and defense work- later than 45 days after the end of each fiscal EVALUATION, NAVY ing capital funds to accomplish the purpose pro- year quarter, the Secretary of Defense shall sub- For an additional amount for ‘‘Research, De- vided herein: Provided further, That this trans- mit to the congressional defense committees a re- velopment, Test and Evaluation, Navy’’, fer authority is in addition to any other transfer port regarding the source of funds and the allo- $53,884,000, to remain available until September authority available to the Department of De- cation and use of funds during that quarter 30, 2013: Provided, That such amounts in this fense: Provided further, That the Secretary of that were made available pursuant to the au- paragraph are designated by the Congress for Defense shall, not fewer than 15 days prior to thority provided in this section or under any Overseas Contingency Operations/Global War making transfers from this appropriation, notify other provision of law for the purposes described on Terrorism pursuant to section 251(b)(2)(A) of the congressional defense committees in writing herein: Provided further, That, not later than 30 the Balanced Budget and Emergency Deficit of the details of any such transfer: Provided days after the end of each month, the Army Control Act of 1985. further, That such amounts in this paragraph shall submit to the congressional defense com- mittees monthly commitment, obligation, and ex- RESEARCH, DEVELOPMENT, TEST AND are designated by the Congress for Overseas penditure data for the Commander’s Emergency EVALUATION, AIR FORCE Contingency Operations/Global War on Ter- rorism pursuant to section 251(b)(2)(A) of the Response Program in Afghanistan: Provided For an additional amount for ‘‘Research, De- Balanced Budget and Emergency Deficit Con- further, That not less than 15 days before mak- velopment, Test and Evaluation, Air Force’’, trol Act of 1985. ing funds available pursuant to the authority $259,600,000, to remain available until September provided in this section or under any other pro- OFFICE OF THE INSPECTOR GENERAL 30, 2013: Provided, That such amounts in this vision of law for the purposes described herein paragraph are designated by the Congress for For an additional amount for the ‘‘Office of for a project with a total anticipated cost for Overseas Contingency Operations/Global War the Inspector General’’, $11,055,000: Provided, completion of $5,000,000 or more, the Secretary on Terrorism pursuant to section 251(b)(2)(A) of That such amounts in this paragraph are des- shall submit to the congressional defense com- the Balanced Budget and Emergency Deficit ignated by the Congress for Overseas Contin- mittees a written notice containing each of the Control Act of 1985. gency Operations/Global War on Terrorism pur- following: RESEARCH, DEVELOPMENT, TEST AND suant to section 251(b)(2)(A) of the Balanced (1) The location, nature and purpose of the EVALUATION, DEFENSE-WIDE Budget and Emergency Deficit Control Act of proposed project, including how the project is 1985. For an additional amount for ‘‘Research, De- intended to advance the military campaign plan velopment, Test and Evaluation, Defense- GENERAL PROVISIONS—THIS TITLE for the country in which it is to be carried out. Wide’’, $194,361,000, to remain available until SEC. 9001. Notwithstanding any other provi- (2) The budget, implementation timeline with September 30, 2013: Provided, That such sion of law, funds made available in this title milestones, and completion date for the proposed amounts in this paragraph are designated by are in addition to amounts appropriated or oth- project, including any other CERP funding that the Congress for Overseas Contingency Oper- erwise made available for the Department of De- has been or is anticipated to be contributed to ations/Global War on Terrorism pursuant to sec- fense for fiscal year 2012. the completion of the project. (3) A plan for the sustainment of the proposed tion 251(b)(2)(A) of the Balanced Budget and (INCLUDING TRANSFER OF FUNDS) project, including the agreement with either the Emergency Deficit Control Act of 1985. SEC. 9002. Upon the determination of the Sec- host nation, a non-Department of Defense agen- REVOLVING AND MANAGEMENT FUNDS retary of Defense that such action is necessary cy of the United States Government or a third- DEFENSE WORKING CAPITAL FUNDS in the national interest, the Secretary may, with party contributor to finance the sustainment of For an additional amount for ‘‘Defense Work- the approval of the Office of Management and the activities and maintenance of any equip- ing Capital Funds’’, $435,013,000: Provided, Budget, transfer up to $4,000,000,000 between the ment or facilities to be provided through the That such amounts in this paragraph are des- appropriations or funds made available to the proposed project. ignated by the Congress for Overseas Contin- Department of Defense in this title: Provided, SEC. 9006. Funds available to the Department gency Operations/Global War on Terrorism pur- That the Secretary shall notify the Congress of Defense for operation and maintenance may suant to section 251(b)(2)(A) of the Balanced promptly of each transfer made pursuant to the be used, notwithstanding any other provision of Budget and Emergency Deficit Control Act of authority in this section: Provided further, That law, to provide supplies, services, transpor- 1985. the authority provided in this section is in addi- tation, including airlift and sealift, and other tion to any other transfer authority available to logistical support to coalition forces supporting OTHER DEPARTMENT OF DEFENSE the Department of Defense and is subject to the military and stability operations in Iraq and Af- PROGRAMS same terms and conditions as the authority pro- ghanistan: Provided, That the Secretary of De- DEFENSE HEALTH PROGRAM vided in the Department of Defense Appropria- fense shall provide quarterly reports to the con- For an additional amount for ‘‘Defense tions Act, 2012. gressional defense committees regarding support Health Program’’, $1,228,288,000, which shall be SEC. 9003. Supervision and administration provided under this section. for operation and maintenance, to remain avail- costs associated with a construction project SEC. 9007. None of the funds appropriated or able until September 30, 2012: Provided, That funded with appropriations available for oper- otherwise made available by this or any other such amounts in this paragraph are designated ation and maintenance, ‘‘Afghanistan Infra- Act shall be obligated or expended by the United by the Congress for Overseas Contingency Oper- structure Fund’’, or the ‘‘Afghanistan Security States Government for a purpose as follows:

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.035 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9022 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (1) To establish any military installation or and economic assistance activities in Afghani- and plans and specifications of projects prior to base for the purpose of providing for the perma- stan in support of Operation Enduring Freedom: construction, $125,000,000, to remain available nent stationing of United States Armed Forces Provided, That not less than 15 days before until expended. in Iraq. making funds available pursuant to the author- CONSTRUCTION (2) To exercise United States control over any ity provided in this section for any project with For expenses necessary for the construction of oil resource of Iraq. a total anticipated cost of $5,000,000 or more, the river and harbor, flood and storm damage re- (3) To establish any military installation or Secretary shall submit to the congressional de- duction, shore protection, aquatic ecosystem res- base for the purpose of providing for the perma- fense committees a written notice containing a toration, and related projects authorized by law; nent stationing of United States Armed Forces detailed justification and timeline for each pro- for conducting detailed studies, and plans and in Afghanistan. posed project. specifications, of such projects (including those SEC. 9008. None of the funds made available in SEC. 9013. From funds made available to the involving participation by States, local govern- this Act may be used in contravention of the fol- Department of Defense in this title under the ments, or private groups) authorized or made el- lowing laws enacted or regulations promulgated heading ‘‘Operation and Maintenance, Air igible for selection by law (but such detailed to implement the United Nations Convention Force’’ up to $524,000,000 may be used by the studies, and plans and specifications, shall not Against Torture and Other Cruel, Inhuman or Secretary of Defense, notwithstanding any constitute a commitment of the Government to Degrading Treatment or Punishment (done at other provision of law, to support United States construction); $1,694,000,000, to remain available New York on December 10, 1984): Government transition activities in Iraq by until expended; of which such sums as are nec- (1) Section 2340A of title 18, United States funding the operations and activities of the Of- essary to cover the Federal share of construction Code. fice of Security Cooperation in Iraq and security costs for facilities under the Dredged Material (2) Section 2242 of the Foreign Affairs Reform assistance teams, including life support, trans- Disposal Facilities program shall be derived and Restructuring Act of 1998 (division G of portation and personal security, and facilities from the Harbor Maintenance Trust Fund as Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. renovation and construction: Provided, That authorized by Public Law 104–303; and of which 1231 note) and regulations prescribed thereto, not less than 15 days before making funds avail- such sums as are necessary to cover one-half of including regulations under part 208 of title 8, able pursuant to the authority provided in this the costs of construction, replacement, rehabili- Code of Federal Regulations, and part 95 of title section, the Secretary shall submit to the con- tation, and expansion of inland waterways 22, Code of Federal Regulations. gressional defense committees a written notice projects (including only Olmsted Lock and Dam, (3) Sections 1002 and 1003 of the Department containing a detailed justification and timeline Ohio River, Illinois and Kentucky; Emsworth of Defense, Emergency Supplemental Appropria- for each proposed site. Locks and Dam, Ohio River, Pennsylvania; tions to Address Hurricanes in the Gulf of Mex- SEC. 9014. The amounts appropriated in title Lock and Dams 2, 3, and 4, Monongahela River, ico, and Pandemic Influenza Act, 2006 (Public IX of this Act are hereby reduced by Pennsylvania; and Lock and Dam 27, Mis- Law 109–148). $4,042,500,000 to reflect reduced troop strength sissippi River, Illinois) shall be derived from the SEC. 9009. None of the funds provided for the in theater: Provided, That the reductions shall Inland Waterways Trust Fund. ‘‘Afghanistan Security Forces Fund’’ (ASFF) be applied to the military personnel and oper- MISSISSIPPI RIVER AND TRIBUTARIES may be obligated prior to the approval of a fi- ation and maintenance appropriations only: nancial and activity plan by the Afghanistan For expenses necessary for flood damage re- Provided further, That the Secretary of Defense duction projects and related efforts in the Mis- Resources Oversight Council (AROC) of the De- shall, not fewer than 15 days prior to reducing partment of Defense: Provided, That the AROC sissippi River alluvial valley below Cape funds for this purpose, notify the congressional Girardeau, Missouri, as authorized by law, must approve the requirement and acquisition defense committees in writing of the details of plan for any service requirements in excess of $252,000,000, to remain available until expended, any such reduction by appropriation and budg- of which such sums as are necessary to cover $50,000,000 annually and any non-standard et line item. equipment requirements in excess of $100,000,000 the Federal share of eligible operation and SEC. 9015. Of the funds appropriated in De- maintenance costs for inland harbors shall be using ASFF: Provided further, That the AROC partment of Defense Appropriations Acts, the must approve all projects and the execution derived from the Harbor Maintenance Trust following funds are hereby rescinded from the Fund. plan under the ‘‘Afghanistan Infrastructure following accounts and programs in the speci- OPERATION AND MAINTENANCE Fund’’ (AIF) and any project in excess of fied amounts: Provided, That such amounts are $5,000,000 from the Commanders Emergency Re- designated by the Congress for Overseas Contin- For expenses necessary for the operation, maintenance, and care of existing river and har- sponse Program (CERP): Provided further, That gency Operations/Global War on Terrorism pur- bor, flood and storm damage reduction, aquatic the Department of Defense must certify to the suant to section 251(b)(2)(A) of the Balanced ecosystem restoration, and related projects au- congressional defense committees that the AROC Budget and Emergency Deficit Control Act of thorized by law; providing security for infra- has convened and approved a process for ensur- 1985: structure owned or operated by the Corps, in- ing compliance with the requirements in the pre- ‘‘Overseas Contingency Operations Transfer cluding administrative buildings and labora- ceding provisos and accompanying report lan- Fund, 2010’’, $356,810,000; guage for the ASFF, AIF, and CERP. ‘‘Procurement of Ammunition, Army, 2010/ tories; maintaining harbor channels provided by SEC. 9010. (a) FUNDING FOR OUTREACH AND 2012’’, $21,000,000; a State, municipality, or other public agency REINTEGRATION SERVICES UNDER YELLOW RIB- ‘‘Other Procurement, Air Force, 2010/2012’’, that serve essential navigation needs of general BON REINTEGRATION PROGRAM.—Of the amounts $2,250,000. commerce, where authorized by law; surveying appropriated or otherwise made available by This division may be cited as the ‘‘Department and charting northern and northwestern lakes title IX, up to $20,000,000 may be available for of Defense Appropriations Act, 2012’’. and connecting waters; clearing and straight- outreach and reintegration services under the ening channels; and removing obstructions to DIVISION B—ENERGY AND WATER DEVEL- Yellow Ribbon Reintegration Program under navigation, $2,412,000,000, to remain available OPMENT APPROPRIATIONS ACT, 2012 section 582(h) of the National Defense Author- until expended, of which such sums as are nec- ization Act for Fiscal Year 2008 (Public Law TITLE I essary to cover the Federal share of eligible op- 110–181; 122 Stat. 125; 10 U.S.C. 10101 note). CORPS OF ENGINEERS—CIVIL eration and maintenance costs for coastal har- (b) SUPPLEMENT NOT SUPPLANT.—The amount DEPARTMENT OF THE ARMY bors and channels, and for inland harbors shall be derived from the Harbor Maintenance Trust made available by subsection (a) for the services CORPS OF ENGINEERS—CIVIL described in that subsection is in addition to Fund; of which such sums as become available The following appropriations shall be ex- any other amounts available in this Act for such from the special account for the Corps of Engi- pended under the direction of the Secretary of services. neers established by the Land and Water Con- the Army and the supervision of the Chief of SEC. 9011. Funds made available in this title to servation Fund Act of 1965 (16 U.S.C. 460l–6a(i)) Engineers for authorized civil functions of the the Department of Defense for operation and shall be derived from that account for resource Department of the Army pertaining to river and maintenance may be used to purchase items protection, research, interpretation, and mainte- harbor, flood and storm damage reduction, having an investment unit cost of not more than nance activities related to resource protection in shore protection, aquatic ecosystem restoration, $250,000: Provided, That, upon determination by the areas at which outdoor recreation is avail- and related efforts. the Secretary of Defense that such action is nec- able; and of which such sums as become avail- essary to meet the operational requirements of a INVESTIGATIONS able from fees collected under section 217 of Commander of a Combatant Command engaged For expenses necessary where authorized by Public Law 104–303 shall be used to cover the in contingency operations overseas, such funds law for the collection and study of basic infor- cost of operation and maintenance of the may be used to purchase items having an invest- mation pertaining to river and harbor, flood and dredged material disposal facilities for which ment item unit cost of not more than $500,000. storm damage reduction, shore protection, such fees have been collected: Provided, That 1 SEC. 9012. Notwithstanding any other provi- aquatic ecosystem restoration, and related percent of the total amount of funds provided sion of law, up to $150,000,000 of funds made needs; for surveys and detailed studies, and for each of the programs, projects or activities available in this title under the heading ‘‘Oper- plans and specifications of proposed river and funded under this heading shall not be allo- ation and Maintenance, Army’’ may be obli- harbor, flood and storm damage reduction, cated to a field operating activity prior to the gated and expended for purposes of the Task shore protection, and aquatic ecosystem restora- beginning of the fourth quarter of the fiscal Force for Business and Stability Operations, tion projects and related efforts prior to con- year and shall be available for use by the Chief subject to the direction and control of the Sec- struction; for restudy of authorized projects; of Engineers to fund such emergency activities retary of Defense, with concurrence of the Sec- and for miscellaneous investigations and, when as the Chief of Engineers determines to be nec- retary of State, to carry out strategic business authorized by law, surveys and detailed studies, essary and appropriate, and that the Chief of

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Engineers shall allocate during the fourth quar- prior approval is received from the House and SEC. 103. None of the funds in this Act, or pre- ter any remaining funds which have not been Senate Committees on Appropriations; vious Acts, making funds available for Energy used for emergency activities proportionally in (5) augments or reduces existing programs, and Water Development, shall be used to award accordance with the amounts provided for the projects or activities in excess of the amounts any continuing contract that commits addi- programs, projects or activities. contained in subsections 6 through 10, unless tional funding from the Inland Waterways REGULATORY PROGRAM prior approval is received from the House and Trust Fund unless or until such time that a Senate Committees on Appropriations; long-term mechanism to enhance revenues in For expenses necessary for administration of (6) INVESTIGATIONS.—For a base level over this Fund sufficient to meet the cost-sharing au- laws pertaining to regulation of navigable $100,000, reprogramming of 25 percent of the thorized in the Water Resources Development waters and wetlands, $193,000,000, to remain base amount up to a limit of $150,000 per project, Act of 1986 (Public Law 99–662) is enacted. available until September 30, 2013. study or activity is allowed: Provided, That for SEC. 104. Within 120 days of the date of the FORMERLY UTILIZED SITES REMEDIAL ACTION a base level less than $100,000, the reprogram- Chief of Engineers Report on a water resource PROGRAM ming limit is $25,000: Provided further, That up matter, the Assistant Secretary of the Army For expenses necessary to clean up contami- to $25,000 may be reprogrammed into any con- (Civil Works) shall submit the report to the ap- nation from sites in the United States resulting tinuing study or activity that did not receive an propriate authorizing and appropriating com- from work performed as part of the Nation’s appropriation for existing obligations and con- mittees of the Congress. early atomic energy program, $109,000,000, to re- comitant administrative expenses; SEC. 105. During the fiscal year period covered main available until expended. (7) CONSTRUCTION.—For a base level over by this Act, the Secretary of the Army is author- FLOOD CONTROL AND COASTAL EMERGENCIES $2,000,000, reprogramming of 15 percent of the ized to implement measures recommended in the base amount up to a limit of $3,000,000 per efficacy study authorized under section 3061 of For expenses necessary to prepare for flood, project, study or activity is allowed: Provided, the Water Resources Development Act of 2007 hurricane, and other natural disasters and sup- That for a base level less than $2,000,000, the re- (121 Stat. 1121) or in interim reports, with such port emergency operations, repairs, and other programming limit is $300,000: Provided further, modifications or emergency measures as the Sec- activities in response to such disasters as au- That up to $3,000,000 may be reprogrammed for retary of the Army determines to be appropriate, thorized by law, $27,000,000, to remain available settled contractor claims, changed conditions, or to prevent aquatic nuisance species from dis- until expended. real estate deficiency judgments: Provided fur- persing into the Great Lakes by way of any hy- EXPENSES ther, That up to $300,000 may be reprogrammed drologic connection between the Great Lakes For expenses necessary for the supervision into any continuing study or activity that did and the Mississippi River Basin. and general administration of the civil works not receive an appropriation for existing obliga- SEC. 106. The Secretary is authorized to trans- program in the headquarters of the Corps of En- tions and concomitant administrative expenses; fer to ‘‘Corps of Engineers—Civil—Construc- gineers and the offices of the Division Engi- (8) OPERATION AND MAINTENANCE.—Unlimited tion’’ up to $100,000,000 of the funds provided neers; and for costs of management and oper- reprogramming authority is granted in order for for reinforcing or replacing flood walls under ation of the Humphreys Engineer Center Sup- the Corps to be able to respond to emergencies: the heading ‘‘Corps of Engineers—Civil—Flood port Activity, the Institute for Water Resources, Provided, That the Chief of Engineers must no- Control and Coastal Emergencies’’ in Public the United States Army Engineer Research and tify the House and Senate Committees on Appro- Law 109–234 and Public Law 110–252 and up to Development Center, and the United States priations of these emergency actions as soon $75,000,000 of the funds provided for projects Army Corps of Engineers Finance Center allo- thereafter as practicable: Provided further, That and measures for the West Bank and Vicinity cable to the civil works program, $185,000,000, to for a base level over $1,000,000, reprogramming and Lake Ponchartrain and Vicinity projects remain available until September 30, 2013, of of 15 percent of the base amount a limit of under the heading ‘‘Corps of Engineers—Civil— which not to exceed $5,000 may be used for offi- $5,000,000 per project, study or activity is al- Flood Control and Coastal Emergencies’’ in cial reception and representation purposes and lowed: Provided further, That for a base level Public Law 110–28, to be used with funds pro- only during the current fiscal year: Provided, less than $1,000,000, the reprogramming limit is vided for the West Bank and Vicinity project That no part of any other appropriation pro- $150,000: Provided further, That $150,000 may be under the heading ‘‘Corps of Engineers—Civil— vided in title I of this Act shall be available to reprogrammed into any continuing study or ac- Construction’’ in Public Law 110–252 and Public fund the civil works activities of the Office of tivity that did not receive an appropriation; Law 110–329, consistent with 65 percent Federal the Chief of Engineers or the civil works execu- (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The and 35 percent non-Federal cost share and the tive direction and management activities of the same reprogramming guidelines for the Inves- financing of, and payment terms for, the non- division offices: Provided further, That any tigations, Construction, and Operation and Federal cash contribution associated with the Flood Control and Coastal Emergencies appro- Maintenance portions of the Mississippi River West Bank and Vicinity project. priation may be used to fund the supervision and Tributaries Account as listed above; and SEC. 107. The Secretary of the Army may and general administration of emergency oper- (10) FORMERLY UTILIZED SITES REMEDIAL AC- transfer to the Fish and Wildlife Service, and ations, repairs, and other activities in response TION PROGRAM.—Reprogramming of up to 15 the Fish and Wildlife Service may accept and to any flood, hurricane, or other natural dis- percent of the base of the receiving project is expend, up to $3,800,000 of funds provided in aster. permitted. this title under the heading ‘‘Operation and (b) DE MINIMUS REPROGRAMMINGS.—In no Maintenance’’ to mitigate for fisheries lost due OFFICE OF THE ASSISTANT SECRETARY OF THE case should a reprogramming for less than to Corps of Engineers projects. ARMY FOR CIVIL WORKS $50,000 be submitted to the House and Senate SEC. 108. The Secretary of the Army may au- For the Office of the Assistant Secretary of Committees on Appropriations. thorize a member of the Armed Forces under the the Army for Civil Works as authorized by 10 (c) CONTINUING AUTHORITIES PROGRAM.—Sub- Secretary’s jurisdiction and employees of the U.S.C. 3016(b)(3), $5,000,000, to remain available section (a)(1) shall not apply to any project or Department of the Army to serve without com- until September 30, 2013. activity funded under the continuing authori- pensation as director, officer, or otherwise in ADMINISTRATIVE PROVISION ties program. the management of the organization established The Revolving Fund, Corps of Engineers, (d) Not later than 60 days after the date of en- to support and maintain the participation of the shall be available during the current fiscal year actment of this Act, the Corps of Engineers shall United States in the permanent international for purchase (not to exceed 100 for replacement submit a report to the House and Senate Com- commission of the congresses of navigation, or only) and hire of passenger motor vehicles for mittees on Appropriations to establish the base- any successor entity. the civil works program. line for application of reprogramming and SEC. 109. (a) ACQUISITION.—The Secretary is transfer authorities for the current fiscal year: authorized to acquire any real property and as- GENERAL PROVISIONS—CORPS OF ENGINEERS— Provided, That the report shall include: sociated real property interests in the vicinity of CIVIL (1) A table for each appropriation with a sep- Hanover, New Hampshire as may be needed for (INCLUDING TRANSFERS OF FUNDS) arate column to display the President’s budget the Engineer Research and Development Center SEC. 101. (a) None of the funds provided in request, adjustments made by Congress, adjust- laboratory facilities at the Cold Regions Re- title I of this Act, or provided by previous appro- ments due to enacted rescissions, if appropriate, search and Engineering Laboratory. This real priations Acts to the agencies or entities funded and the fiscal year enacted level; property to be acquired consists of 18.5 acres in title I of this Act that remain available for (2) A delineation in the table for each appro- more or less, identified as Tracts 101–1 and 101– obligation or expenditure in fiscal year 2012, priation both by object class and program, 2, together with all necessary easements located shall be available for obligation or expenditure project and activity as detailed in the budget entirely within the Town of Hanover, New through a reprogramming of funds that: appendix for the respective appropriations; and Hampshire. The real property is generally (1) creates or initiates a new program, project, (3) An identification of items of special con- bounded to the east by state route 10-Lyme or activity; gressional interest. Road, to the north by the vacant property of the (2) eliminates a program, project, or activity; SEC. 102. None of the funds made available in Trustees of the Dartmouth College, to the south (3) increases funds or personnel for any pro- this title may be used to award or modify any by Fletcher Circle graduate student housing gram, project, or activity for which funds have contract that commits funds beyond the owned by the Trustees of Dartmouth College, been denied or restricted by this Act, unless amounts appropriated for that program, project, and to the west by approximately 9 acres of real prior approval is received from the House and or activity that remain unobligated, except that property acquired in fee through condemnation Senate Committees on Appropriations; such amounts may include any funds that have in 1981 by the Secretary of the Army. (4) proposes to use funds directed for a spe- been made available through reprogramming (b) REVOLVING FUND.—The Secretary is au- cific activity for a different purpose, unless pursuant to section 101. thorized to use the Revolving Fund (33 U.S.C.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.037 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9024 CONGRESSIONAL RECORD — HOUSE December 15, 2011 576) through the Plant Replacement and Im- feet to a point with coordinates N32832.15, point (13) with coordinates 375259.29, 150903.12; provement Program to acquire the real property E312779.54, shall no longer be authorized after and the 18-Foot South Goat Island Channel be- and associated real property interests in sub- the date of enactment. ginning at a point (14) with coordinates section (a). The Secretary shall ensure that the SEC. 114. The Secretary of the Army, acting 375509.09, 149444.83; thence running south 25 de- Revolving Fund is appropriately reimbursed through the Chief of Engineers, is authorized, grees 44 minutes 0.5 second east 430.71 feet to a from the benefitting appropriations. using amounts available in the Revolving Fund point (15) with coordinates 375696.10, 149056.84; (c) RIGHT OF FIRST REFUSAL.—The Secretary established by section 101 of the Act of July 27, thence running south 10 degrees 13 minutes 27.4 may provide the Seller of any real property and 1953, chap. 245 (33 U.S.C. 576), to construct a seconds east 1,540.89 feet to a point (16) with co- associated property interests identified in sub- Consolidated Infrastructure Research Equip- ordinates 375969.61, 147540.41; thence running section (a)— ment Facility, an Environmental Processes and south 4 degrees 29 minutes 11.3 seconds west (1) a right of first refusal to acquire such Risk Lab, a Hydraulic Research Facility, an En- 1,662.92 feet to a point (17) with coordinates property, or any portion thereof, in the event gineer Research and Development Center head- 375839.53, 145882.59; thence running south 34 de- the property, or any portion thereof, is no quarters building, a Modular Hydraulic Flume grees 5 minutes 51.7 seconds west 547.37 feet to longer needed by the Department of the Army. building, and to purchase real estate, perform a point (18) with coordinates 375532.67, (2) a right of first refusal to acquire any real construction, and make facility, utility, street, 145429.32; thence running south 86 degrees 47 property or associated real property interests ac- road, and infrastructure improvements to the minutes 37.7 seconds west 600.01 feet to an end quired by condemnation in Civil Action No. 81– Engineer Research and Development Center’s point (19) with coordinates 374933.60, 145395.76; 360–L, in the event the property, or any portion installations and facilities. The Secretary shall and the 18-Foot Entrance Channel beginning at thereof, is no longer needed by the Department ensure that the Revolving Fund is appropriately a point (20) with coordinates 374567.14, of the Army. reimbursed from the benefitting appropriations. 144252.33; thence running north 73 degrees 11 (3) the purchase of any property by the Seller SEC. 115. Section 1148 of the Water Resources minutes 42.9 seconds east 1,899.22 feet to a point Development Act of 1986 (100 Stat. 4254; 110 Stat. exercising either right of first refusal authorized (21) with coordinates 376385.26, 144801.42; thence 3718; 114 Stat. 2609) is amended by striking sub- in this section shall be for consideration accept- running north 2 degrees 10 minutes 41.5 seconds section (b) and inserting the following: able to the Secretary and shall be for not less west 638.89 feet to an end point (10) with coordi- ‘‘(b) DISPOSITION OF ACQUIRED LAND.—The than fair market value at the time the property nates 376360.97, 145439.85; and the 18-Foot South Secretary may transfer land acquired under this becomes available for purchase. The right of Anchorage beginning at a point (22) with co- section to the non-Federal sponsor by quitclaim first refusal authorized in this section shall not ordinates 376286.81, 147389.37; thence running deed subject to such terms and conditions as the inure to the benefit of the Sellers successors or north 78 degrees 56 minutes 15.6 seconds east Secretary determines to be in the public inter- assigns. 404.86 feet to a point (23) with coordinates (d) DISPOSAL.—The Secretary of the Army is est.’’. SEC. 116. The New London Disposal Site and 376684.14, 147467.05; thence running north 78 de- authorized to dispose of any property or associ- grees 56 minutes 15.6 seconds east 1,444.33 feet to ated real property interests that are subject to the Cornfield Shoals Disposal Site in Long Is- land Sound selected by the Department of the a point (24) with coordinates 378101.63, the exercise of the right of first refusal as set 147744.18; thence running south 5 degrees 18 forth herein. Army as alternative dredged material disposal sites under section 103(b) of the Marine Protec- minutes 43.8 seconds west 1,228.20 feet to a point SEC. 110. None of the funds made available in (25) with coordinates 377987.92, 146521.26; thence this Act may be used by the Corps of Engineers tion, Research, and Sanctuaries Act of 1972, as amended, shall remain open for 5 years after en- running south 3 degrees 50 minutes 3.4 seconds to relocate, or study the relocation of, any re- east 577.84 feet to a point (26) with coordinates gional division headquarters of the Corps lo- actment of this Act to allow for completion of a Supplemental Environmental Impact Statement 378026.56, 145944.71; thence running south 44 de- cated at a military installation or any perma- grees 32 minutes 14.7 seconds west 2,314.09 feet nent employees of such headquarters. to support final designation of an Ocean Dredged Material Disposal Site in eastern Long to a point (27) with coordinates 376403.52, SEC. 111. (a) Section 5 of the Act entitled ‘‘An 144295.24 thence running south 60 degrees 5 min- Act authorizing the construction of certain pub- Island Sound under section 102(c) of the Marine Protection, Research, and Sanctuaries Act of utes 58.2 seconds west 255.02 feet to an end point lic works on rivers and harbors for flood control, (28) with coordinates 376182.45, 144168.12; and and for other purposes,’’ approved June 22, 1936, 1972. SEC. 117. (a) That portion of the project for the 13-Foot Anchorage beginning at a point (29) (33 U.S.C. 701h), is amended by— with coordinates 376363.39, 143666.99; thence (1) inserting ‘‘for work, which includes plan- navigation, Newport Harbor, Rhode Island adopted by the Rivers and Harbors Acts of running north 63 degrees 34 minutes 19.3 sec- ning and design,’’ before ‘‘to be expended’’; onds east 1,962.37 feet to a point (30) with co- (2) striking ‘‘flood control or environmental March 2, 1907 (34 Stat. 1075); June 25, 1910 (36 ordinates 378120.68, 144540.38; thence running restoration work’’ and inserting ‘‘water re- Stat. 632); August 26, 1937 (50 Stat. 845); and, north 3 degrees 50 minutes 3.1 seconds west sources development study or project’’; and modified by the Consolidated Appropriations 1,407.47 feet to an end point (26) with coordi- (3) inserting ‘‘: Provided further, That the Act, 2000, Public Law 106–113, appendix E, title nates 378026.56, 145944.71; and the 18-Foot East term ‘States’ means the several States, the Dis- II, section 221 (113 Stat. 1501A–298); consisting Channel beginning at a point (23) with coordi- trict of Columbia, the commonwealths, terri- of a 13-foot anchorage, an 18-foot anchorage, a nates 376684.14, 147467.05; thence running north tories, and possessions of the United States, and 21-foot channel, and 18-foot channels described 2 degrees 10 minutes 43.3 seconds west 262.95 feet Federally recognized Indian tribes’’ before the by the following shall no longer be authorized to a point (31) with coordinates 376674.14, period. after the date of enactment of this Act: the 21- 147729.81; thence running north 9 degrees 42 (b) The Secretary shall notify the appropriate Foot Entrance Channel, beginning at a point (1) minutes 20.3 seconds west 301.35 feet to a point committees of Congress prior to initiation of ne- with coordinates 374986.03, 150611.01; thence (32) with coordinates 376623.34, 148026.85; thence gotiations for accepting contributed funds under running south 46 degrees 54 minutes 30.7 sec- running south 80 degrees 17 minutes 42.4 sec- 33 U.S.C. 701h. onds east 900.01 feet to a point (2) with coordi- onds west 313.6 feet to a point (33) with coordi- SEC. 112. With respect to the property covered nates 375643.27, 149996.16; thence running south by the deed described in Auditor’s instrument 8 degrees 4 minutes 58.3 east 2,376.87 feet to a nates 376314.23, 147973.99; thence running north No. 2006–014428 of Benton County, Washington, point (3) with coordinates 375977.47, 147643.00; 7 degrees 47 minutes 21.9 seconds west 776.24 feet approximately 1.5 acres, the following deed re- thence running south 4 degrees 28 minutes 20.4 to an end point (34) with coordinates 376209.02, strictions are hereby extinguished and of no fur- seconds west 738.56 feet to a point (4) with co- 148743.06; and the 18-Foot North Anchorage be- ther force and effect: ordinates 375919.88, 146906.60; thence running ginning at a point (35) with coordinates (1) The reversionary interest and use restric- south 6 degrees 2 minutes 42.4 seconds east 376123.98, 148744.69; thence running south 88 de- tions related to port and industrial purposes; 1,144.00 feet to a point (5) with coordinates grees 54 minutes 16.2 seconds east 377.90 feet to (2) The right for the District Engineer to re- 376040.35, 145768.96; thence running south 34 de- a point (36) with coordinates 376501.82, view all pre-construction plans and/or specifica- grees 5 minutes 51.7 seconds west 707.11 feet to 148737.47; thence running north 9 degrees 42 tions pertaining to construction and/or mainte- a point (6) with coordinates 375643.94, 145183.41; minutes 19.0 seconds west 500.01 feet to a point nance of any structure intended for human hab- thence running south 73 degrees 11 minutes 42.9 (37) with coordinates 376417.52, 149230.32; thence itation, if the elevation of the property is above seconds west 1,300.00 feet to the end point (7) running north 6 degrees 9 minutes 53.2 seconds the standard project flood elevation; and with coordinates 374399.46, 144807.57; Returning west 1,300.01 feet to an end point (38) with co- (3) The right of the District Engineer to object at a point with coordinates (8) with coordinates ordinates 376277.92, 150522.81. to, and thereby prevent, in his/her discretion, 374500.64, 144472.51; thence running north 73 de- (b) The area described by the following shall such activity. grees 11 minutes 42.9 seconds east 1,582.85 feet to be redesignated as an eighteen-foot channel and SEC. 113. That portion of the project for navi- a point (9) with coordinates 376015.90, 144930.13; turning basin: Beginning at a point (1) with co- gation, Block Island Harbor of Refuge, Rhode thence running north 34 degrees 5 minutes 51.7 ordinates N144759.41, E374413.16; thence running Island adopted by the Rivers and Harbors Act of seconds east 615.54 feet to a point (10) with co- north 73 degrees 11 minutes 42.9 seconds east July 11, 1870, consisting of the cut-stone break- ordinates 376360.97, 145439.85; thence running 1,252.88 feet to a point (2) with coordinates water lining the west side of the Inner Basin; north 2 degrees 10 minutes 43.3 seconds west N145121.63, E375612.53; thence running north 26 beginning at a point with coordinates N32579.55, 2,236.21 feet to a point (11) with coordinates degrees 29 minutes 48.1 seconds east 778.89 feet E312625.53, thence running northerly about 376275.96, 147674.45; thence running north 8 de- to a point (3) with coordinates N145818.71, 76.59 feet to a point with coordinates N32655.92, grees 4 minutes 55.6 seconds west 2,652.83 feet to E375960.04; thence running north 0 degrees 3 E312631.32, thence running northerly about a point (12) with coordinates 375902.99, minutes 38.1 seconds west 1,200.24 feet to a point 206.81 feet to a point with coordinates N32858.33, 150300.93; thence running north 46 degrees 54 (4) with coordinates N147018.94, E375958.77; E312673.74, thence running easterly about 109.00 minutes 30.7 seconds west 881.47 feet to an end thence running north 2 degrees 22 minutes 45.2

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seconds east 854.35 feet to a point (5) with co- and other facilities, participation in fulfilling ADMINISTRATIVE PROVISION ordinates N147872.56, E375994.23; thence running related Federal responsibilities to Native Ameri- Appropriations for the Bureau of Reclamation north 7 degrees 47 minutes 21.9 seconds west cans, and related grants to, and cooperative and shall be available for purchase of not to exceed 753.83 feet to a point (6) with coordinates other agreements with, State and local govern- five passenger motor vehicles, which are for re- N148619.44, E375892.06; thence running north 88 ments, federally recognized Indian tribes, and placement only. degrees 46 minutes 16.7 seconds east 281.85 feet others, $895,000,000, to remain available until ex- GENERAL PROVISIONS—DEPARTMENT OF to a point (7) with coordinates N148625.48, pended, of which $10,698,000 shall be available THE INTERIOR E376173.85; thence running south 7 degrees 47 for transfer to the Upper Colorado River Basin minutes 21.9 seconds east 716.4 feet to a point (8) Fund and $6,136,000 shall be available for trans- SEC. 201. (a) None of the funds provided in with coordinates N147915.69, E376270.94; thence fer to the Lower Colorado River Basin Develop- title II of this Act for Water and Related Re- running north 80 degrees 17 minutes 42.3 sec- ment Fund; of which such amounts as may be sources, or provided by previous appropriations onds east 315.3 feet to a point (9) with coordi- necessary may be advanced to the Colorado Acts to the agencies or entities funded in title II nates N147968.85, E.76581.73; thence running River Dam Fund: Provided, That such transfers of this Act for Water and Related Resources south 9 degrees 42 minutes 20.3 seconds east may be increased or decreased within the overall that remain available for obligation or expendi- 248.07 feet to a point (10) with coordinates appropriation under this heading: Provided fur- ture in fiscal year 2012, shall be available for ob- N147724.33, E376623.55; thence running south 2 ther, That of the total appropriated, the amount ligation or expenditure through a reprogram- degrees 10 minutes 43.3 seconds east 318.09 feet for program activities that can be financed by ming of funds that— to a point (11) with coordinates N147406.47, the Reclamation Fund or the Bureau of Rec- (1) initiates or creates a new program, project, E376635.64; thence running north 78 degrees 56 lamation special fee account established by 16 or activity; (2) eliminates a program, project, or activity; minutes 15.6 seconds east 571.11 feet to a point U.S.C. 460l-6a(i) shall be derived from that Fund (3) increases funds for any program, project, (12) with coordinates N147516.06, E377196.15; or account: Provided further, That funds con- or activity for which funds have been denied or thence running south 88 degrees 57 minutes 2.3 tributed under 43 U.S.C. 395 are available until restricted by this Act, unless prior approval is seconds east 755.09 feet to a point (13) with co- expended for the purposes for which contrib- received from the Committees on Appropriations ordinates N147502.23, E377951.11; thence running uted: Provided further, That funds advanced of the House of Representatives and the Senate; south 1 degree 2 minutes 57.7 seconds west 100.00 under 43 U.S.C. 397a shall be credited to this ac- (4) restarts or resumes any program, project or feet to a point (14) with coordinates N147402.25, count and are available until expended for the activity for which funds are not provided in this E377949.28; thence running north 88 degrees 57 same purposes as the sums appropriated under Act, unless prior approval is received from the minutes 2.3 seconds west 744.48 feet to a point this heading: Provided further, That of the Committees on Appropriations of the House of (15) with coordinates N147415.88, E377204.92; amounts provided herein, funds may be used for Representatives and the Senate; thence running south 78 degrees 56 minutes 15.6 high priority projects which shall be carried out (5) transfers funds in excess of the following seconds west 931.17 feet to a point (16) with co- by the Youth Conservation Corps, as authorized limits, unless prior approval is received from the ordinates N147237.21, E376291.06; thence running by 16 U.S.C. 1706. Committees on Appropriations of the House of south 39 degrees 26 minutes 18.7 seconds west CENTRAL VALLEY PROJECT RESTORATION FUND Representatives and the Senate: 208.34 feet to a point (17) with coordinates For carrying out the programs, projects, (A) 15 percent for any program, project or ac- N147076.31, E376158.71; thence running south 0 plans, habitat restoration, improvement, and ac- tivity for which $2,000,000 or more is available at degrees 3 minutes 38.1 seconds east 1,528.26 feet quisition provisions of the Central Valley the beginning of the fiscal year; or to a point (18) with coordinates N145548.05, Project Improvement Act, $53,068,000, to be de- (B) $300,000 for any program, project or activ- E376160.32; thence running south 26 degrees 29 rived from such sums as may be collected in the ity for which less than $2,000,000 is available at minutes 48.1 seconds west 686.83 feet to a point Central Valley Project Restoration Fund pursu- the beginning of the fiscal year; (19) with coordinates N144933.37, E375853.90; ant to sections 3407(d), 3404(c)(3), and 3405(f) of (6) transfers more than $500,000 from either thence running south 73 degrees 11 minutes 42.9 Public Law 102–575, to remain available until the Facilities Operation, Maintenance, and Re- seconds west 1,429.51 feet to end at a point (20) expended: Provided, That the Bureau of Rec- habilitation category or the Resources Manage- with coordinates N144520.08, E374485.44. lamation is directed to assess and collect the full ment and Development category to any pro- SEC. 118. None of the funds made available to amount of the additional mitigation and res- gram, project, or activity in the other category, the Corps of Engineers by this Act may be used toration payments authorized by section 3407(d) unless prior approval is received from the Com- for the removal or associated mitigation of Fed- of Public Law 102–575: Provided further, That mittees on Appropriations of the House of Rep- eral Energy Regulatory Commission Project none of the funds made available under this resentatives and the Senate; or number 2342. heading may be used for the acquisition or leas- (7) transfers, where necessary to discharge SEC. 119. None of the funds made available by ing of water for in-stream purposes if the water legal obligations of the Bureau of Reclamation, this Act may be used for the study of the Mis- is already committed to in-stream purposes by a more than $5,000,000 to provide adequate funds souri River Projects authorized in section 108 of court adopted decree or order. for settled contractor claims, increased con- the Energy and Water Development and Related tractor earnings due to accelerated rates of op- Agencies Appropriations Act, 2009 (division C of CALIFORNIA BAY-DELTA RESTORATION (INCLUDING TRANSFERS OF FUNDS) erations, and real estate deficiency judgments, Public Law 111–8). unless prior approval is received from the Com- SEC. 120. None of the funds made available in For carrying out activities authorized by the mittees on Appropriations of the House of Rep- this Act may be used to continue the study con- Water Supply, Reliability, and Environmental resentatives and the Senate. Improvement Act, consistent with plans to be ducted by the Army Corps of Engineers pursu- (b) Subsection (a)(5) shall not apply to any approved by the Secretary of the Interior, ant to section 5018(a)(1) of the Water Resources transfer of funds within the Facilities Oper- $39,651,000, to remain available until expended, Development Act of 2007. ation, Maintenance, and Rehabilitation cat- of which such amounts as may be necessary to TITLE II egory. carry out such activities may be transferred to DEPARTMENT OF THE INTERIOR (c) For purposes of this section, the term appropriate accounts of other participating Fed- ‘‘transfer’’ means any movement of funds into CENTRAL UTAH PROJECT eral agencies to carry out authorized purposes: or out of a program, project, or activity. CENTRAL UTAH PROJECT COMPLETION ACCOUNT Provided, That funds appropriated herein may (d) The Bureau of Reclamation shall submit For carrying out activities authorized by the be used for the Federal share of the costs of reports on a quarterly basis to the Committees Central Utah Project Completion Act, CALFED Program management: Provided fur- on Appropriations of the House of Representa- $27,154,000, to remain available until expended, ther, That the use of any funds provided to the tives and the Senate detailing all the funds re- of which $2,000,000 shall be deposited into the California Bay-Delta Authority for program- programmed between programs, projects, activi- Utah Reclamation Mitigation and Conservation wide management and oversight activities shall ties, or categories of funding. The first quarterly Account for use by the Utah Reclamation Miti- be subject to the approval of the Secretary of the report shall be submitted not later than 60 days gation and Conservation Commission. In addi- Interior: Provided further, That CALFED imple- after the date of enactment of this Act. mentation shall be carried out in a balanced tion, for necessary expenses incurred in car- SEC. 202. (a) None of the funds appropriated rying out related responsibilities of the Sec- manner with clear performance measures dem- or otherwise made available by this Act may be retary of the Interior, $1,550,000. For fiscal year onstrating concurrent progress in achieving the used to determine the final point of discharge 2012, the Commission may use an amount not to goals and objectives of the Program. for the interceptor drain for the San Luis Unit exceed $1,500,000 for administrative expenses. POLICY AND ADMINISTRATION until development by the Secretary of the Inte- BUREAU OF RECLAMATION For necessary expenses of policy, administra- rior and the State of California of a plan, which The following appropriations shall be ex- tion, and related functions in the Office of the shall conform to the water quality standards of pended to execute authorized functions of the Commissioner, the Denver office, and offices in the State of California as approved by the Ad- Bureau of Reclamation: the five regions of the Bureau of Reclamation, ministrator of the Environmental Protection to remain available until September 30, 2013, Agency, to minimize any detrimental effect of WATER AND RELATED RESOURCES $60,000,000, to be derived from the Reclamation the San Luis drainage waters. (INCLUDING TRANSFERS OF FUNDS) Fund and be nonreimbursable as provided in 43 (b) The costs of the Kesterson Reservoir For management, development, and restora- U.S.C. 377: Provided, That no part of any other Cleanup Program and the costs of the San Joa- tion of water and related natural resources and appropriation in this Act shall be available for quin Valley Drainage Program shall be classi- for related activities, including the operation, activities or functions budgeted as policy and fied by the Secretary of the Interior as reimburs- maintenance, and rehabilitation of reclamation administration expenses. able or nonreimbursable and collected until

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.037 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9026 CONGRESSIONAL RECORD — HOUSE December 15, 2011 fully repaid pursuant to the ‘‘Cleanup Program- vision, shall be considered to meet the condi- tion 414(a) of the Energy Conservation and Pro- Alternative Repayment Plan’’ and the ‘‘SJVDP- tions described in subparagraphs (A) and (I) of duction Act (42 U.S.C. 6864(a)): Provided fur- Alternative Repayment Plan’’ described in the section 3405(a)(1) of the Reclamation Projects ther, That of the unobligated balances available report entitled ‘‘Repayment Report, Kesterson Authorization and Adjustment Act of 1992 (Pub- under this heading, $9,909,000 are hereby re- Reservoir Cleanup Program and San Joaquin lic Law 102–575; 106 Stat. 4709). scinded: Provided further, That no amounts Valley Drainage Program, February 1995’’, pre- (b) The Secretary of the Interior, acting may be rescinded from amounts that were des- pared by the Department of the Interior, Bureau through the Director of the United States Fish ignated by the Congress as an emergency re- of Reclamation. Any future obligations of funds and Wildlife Service and the Commissioner of quirement pursuant to the Concurrent Resolu- by the United States relating to, or providing the Bureau of Reclamation shall initiate and tion on the Budget or the Balanced Budget and for, drainage service or drainage studies for the complete, on the most expedited basis prac- Emergency Deficit Control Act of 1985. San Luis Unit shall be fully reimbursable by ticable, programmatic environmental compliance ELECTRICITY DELIVERY AND ENERGY San Luis Unit beneficiaries of such service or so as to facilitate voluntary water transfers RELIABILITY studies pursuant to Federal reclamation law. within the Central Valley Project, consistent For Department of Energy expenses including SEC. 203. Section 529(b)(3) of Public Law 106– with all applicable Federal and State law. the purchase, construction, and acquisition of 541, as amended by section 115 of Public Law (c) Not later than 180 days after the date of plant and capital equipment, and other ex- 109–103, is further amended by striking enactment of this Act and each of the 4 years penses necessary for electricity delivery and en- ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’ in lieu thereafter, the Commissioner of the Bureau of ergy reliability activities in carrying out the thereof. Reclamation shall submit to the committee on purposes of the Department of Energy Organi- SEC. 204. Section 8 of the Water Desalination Appropriations of the House of Representatives zation Act (42 U.S.C. 7101 et seq.), including the Act of 1996 (42 U.S.C. 10301 note; Public Law and the Committee on Appropriations of the acquisition or condemnation of any real prop- 104–298) is amended— Senate a report that describes the status of ef- erty or any facility or for plant or facility acqui- (1) in subsection (a), in the first sentence, by forts to help facilitate and improve the water sition, construction, or expansion, $139,500,000, striking ‘‘2011’’ and inserting ‘‘2013’’; and transfers within the Central Valley Project and to remain available until expended: Provided, (2) in subsection (b), by striking ‘‘$25,000,000 water transfers between the Central Valley That $27,010,000 shall be available until Sep- for fiscal years 1997 through 2011’’ and inserting Project and other water projects in the State of tember 30, 2013 for program direction. ‘‘$3,000,000 for each of fiscal years 2012 through California; evaluates potential effects of this Act 2013’’. on Federal programs, Indian tribes, Central Val- NUCLEAR ENERGY SEC. 205. The Federal policy for addressing ley Project operations, the environment, ground- For Department of Energy expenses including California’s water supply and environmental water aquifers, refuges, and communities; and the purchase, construction, and acquisition of issues related to the Bay-Delta shall be con- provides recommendations on ways to facilitate plant and capital equipment, and other ex- sistent with State law, including the co-equal and improve the process for these transfers. penses necessary for nuclear energy activities in goals of providing a more reliable water supply SEC. 208. (a) PERMITTED USES.—Section carrying out the purposes of the Department of for the State of California and protecting, re- 2507(b) of the Farm Security and Rural Invest- Energy Organization Act (42 U.S.C. 7101 et storing, and enhancing the Delta ecosystem. ment Act of 2002 (43 U.S.C. 2211 note; Public seq.), including the acquisition or condemnation The Secretary of the Interior, the Secretary of Law 107–171) is amended— of any real property or any facility or for plant Commerce, the Army Corps of Engineers and the (1) in the matter preceding paragraph (1), by or facility acquisition, construction, or expan- Environmental Protection Agency Administrator striking ‘‘In any case in which there are willing sion, and the purchase of not more than 10 shall jointly coordinate the efforts of the rel- sellers’’ and inserting ‘‘For the benefit of at-risk buses, all for replacement only, $768,663,000, to evant agencies and work with the State of Cali- natural desert terminal lakes and associated ri- remain available until expended: Provided, That fornia and other stakeholders to complete and parian and watershed resources, in any case in $91,000,000 shall be available until September 30, issue the Bay Delta Conservation Plan Final which there are willing sellers or willing partici- 2013 for program direction. Environmental Impact Statement no later than pants’’; FOSSIL ENERGY RESEARCH AND DEVELOPMENT February 15, 2013. Nothing herein modifies exist- (2) in paragraph (2), by striking ‘‘in the Walk- (INCLUDING RESCISSION OF FUNDS) ing requirements of Federal law. er River’’ and all that follows through ‘‘119 SEC. 206. The Secretary of the Interior may For necessary expenses in carrying out fossil Stat. 2268)’’; and participate in non-Federal groundwater bank- energy research and development activities, (3) in paragraph (3), by striking ‘‘in the Walk- ing programs to increase the operational flexi- under the authority of the Department of En- er River Basin’’. bility, reliability, and efficient use of water in ergy Organization Act (Public Law 95–91), in- (b) WALKER BASIN RESTORATION PROGRAM.— the State of California, and this participation cluding the acquisition of interest, including de- Section 208(b) of the Energy and Water Develop- may include making payment for the storage of feasible and equitable interests in any real prop- ment and Related Agencies Appropriations Act, Central Valley Project water supplies, the pur- erty or any facility or for plant or facility acqui- 2010 (Public Law 111–85; 123 Stat. 2858) is chase of stored water, the purchase of shares or sition or expansion, and for conducting inquir- amended— an interest in ground banking facilities, or the (1) in paragraph (1)(B)(iv), by striking ‘‘exer- ies, technological investigations and research use of Central Valley Project water as a medium cise water rights’’ and inserting ‘‘manage land, concerning the extraction, processing, use, and of payment for groundwater banking services: water appurtenant to the land, and related in- disposal of mineral substances without objec- Provided, That the Secretary of the Interior terests’’; and tionable social and environmental costs (30 shall participate in groundwater banking pro- (2) in paragraph (2)(A), by striking ‘‘The U.S.C. 3, 1602, and 1603), $534,000,000, to remain grams only to the extent allowed under State amount made available under subsection (a)(1) available until expended: Provided, That law and consistent with water rights applicable shall be provided to the National Fish and Wild- $120,000,000 shall be available until September to the Central Valley Project: Provided further, life Foundation’’ and inserting ‘‘Any amount 30, 2013 for program direction: Provided further, That any water user to which banked water is made available to the National Fish and Wild- That for all programs funded under Fossil En- delivered shall pay for such water in the same life Foundation under subsection (a) shall be ergy appropriations in this Act or any other manner provided by that water user’s then-cur- provided’’. Act, the Secretary may vest fee title or other rent Central Valley Project water service, repay- property interests acquired under projects in ment, or water rights settlement contract at the TITLE III any entity, including the United States: Pro- rate provided by the then-current Central-Val- DEPARTMENT OF ENERGY vided further, That of prior-year balances, ley Project Irrigation or Municipal and Indus- ENERGY PROGRAMS $187,000,000 are hereby rescinded: Provided fur- trial Rate Setting Policies; and: Provided fur- ENERGY EFFICIENCY AND RENEWABLE ENERGY ther, That no rescission made by the previous ther, That in implementing this section, the Sec- proviso shall apply to any amount previously retary of the Interior shall comply with applica- (INCLUDING RESCISSION OF FUNDS) appropriated in Public Law 111–5 or designated ble environmental laws, including the National For Department of Energy expenses including by the Congress as an emergency requirement Environmental Policy Act of 1969 (42 U.S.C. 4321 the purchase, construction, and acquisition of pursuant to a concurrent resolution on the et seq.) and the Endangered Species Act of 1973 plant and capital equipment, and other ex- budget or the Balanced Budget and Emergency (16 U.S.C. 1531 et seq.) Nothing herein shall penses necessary for energy efficiency and re- Deficit Control Act of 1985. alter or limit the Secretary’s existing authority newable energy activities in carrying out the NAVAL PETROLEUM AND OIL SHALE RESERVES to use groundwater banking to meet existing purposes of the Department of Energy Organi- For expenses necessary to carry out naval pe- fish and wildlife obligations. zation Act (42 U.S.C. 7101 et seq.), including the troleum and oil shale reserve activities, SEC. 207. (a) Subject to compliance with all acquisition or condemnation of any real prop- applicable Federal and State laws, a transfer of erty or any facility or for plant or facility acqui- $14,909,000, to remain available until expended: irrigation water among Central Valley Project sition, construction, or expansion, Provided, That, notwithstanding any other pro- contractors from the Friant, San Felipe, West $1,825,000,000, to remain available until ex- vision of law, unobligated funds remaining from San Joaquin, and Delta divisions, and a trans- pended: Provided, That $165,000,000 shall be prior years shall be available for all naval petro- fer from a long-term Friant Division water serv- available until September 30, 2013 for program leum and oil shale reserve activities. ice or repayment contractor to a temporary or direction: Provided further, That for the pur- STRATEGIC PETROLEUM RESERVE prior temporary service contractors within the poses of allocating weatherization assistance For necessary expenses for Strategic Petro- place of use in existence on the date of the funds appropriated by this Act to States and leum Reserve facility development and oper- transfer, as identified in the Bureau of Rec- tribes, the Secretary of Energy may waive the ations and program management activities pur- lamation water rights permits for the Friant Di- allocation formula established pursuant to sec- suant to the Energy Policy and Conservation

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Act of 1975, as amended (42 U.S.C. 6201 et seq.), 1702(b)(2) of the Energy Policy Act of 2005 under DEFENSE NUCLEAR NONPROLIFERATION $192,704,000, to remain available until expended. this heading in prior Acts, shall be collected in (INCLUDING RESCISSION OF FUNDS) accordance with section 502(7) of the Congres- SPR PETROLEUM ACCOUNT For Department of Energy expenses, including sional Budget Act of 1974: Provided, That for (INCLUDING RESCISSION OF FUNDS) the purchase, construction, and acquisition of necessary administrative expenses to carry out Of the amounts deposited in the SPR Petro- plant and capital equipment and other inci- this Loan Guarantee program, $38,000,000 is ap- leum Account established under section 167 of dental expenses necessary for defense nuclear propriated to remain available until expended: the Energy Policy and Conservation Act (42 nonproliferation activities, in carrying out the Provided further, That $38,000,000 of the fees U.S.C. 6247) in fiscal year 2011 which remain purposes of the Department of Energy Organi- collected pursuant to section 1702(h) of the En- available for obligation under that section, zation Act (42 U.S.C. 7101 et seq.), including the ergy Policy Act of 2005 shall be credited as off- $500,000,000 are hereby permanently rescinded. setting collections to this account to cover ad- acquisition or condemnation of any real prop- NORTHEAST HOME HEATING OIL RESERVE ministrative expenses and shall remain available erty or any facility or for plant or facility acqui- (INCLUDING RESCISSION OF FUNDS) until expended, so as to result in a final fiscal sition, construction, or expansion, and the pur- For necessary expenses for Northeast Home year 2012 appropriation from the general fund chase of not to exceed one passenger motor vehi- Heating Oil Reserve storage, operation, and estimated at not more than $0: Provided further, cle for replacement only, $2,324,303,000, to re- management activities pursuant to the Energy That fees collected under section 1702(h) in ex- main available until expended: Provided, That Policy and Conservation Act, $10,119,000, to re- cess of the amount appropriated for administra- of the unobligated balances available under this main available until expended: Provided, That tive expenses shall not be available until appro- heading, $21,000,000 are hereby rescinded: Pro- amounts net of the purchase of 1 million barrels priated. vided further, That no amounts may be re- scinded from amounts that were designated by of petroleum distillates in fiscal year 2012; costs ADVANCED TECHNOLOGY VEHICLES the Congress as an emergency requirement pur- related to transportation, delivery, and storage; MANUFACTURING LOAN PROGRAM suant to the Concurrent Resolution on the and sales of petroleum distillate from the Re- For administrative expenses in carrying out serve under section 182 of the Energy Policy and Budget or the Balanced Budget and Emergency the Advanced Technology Vehicles Manufac- Deficit Control Act of 1985. Conservation Act (42 U.S.C. 6250a) are hereby turing Loan Program, $6,000,000, to remain permanently rescinded: Provided further, That available until expended. NAVAL REACTORS notwithstanding section 181 of the Energy Pol- DEPARTMENTAL ADMINISTRATION For Department of Energy expenses necessary icy and Conservation Act (42 U.S.C. 6250), for for naval reactors activities to carry out the De- For salaries and expenses of the Department fiscal year 2012 and hereafter, the Reserve shall partment of Energy Organization Act (42 U.S.C. of Energy necessary for departmental adminis- contain no more than 1 million barrels of petro- 7101 et seq.), including the acquisition (by pur- tration in carrying out the purposes of the De- leum distillate. chase, condemnation, construction, or other- partment of Energy Organization Act (42 U.S.C. ENERGY INFORMATION ADMINISTRATION wise) of real property, plant, and capital equip- 7101 et seq.), including the hire of passenger ment, facilities, and facility expansion, For necessary expenses in carrying out the ac- motor vehicles and official reception and rep- tivities of the Energy Information Administra- $1,080,000,000, to remain available until ex- resentation expenses not to exceed $30,000, tion, $105,000,000, to remain available until ex- pended: Provided, That $40,000,000 shall be $237,623,000, to remain available until September pended. available until September 30, 2013 for program 30, 2013, plus such additional amounts as nec- direction. NON-DEFENSE ENVIRONMENTAL CLEANUP essary to cover increases in the estimated For Department of Energy expenses, including amount of cost of work for others notwith- OFFICE OF THE ADMINISTRATOR the purchase, construction, and acquisition of standing the provisions of the Anti-Deficiency For necessary expenses of the Office of the plant and capital equipment and other expenses Act (31 U.S.C. 1511 et seq.): Provided, That such Administrator in the National Nuclear Security necessary for non-defense environmental clean- increases in cost of work are offset by revenue Administration, including official reception and up activities in carrying out the purposes of the increases of the same or greater amount, to re- representation expenses not to exceed $12,000, Department of Energy Organization Act (42 main available until expended: Provided fur- $410,000,000, to remain available until September U.S.C. 7101 et seq.), including the acquisition or ther, That moneys received by the Department 30, 2013. condemnation of any real property or any facil- for miscellaneous revenues estimated to total ENVIRONMENTAL AND OTHER DEFENSE ity or for plant or facility acquisition, construc- $111,623,000 in fiscal year 2012 may be retained ACTIVITIES tion, or expansion, $235,721,000, to remain avail- and used for operating expenses within this ac- DEFENSE ENVIRONMENTAL CLEANUP able until expended. count, and may remain available until ex- URANIUM ENRICHMENT DECONTAMINATION AND pended, as authorized by section 201 of Public For Department of Energy expenses, including DECOMMISSIONING FUND Law 95–238, notwithstanding the provisions of the purchase, construction, and acquisition of For necessary expenses in carrying out ura- 31 U.S.C. 3302: Provided further, That the sum plant and capital equipment and other expenses nium enrichment facility decontamination and herein appropriated shall be reduced by the necessary for atomic energy defense environ- decommissioning, remedial actions, and other amount of miscellaneous revenues received dur- mental cleanup activities in carrying out the activities of title II of the Atomic Energy Act of ing 2012, and any related appropriated receipt purposes of the Department of Energy Organi- 1954, and title X, subtitle A, of the Energy Pol- account balances remaining from prior years’ zation Act (42 U.S.C. 7101 et seq.), including the icy Act of 1992, $472,930,000, to be derived from miscellaneous revenues, so as to result in a final acquisition or condemnation of any real prop- the Uranium Enrichment Decontamination and fiscal year 2012 appropriation from the general erty or any facility or for plant or facility acqui- Decommissioning Fund, to remain available fund estimated at not more than $126,000,000. sition, construction, or expansion, and the pur- chase of not to exceed one ambulance and one until expended. OFFICE OF THE INSPECTOR GENERAL fire truck for replacement only, $5,023,000,000, to SCIENCE For necessary expenses of the Office of the In- remain available until expended: Provided, That For Department of Energy expenses including spector General in carrying out the provisions of $321,628,000 shall be available until September the purchase, construction, and acquisition of the Inspector General Act of 1978, as amended, 30, 2013 for program direction. plant and capital equipment, and other ex- $42,000,000, to remain available until expended. OTHER DEFENSE ACTIVITIES penses necessary for science activities in car- ATOMIC ENERGY DEFENSE ACTIVITIES rying out the purposes of the Department of En- NATIONAL NUCLEAR SECURITY For Department of Energy expenses, including ergy Organization Act (42 U.S.C. 7101 et seq.), ADMINISTRATION the purchase, construction, and acquisition of including the acquisition or condemnation of plant and capital equipment and other ex- WEAPONS ACTIVITIES any real property or facility or for plant or fa- penses, necessary for atomic energy defense, cility acquisition, construction, or expansion, For Department of Energy expenses, including other defense activities, and classified activities, and purchase of not more than 49 passenger the purchase, construction, and acquisition of in carrying out the purposes of the Department motor vehicles for replacement only, including plant and capital equipment and other inci- of Energy Organization Act (42 U.S.C. 7101 et one ambulance and one bus, $4,889,000,000, to dental expenses necessary for atomic energy de- seq.), including the acquisition or condemnation remain available until expended: Provided, That fense weapons activities in carrying out the pur- of any real property or any facility or for plant $185,000,000 shall be available until September poses of the Department of Energy Organization or facility acquisition, construction, or expan- 30, 2013 for program direction. Act (42 U.S.C. 7101 et seq.), including the acqui- sion, and the purchase of not to exceed 10 pas- sition or condemnation of any real property or ADVANCED RESEARCH PROJECTS AGENCY— senger motor vehicles for replacement only, any facility or for plant or facility acquisition, ENERGY $823,364,000: Provided, That $114,086,000 shall be construction, or expansion, the purchase of not For necessary expenses in carrying out the ac- available until September 30, 2013 for program to exceed one ambulance and one aircraft; direction. tivities authorized by section 5012 of the Amer- $7,233,997,000, to remain available until ex- POWER MARKETING ADMINISTRATIONS ica COMPETES Act (Public Law 110–69), as pended: Provided, That of such amount not amended, $275,000,000: Provided, That more than $89,425,000 may be made available for BONNEVILLE POWER ADMINISTRATION FUND $20,000,000 shall be available until September 30, the B–61 Life Extension Program until the Ad- Expenditures from the Bonneville Power Ad- 2013 for program direction. ministrator of the National Nuclear Security Ad- ministration Fund, established pursuant to Pub- TITLE 17 INNOVATIVE TECHNOLOGY LOAN ministration submits to the Committees on Ap- lic Law 93–454, are approved for the Kootenai GUARANTEE PROGRAM propriations of the House of Representatives River Native Fish Conservation Aquaculture Such sums as are derived from amounts re- and the Senate a final report on the Phase 6.2a Program, Lolo Creek Permanent Weir Facility, ceived from borrowers pursuant to section design definition and cost study. and Improving Anadromous Fish production on

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the Warm Springs Reservation, and, in addition, CONSTRUCTION, REHABILITATION, OPERATION authorized by 5 U.S.C. 3109, the hire of pas- for official reception and representation ex- AND MAINTENANCE, WESTERN AREA POWER senger motor vehicles, and official reception and penses in an amount not to exceed $7,000. Dur- ADMINISTRATION representation expenses not to exceed $3,000, ing fiscal year 2012, no new direct loan obliga- For carrying out the functions authorized by $304,600,000, to remain available until expended: tions may be made. title III, section 302(a)(1)(E) of the Act of Au- Provided, That notwithstanding any other pro- gust 4, 1977 (42 U.S.C. 7152), and other related vision of law, not to exceed $304,600,000 of reve- OPERATION AND MAINTENANCE, SOUTHEASTERN activities including conservation and renewable nues from fees and annual charges, and other POWER ADMINISTRATION resources programs as authorized, including of- services and collections in fiscal year 2012 shall For necessary expenses of operation and ficial reception and representation expenses in be retained and used for necessary expenses in this account, and shall remain available until maintenance of power transmission facilities an amount not to exceed $1,500; $285,900,000, to expended: Provided further, That the sum here- and of marketing electric power and energy, in- remain available until expended, of which in appropriated from the general fund shall be cluding transmission wheeling and ancillary $278,856,000 shall be derived from the Depart- reduced as revenues are received during fiscal services pursuant to section 5 of the Flood Con- ment of the Interior Reclamation Fund: Pro- year 2012 so as to result in a final fiscal year trol Act of 1944 (16 U.S.C. 825s), as applied to vided, That notwithstanding 31 U.S.C. 3302, sec- tion 5 of the Flood Control Act of 1944 (16 U.S.C. 2012 appropriation from the general fund esti- the southeastern power area, $8,428,000, to re- mated at not more than $0. main available until expended: Provided, That 825s), and section 1 of the Interior Department notwithstanding 31 U.S.C. 3302 and section 5 of Appropriation Act, 1939 (43 U.S.C. 392a), up to GENERAL PROVISIONS—DEPARTMENT OF $189,932,000 collected by the Western Area Power the Flood Control Act of 1944, up to $8,428,000 ENERGY Administration from the sale of power and re- collected by the Southeastern Power Adminis- (INCLUDING RESCISSION AND TRANSFER OF FUNDS) lated services shall be credited to this account as tration from the sale of power and related serv- discretionary offsetting collections, to remain SEC. 301. (a) No appropriation, funds, or au- ices shall be credited to this account as discre- available until expended, for the sole purpose of thority made available by this title for the De- tionary offsetting collections, to remain avail- funding the annual expenses of the Western partment of Energy shall be used to initiate or able until expended for the sole purpose of fund- Area Power Administration: Provided further, resume any program, project, or activity or to ing the annual expenses of the Southeastern That the sum herein appropriated for annual prepare or initiate Requests For Proposals or Power Administration: Provided further, That expenses shall be reduced as collections are re- similar arrangements (including Requests for the sum herein appropriated for annual ex- ceived during the fiscal year so as to result in a Quotations, Requests for Information, and penses shall be reduced as collections are re- final fiscal year 2012 appropriation estimated at Funding Opportunity Announcements) for a ceived during the fiscal year so as to result in a not more than $95,968,000, of which $88,924,000 program, project, or activity if the program, final fiscal year 2012 appropriation estimated at is derived from the Reclamation Fund: Provided project, or activity has not been funded by Con- not more than $0: Provided further, That, not- further, That of the amount herein appro- gress. withstanding 31 U.S.C. 3302, up to $100,162,000 priated, not more than $3,375,000 is for deposit (b) The Department of Energy may not, with collected by the Southeastern Power Adminis- into the Utah Reclamation Mitigation and Con- respect to any program, project, or activity that tration pursuant to the Flood Control Act of servation Account pursuant to title IV of the uses budget authority made available in this 1944 to recover purchase power and wheeling ex- Reclamation Projects Authorization and Adjust- title under the heading ‘‘Department of En- penses shall be credited to this account as off- ment Act of 1992: Provided further, That not- ergy—Energy Programs’’, enter into a multi- setting collections, to remain available until ex- withstanding 31 U.S.C. 3302, up to $306,541,000 year contract, award a multi-year grant, or pended for the sole purpose of making purchase collected by the Western Area Power Adminis- enter into a multi-year cooperative agreement power and wheeling expenditures: Provided fur- tration pursuant to the Flood Control Act of unless the contract, grant, or cooperative agree- ther, That for purposes of this appropriation, 1944 and the Reclamation Project Act of 1939 to ment includes a clause conditioning the Federal annual expenses means expenditures that are recover purchase power and wheeling expenses Government’s obligation on the availability of generally recovered in the same year that they shall be credited to this account as offsetting future-year budget authority and the Secretary are incurred (excluding purchase power and collections, to remain available until expended notifies the Committees on Appropriations of the wheeling expenses). for the sole purpose of making purchase power House of Representatives and the Senate at and wheeling expenditures: Provided further, least 14 days in advance. OPERATION AND MAINTENANCE, SOUTHWESTERN That for purposes of this appropriation, annual (c) Except as provided in this section, the POWER ADMINISTRATION expenses means expenditures that are generally amounts made available by this title shall be ex- recovered in the same year that they are in- pended as authorized by law for the projects For necessary expenses of operation and and activities specified in the ‘‘Conference’’ col- maintenance of power transmission facilities curred (excluding purchase power and wheeling expenses). umn in the ‘‘Department of Energy’’ table in- and of marketing electric power and energy, for cluded under the heading ‘‘Title III—Depart- FALCON AND AMISTAD OPERATING AND construction and acquisition of transmission ment of Energy’’ in the joint explanatory state- MAINTENANCE FUND lines, substations and appurtenant facilities, ment accompanying this Act. and for administrative expenses, including offi- For operation, maintenance, and emergency (d) The amounts made available by this title cial reception and representation expenses in an costs for the hydroelectric facilities at the Fal- may be reprogrammed for any program, project, amount not to exceed $1,500 in carrying out sec- con and Amistad Dams, $4,169,000, to remain or activity, and the Department shall notify the tion 5 of the Flood Control Act of 1944 (16 U.S.C. available until expended, and to be derived from Committees on Appropriations of the House of 825s), as applied to the Southwestern Power Ad- the Falcon and Amistad Operating and Mainte- Representatives and the Senate at least 30 days ministration, $45,010,000, to remain available nance Fund of the Western Area Power Admin- prior to the use of any proposed reprogramming until expended: Provided, That notwithstanding istration, as provided in section 2 of the Act of which would cause any program, project, or ac- 31 U.S.C. 3302 and section 5 of the Flood Control June 18, 1954 (68 Stat. 255) as amended: Pro- tivity funding level to increase or decrease by Act of 1944 (16 U.S.C. 825s), up to $33,118,000 vided, That notwithstanding the provisions of more than $5,000,000 or 10 percent, whichever is collected by the Southwestern Power Adminis- that Act and of 31 U.S.C. 3302, up to $3,949,000 less, during the time period covered by this Act. collected by the Western Area Power Adminis- tration from the sale of power and related serv- (e) Notwithstanding subsection (c), none of tration from the sale of power and related serv- ices shall be credited to this account as discre- the funds provided in this title shall be available ices from the Falcon and Amistad Dams shall be tionary offsetting collections, to remain avail- for obligation or expenditure through a re- credited to this account as discretionary offset- able until expended, for the sole purpose of programming of funds that— ting collections, to remain available until ex- funding the annual expenses of the South- (1) creates, initiates, or eliminates a program, pended for the sole purpose of funding the an- western Power Administration: Provided fur- project, or activity, nual expenses of the hydroelectric facilities of ther, That the sum herein appropriated for an- (2) increases funds or personnel for any pro- these Dams and associated Western Area Power nual expenses shall be reduced as collections are gram, project, or activity for which funds are Administration activities: Provided further, received during the fiscal year so as to result in denied or restricted by this Act, or That the sum herein appropriated for annual a final fiscal year 2012 appropriation estimated expenses shall be reduced as collections are re- (3) reduces funds that are directed to be used at not more than $11,892,000: Provided further, ceived during the fiscal year so as to result in a for a specific program, project, or activity by That, notwithstanding 31 U.S.C. 3302, up to final fiscal year 2012 appropriation estimated at this Act. $40,000,000 collected by the Southwestern Power not more than $220,000: Provided further, That (f)(1) The Secretary of Energy may waive any Administration pursuant to the Flood Control for purposes of this appropriation, annual ex- requirement or restriction in this section that Act of 1944 to recover purchase power and penses means expenditures that are generally applies to the use of funds made available for wheeling expenses shall be credited to this ac- recovered in the same year that they are in- the Department of Energy if compliance with count as offsetting collections, to remain avail- curred. such requirement or restriction would pose a able until expended for the sole purpose of mak- substantial risk to human health, the environ- ing purchase power and wheeling expenditures: FEDERAL ENERGY REGULATORY COMMISSION ment, welfare, or national security. Provided further, That for purposes of this ap- SALARIES AND EXPENSES (2) The Secretary of Energy shall notify the propriation, annual expenses means expendi- For necessary expenses of the Federal Energy Committees on Appropriations of any waiver tures that are generally recovered in the same Regulatory Commission to carry out the provi- under paragraph (1) as soon as practicable, but year that they are incurred (excluding purchase sions of the Department of Energy Organization not later than 3 days after the date of the activ- power and wheeling expenses). Act (42 U.S.C. 7101 et seq.), including services as ity to which a requirement or restriction would

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.037 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9029 otherwise have applied. Such notice shall in- ‘‘(A) an appropriation for the cost of the shall be valid for not more than 2 calendar clude an explanation of the substantial risk guarantee has been made; years subsequent to such determination. under paragraph (1) that permitted such waiver. ‘‘(B) the Secretary has received from the bor- (b) Not less than 30 days prior to the transfer, SEC. 302. The unexpended balances of prior rower a payment in full for the cost of the guar- sale, barter, distribution, or other provision of appropriations provided for activities in this Act antee and deposited the payment into the Treas- uranium in any form for the purpose of accel- may be available to the same appropriation ac- ury; or erating cleanup at a Federal site, the Secretary counts for such activities established pursuant ‘‘(C) a combination of one or more appropria- shall notify the House and Senate Committees to this title. Available balances may be merged tions under subparagraph (A) and one or more on Appropriations of the following: with funds in the applicable established ac- payments from the borrower under subpara- (1) the amount of uranium to be transferred, counts and thereafter may be accounted for as graph (B) has been made that is sufficient to sold, bartered, distributed, or otherwise pro- one fund for the same time period as originally cover the cost of the guarantee.’’. vided; enacted. SEC. 306. Plant or construction projects for (2) an estimate by the Secretary of the gross SEC. 303. Funds appropriated by this or any which amounts are made available under this market value of the uranium on the expected other Act, or made available by the transfer of and subsequent appropriation Acts with a cur- date of the transfer, sale, barter, distribution, or funds in this Act, for intelligence activities are rent estimated cost of less than $10,000,000 are other provision of the uranium; deemed to be specifically authorized by the Con- considered for purposes of section 4703 of Public (3) the expected date of transfer, sale, barter, gress for purposes of section 504 of the National Law 107–314 as a plant project for which the ap- distribution, or other provision of the uranium; Security Act of 1947 (50 U.S.C. 414) during fiscal proved total estimated cost does not exceed the (4) the recipient of the uranium; and year 2012 until the enactment of the Intelligence minor construction threshold and for purposes (5) the value of the services the Secretary ex- Authorization Act for fiscal year 2012. of section 4704 of Public Law 107–314 as a con- pects to receive in exchange for the uranium, in- SEC. 304. (a) SUBMISSION TO CONGRESS.—The struction project with a current estimated cost cluding any reductions to the gross value of the Secretary of Energy shall submit to Congress of less than a minor construction threshold. uranium by the recipient. (c) Not later than June 30, 2012, the Secretary each year, at the time that the President’s budg- SEC. 307. In section 839b(h)(10)(B) of title 16, shall submit to the House and Senate Commit- et is submitted to Congress that year under sec- United States Code, strike ‘‘$1,000,000’’ and in- tees on Appropriations a revised excess uranium tion 1105(a) of title 31, United States Code, a fu- sert ‘‘$2,500,000’’. inventory management plan for fiscal years 2013 ture-years energy program reflecting the esti- SEC. 308. None of the funds made available in through 2018. mated expenditures and proposed appropria- this title shall be used for the construction of fa- (d) Not later than December 31, 2011 the Sec- tions included in that budget. Any such future- cilities classified as high-hazard nuclear facili- retary shall submit to the House and Senate years energy program shall cover the fiscal year ties under 10 CFR Part 830 unless independent Committees on Appropriations a report evalu- with respect to which the budget is submitted oversight is conducted by the Office of Health, ating the economic feasibility of re-enriching de- and at least the four succeeding fiscal years. A Safety, and Security to ensure the project is in compliance with nuclear safety requirements. pleted uranium located at Federal sites. future-years energy program shall be included SEC. 313. None of the funds made available by in the fiscal year 2014 budget submission to Con- SEC. 309. Of the amounts appropriated in this title, $73,300,000 are hereby rescinded, to reflect this Act may be used to pay the salaries of De- gress and every fiscal year thereafter. partment of Energy employees to carry out sec- (b) ELEMENTS.—Each future-years energy pro- savings from the contractor pay freeze instituted by the Department. The Department shall allo- tion 407 of division A of the American Recovery gram shall contain the following: and Reinvestment Act of 2009. (1) The estimated expenditures and proposed cate the rescission among the appropriations made in this title. SEC. 314. (a) The Secretary of Energy may appropriations necessary to support programs, openly compete and issue an award to allow a projects, and activities of the Secretary of En- SEC. 310. None of the funds made available in this title may be used to approve critical deci- third party, on a fee-for-service basis, to operate ergy during the 5-fiscal year period covered by and maintain a metering station of the Strategic the program, expressed in a level of detail com- sion-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive depart- Petroleum Reserve that is underutilized (as de- parable to that contained in the budget sub- fined in section 102–75.50 of title 41, Code of mitted by the President to Congress under sec- mental guidance, for construction projects where the total project cost exceeds $100,000,000, Federal Regulations (or successor regulations)) tion 1105 of title 31, United States Code. and related equipment. (2) The estimated expenditures and proposed until a separate independent cost estimate has been developed for the project for that critical (b) Not later than 30 days before the issuance appropriations shaped by high-level, prioritized of such award, the Secretary of Energy shall program and budgetary guidance that is con- decision. SEC. 311. None of the funds made available in certify to the Committees on Appropriations of sistent with the administration’s policies and the House of Representatives and the Senate out year budget projections and reviewed by the this title may be used to make a grant alloca- tion, discretionary grant award, discretionary that the award will not reduce the reliability or Department of Energy’s (DOE) senior leadership accessibility of the Strategic Petroleum Reserve, to ensure that the future-years energy program contract award, or Other Transaction Agree- ment, or to issue a letter of intent, totaling in raise costs of oil in the local market, or nega- is consistent and congruent with previously es- tively impact the supply of oil to current users. tablished program and budgetary guidance. excess of $1,000,000, or to announce publicly the intention to make such an allocation, award, or (c) Funds collected under subsection (a) shall (3) A description of the anticipated workload be deposited in the general fund of the Treas- requirements for each DOE national laboratory Agreement, or to issue such a letter, including a contract covered by the Federal Acquisition ury. during the 5-fiscal year period. SEC. 315. None of the funds made available in Regulation, unless the Secretary of Energy noti- (c) CONSISTENCY IN BUDGETING.— this Act may be used— fies the Committees on Appropriations of the (1) The Secretary of Energy shall ensure that (1) to implement or enforce section 430.32(x) of Senate and the House of Representatives at amounts described in subparagraph (A) of para- title 10, Code of Federal Regulations; or graph (2) for any fiscal year are consistent with least 3 full business days in advance of making (2) to implement or enforce the standards es- amounts described in subparagraph (B) of para- such an allocation, award, or Agreement, or tablished by the tables contained in section graph (2) for that fiscal year. issuing such a letter: Provided, That if the Sec- 325(i)(1)(B) of the Energy Policy and Conserva- (2) Amounts referred to in paragraph (1) are retary of Energy determines that compliance tion Act (42 U.S.C. 6295(i)(1)(B)) with respect to the following: with this section would pose a substantial risk BPAR incandescent reflector lamps, BR incan- (A) The amounts specified in program and to human life, health, or safety, an allocation, descent reflector lamps, and ER incandescent budget information submitted to Congress by the award, or Agreement may be made, or a letter reflector lamps. Secretary of Energy in support of expenditure may be issued, without advance notification, SEC. 316. Recipients of grants awarded by the estimates and proposed appropriations in the and the Secretary shall notify the Committees Department in excess of $1,000,000 shall certify budget submitted to Congress by the President on Appropriations of the Senate and the House that they will, by the end of the fiscal year, up- under section 1105(a) of title 31, United States of Representatives not later than 5 full business grade the efficiency of their facilities by replac- Code, for any fiscal year, as shown in the fu- days after the date on which such an allocation, ing any lighting that does not meet or exceed ture-years energy program submitted pursuant award, or Agreement is made or letter issued: the energy efficiency standard for incandescent to subsection (a). Provided further, That the notification shall in- light bulbs set forth in section 325 of the Energy (B) The total amounts of estimated expendi- clude the recipient of the award, the amount of Policy and Conservation Act (42 U.S.C. 6295). tures and proposed appropriations necessary to the award, the fiscal year for which the funds TITLE IV support the programs, projects, and activities of for the award were appropriated, and the ac- INDEPENDENT AGENCIES the administration included pursuant to para- count and program from which the funds are graph (5) of section 1105(a) of such title in the being drawn, the title of the award, and a brief APPALACHIAN REGIONAL COMMISSION budget submitted to Congress under that section description of the activity for which the award For expenses necessary to carry out the pro- for any fiscal year. is made. grams authorized by the Appalachian Regional SEC. 305. Section 1702 of the Energy Policy Act SEC. 312. (a) Any determination (including a Development Act of 1965, as amended, for nec- of 2005 (42 U.S.C. 16512) is amended— determination made prior to the date of enact- essary expenses for the Federal Co-Chairman (1) by striking subsection (b) and inserting the ment of this Act) by the Secretary pursuant to and the Alternate on the Appalachian Regional following: section 3112(d)(2)(B) of the USEC Privatization Commission, for payment of the Federal share of ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- Act (110 Stat. 1321–335), as amended, that the the administrative expenses of the Commission, TION.— sale or transfer of uranium will not have an ad- including services as authorized by 5 U.S.C. ‘‘(1) IN GENERAL.—No guarantee shall be made verse material impact on the domestic uranium 3109, and hire of passenger motor vehicles, unless— mining, conversion, or enrichment industry $68,263,000, to remain available until expended.

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DEFENSE NUCLEAR FACILITIES SAFETY BOARD and $5,000,000 shall be for a Nuclear Science TITLE V SALARIES AND EXPENSES and Engineering Grant Program that will sup- GENERAL PROVISIONS port multiyear projects that do not align with For necessary expenses of the Defense Nuclear SEC. 501. None of the funds appropriated by programmatic missions but are critical to main- Facilities Safety Board in carrying out activities this Act may be used in any way, directly or in- taining the discipline of nuclear science and en- authorized by the Atomic Energy Act of 1954, as directly, to influence congressional action on gineering. amended by Public Law 100–456, section 1441, any legislation or appropriation matters pend- $29,130,000, to remain available until September OFFICE OF INSPECTOR GENERAL ing before Congress, other than to communicate 30, 2013: Provided, That within 90 days of enact- For necessary expenses of the Office of In- to Members of Congress as described in 18 U.S.C. ment of this Act, the Defense Nuclear Facilities spector General in carrying out the provisions of 1913. Safety Board shall enter into an agreement for the Inspector General Act of 1978, $10,860,000, to SEC. 502. None of the funds made available in inspector general services with the Office of In- remain available until September 30, 2013: Pro- this Act may be transferred to any department, spector General for the Nuclear Regulatory vided, That revenues from licensing fees, inspec- agency, or instrumentality of the United States Commission for fiscal years 2012 and 2013: Pro- tion services, and other services and collections Government, except pursuant to a transfer made vided further, That at the expiration of such estimated at $9,774,000 in fiscal year 2012 shall by, or transfer authority provided in this Act or agreement, the Defense Nuclear Facilities Safety be retained and be available until expended, for any other appropriation Act. Board shall procure inspector general services necessary salaries and expenses in this account, SEC. 503. None of the funds made available annually thereafter. notwithstanding section 3302 of title 31, United under this Act may be expended for any new hire by any Federal agency funded in this Act DELTA REGIONAL AUTHORITY States Code: Provided further, That the sum herein appropriated shall be reduced by the that is not verified through the E-Verify Pro- SALARIES AND EXPENSES amount of revenues received during fiscal year gram as described in section 403(a) of the Illegal For necessary expenses of the Delta Regional 2012 so as to result in a final fiscal year 2012 ap- Immigration Reform and Immigrant Responsi- Authority and to carry out its activities, as au- propriation estimated at not more than bility Act of 1996 (8 U.S.C. 1324a note). thorized by the Delta Regional Authority Act of $1,086,000. SEC. 504. None of the funds made available by 2000, as amended, notwithstanding sections this Act may be used to enter into a contract, NUCLEAR WASTE TECHNICAL REVIEW BOARD 382C(b)(2), 382F(d), 382M, and 382N of said Act, memorandum of understanding, or cooperative $11,677,000, to remain available until expended. SALARIES AND EXPENSES agreement with, make a grant to, or provide a DENALI COMMISSION For necessary expenses of the Nuclear Waste loan or loan guarantee to any corporation that For expenses of the Denali Commission in- Technical Review Board, as authorized by Pub- was convicted (or had an officer or agent of cluding the purchase, construction, and acquisi- lic Law 100–203, section 5051, $3,400,000 to be de- such corporation acting on behalf of the cor- tion of plant and capital equipment as nec- rived from the Nuclear Waste Fund, and to re- poration convicted) of a felony criminal viola- essary and other expenses, $10,679,000, to remain main available until expended. tion under any Federal law within the pre- available until expended, notwithstanding the OFFICE OF THE FEDERAL COORDINATOR FOR ceding 24 months, where the awarding agency is limitations contained in section 306(g) of the ALASKA NATURAL GAS TRANSPORTATION aware of the conviction, unless the agency has Denali Commission Act of 1998: Provided, That PROJECTS considered suspension or debarment of the cor- poration, or such officer or agent, and made a funds shall be available for construction For necessary expenses for the Office of the determination that this further action is not projects in an amount not to exceed 80 percent Federal Coordinator for Alaska Natural Gas necessary to protect the interests of the Govern- of total project cost for distressed communities, Transportation Projects pursuant to the Alaska ment. as defined by section 307 of the Denali Commis- Natural Gas Pipeline Act of 2004, $1,000,000. EC. 505. None of the funds made available by sion Act of 1998 (division C, title III, Public Law S GENERAL PROVISIONS—INDEPENDENT this Act may be used to enter into a contract, 105–277), as amended by section 701 of appendix AGENCIES memorandum of understanding, or cooperative D, title VII, Public Law 106–113 (113 Stat. agreement with, make a grant to, or provide a 1501A–280), and an amount not to exceed 50 per- SEC. 401. (a) None of the funds provided in loan or loan guarantee to, any corporation that cent for non-distressed communities. this title for ‘‘Nuclear Regulatory Commission— Salaries and Expenses’’ shall be available for has any unpaid Federal tax liability that has NORTHERN BORDER REGIONAL COMMISSION obligation or expenditure through a reprogram- been assessed, for which all judicial and admin- For necessary expenses of the Northern Bor- ming of funds that— istrative remedies have been exhausted or have der Regional Commission in carrying out activi- (1) increases funds or personnel for any pro- lapsed, and that is not being paid in a timely ties authorized by subtitle V of title 40, United gram, project, or activity for which funds are manner pursuant to an agreement with the au- States Code, $1,497,000, to remain available until denied or restricted by this Act; or thority responsible for collecting the tax liabil- expended: Provided, That such amounts shall be (2) reduces funds that are directed to be used ity, where the awarding agency is aware of the available for administrative expenses, notwith- for a specific program, project, or activity by unpaid tax liability, unless the agency has con- standing section 15751(b) of title 40, United this Act. sidered suspension or debarment of the corpora- States Code. (b) The Chairman of the Nuclear Regulatory tion and made a determination that this further SOUTHEAST CRESCENT REGIONAL COMMISSION Commission may not terminate any program, action is not necessary to protect the interests of For necessary expenses of the Southeast Cres- project, or activity without the approval of a the Government. EC. 506. None of the funds made available by cent Regional Commission in carrying out ac- majority vote of the Commissioners of the Nu- S this Act may be used in contravention of Execu- tivities authorized by subtitle V of title 40, clear Regulatory Commission approving such tive Order No. 12898 of February 11, 1994 (‘‘Fed- United States Code, $250,000, to remain avail- action. eral Actions to Address Environmental Justice able until expended. (c) The Nuclear Regulatory Commission may waive the restriction on reprogramming under in Minority Populations and Low-Income Popu- NUCLEAR REGULATORY COMMISSION subsection (a) on a case-by-case basis by certi- lations’’). SALARIES AND EXPENSES fying to the Committees on Appropriations of This division may be cited as the ‘‘Energy and For necessary expenses of the Commission in the House of Representatives and the Senate Water Development and Related Agencies Ap- carrying out the purposes of the Energy Reorga- that such action is required to address national propriations Act, 2012’’. nization Act of 1974, as amended, and the Atom- security or imminent risks to public safety. Each DIVISION C—FINANCIAL SERVICES AND ic Energy Act of 1954, as amended, including of- such waiver certification shall include a letter GENERAL GOVERNMENT APPROPRIA- ficial representation expenses (not to exceed from the Chairman of the Commission that a TIONS ACT, 2012 $25,000), $1,027,240,000, to remain available until majority of Commissioners of the Nuclear Regu- TITLE I expended: Provided, That of the amount appro- latory Commission have voted and approved the DEPARTMENT OF THE TREASURY priated herein, not more than $9,000,000 may be reprogramming waiver certification. DEPARTMENTAL OFFICES made available for salaries and other support SEC. 402. The Nuclear Regulatory Commission costs for the Office of the Commission: Provided shall require reactor licensees to re-evaluate the SALARIES AND EXPENSES further, That revenues from licensing fees, in- seismic, tsunami, flooding, and other external For necessary expenses of the Departmental spection services, and other services and collec- hazards at their sites against current applicable Offices including operation and maintenance of tions estimated at $899,726,000 in fiscal year 2012 Commission requirements and guidance for such the Treasury Building and Annex; hire of pas- shall be retained and used for necessary salaries licenses as expeditiously as possible, and there- senger motor vehicles; maintenance, repairs, and expenses in this account, notwithstanding after when appropriate, as determined by the and improvements of, and purchase of commer- 31 U.S.C. 3302, and shall remain available until Commission, and require each licensee to re- cial insurance policies for, real properties leased expended: Provided further, That the sum here- spond to the Commission that the design basis or owned overseas, when necessary for the per- in appropriated shall be reduced by the amount for each reactor meets the requirements of its li- formance of official business; terrorism and fi- of revenues received during fiscal year 2012 so as cense, current applicable Commission require- nancial intelligence activities; executive direc- to result in a final fiscal year 2012 appropriation ments and guidance for such license. Based tion program activities; international affairs estimated at not more than $127,514,000: Pro- upon the evaluations conducted pursuant to and economic policy activities; domestic finance vided further, That of the amounts appropriated this section and other information it deems rel- and tax policy activities; and Treasury-wide under this heading, $10,000,000 shall be for uni- evant, the Commission shall require licensees to management policies and programs activities, versity research and development in areas rel- update the design basis for each reactor, if nec- $308,388,000: Provided, That of the amount ap- evant to their respective organization’s mission, essary. propriated under this heading, $100,000,000 is for

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Native American organizations, tribes and tribal certificate: Provided further, That of the FINANCIAL MANAGEMENT SERVICE organizations and other suitable providers; of amount appropriated under this heading, SALARIES AND EXPENSES which, notwithstanding section 108(d) of such $6,787,000, to remain available until September Act, up to $22,000,000 shall be for a Healthy For necessary expenses of the Financial Man- 30, 2013, is for the Treasury-wide Financial Food Financing Initiative to provide grants and agement Service, $217,805,000, of which not to Statement Audit and Internal Control Program: loans to community development financial insti- exceed $4,210,000 shall remain available until Provided further, That of the amount appro- tutions for the purpose of offering affordable fi- September 30, 2014, for information systems mod- priated under this heading, $500,000, to remain nancing and technical assistance to expand the ernization initiatives; and of which not to ex- available until September 30, 2013, is for secure availability of healthy food options in distressed ceed $2,500 shall be available for official recep- space requirements: Provided further, That of communities; of which $18,000,000 shall be for tion and representation expenses. the amount appropriated under this heading, up the Bank Enterprise Awards program; and of to $3,400,000, to remain available until Sep- ALCOHOL AND TOBACCO TAX AND TRADE BUREAU which up to $22,965,000 may be used for admin- tember 30, 2014, is to develop and implement pro- SALARIES AND EXPENSES istrative expenses, including administration of grams within the Office of Critical Infrastruc- For necessary expenses of carrying out section the New Markets Tax Credit; of which up to ture Protection and Compliance Policy, includ- 1111 of the Homeland Security Act of 2002, in- $10,315,000 may be used for the cost of direct ing entering into cooperative agreements: Pro- cluding hire of passenger motor vehicles, loans; and of which up to $250,000 may be used vided further, That notwithstanding any other $99,878,000; of which not to exceed $6,000 for of- for administrative expenses to carry out the di- provision of law, of the amount appropriated ficial reception and representation expenses; not rect loan program: Provided, That the cost of di- under this heading, up to $1,000,000 may be con- to exceed $50,000 for cooperative research and rect loans, including the cost of modifying such tributed to the Organization for Economic Co- development programs for laboratory services; loans, shall be as defined in section 502 of the operation and Development for the Depart- and provision of laboratory assistance to State Congressional Budget Act of 1974: Provided fur- ment’s participation in programs related to glob- and local agencies with or without reimburse- ther, That these funds are available to subsidize al tax administration. ment: Provided, That of the amount appro- gross obligations for the principal amount of di- OFFICE OF INSPECTOR GENERAL priated under this heading, $2,000,000 shall be rect loans not to exceed $25,000,000: Provided SALARIES AND EXPENSES for the costs of special law enforcement agents further, That of the funds awarded under this heading, not less than 10 percent shall be used For necessary expenses of the Office of In- to target tobacco smuggling and other criminal for projects that serve populations living in per- spector General in carrying out the provisions of diversion activities. sistent poverty counties (where such term is de- the Inspector General Act of 1978, $29,641,000, UNITED STATES MINT fined as any county that has had 20 percent or including hire of passenger motor vehicles; of UNITED STATES MINT PUBLIC ENTERPRISE FUND more of its population living in poverty over the which not to exceed $100,000 shall be available Pursuant to section 5136 of title 31, United past 30 years, as measured by the 1990, 2000, and for unforeseen emergencies of a confidential na- States Code, the United States Mint is provided 2010 decennial censuses). ture, to be allocated and expended under the di- funding through the United States Mint Public rection of the Inspector General of the Treasury; INTERNAL REVENUE SERVICE Enterprise Fund for costs associated with the TAXPAYER SERVICES and of which not to exceed $2,500 shall be avail- production of circulating coins, numismatic For necessary expenses of the Internal Rev- able for official reception and representation ex- coins, and protective services, including both enue Service to provide taxpayer services, in- penses. operating expenses and capital investments. The cluding pre-filing assistance and education, fil- TREASURY INSPECTOR GENERAL FOR TAX aggregate amount of new liabilities and obliga- ing and account services, taxpayer advocacy ADMINISTRATION tions incurred during fiscal year 2012 under services, and other services as authorized by 5 SALARIES AND EXPENSES such section 5136 for circulating coinage and U.S.C. 3109, at such rates as may be determined protective service capital investments of the For necessary expenses of the Treasury In- by the Commissioner, $2,239,703,000, of which United States Mint shall not exceed $20,000,000. spector General for Tax Administration in car- not less than $5,600,000 shall be for the Tax rying out the Inspector General Act of 1978, in- BUREAU OF THE PUBLIC DEBT Counseling for the Elderly Program, of which cluding purchase (not to exceed 150 for replace- ADMINISTERING THE PUBLIC DEBT not less than $9,750,000 shall be available for ment only for police-type use) and hire of pas- low-income taxpayer clinic grants, of which not senger motor vehicles (31 U.S.C. 1343(b)); serv- For necessary expenses connected with any public-debt issues of the United States, less than $12,000,000, to remain available until ices authorized by 5 U.S.C. 3109, at such rates as September 30, 2013, shall be available for a Com- may be determined by the Inspector General for $173,635,000, of which not to exceed $2,500 shall be available for official reception and represen- munity Volunteer Income Tax Assistance match- Tax Administration; $151,696,000, of which not ing grants program for tax return preparation to exceed $500,000 shall be available for unfore- tation expenses, and of which not to exceed $10,000,000 shall remain available until Sep- assistance, of which not less than $205,000,000 seen emergencies of a confidential nature, to be shall be available for operating expenses of the allocated and expended under the direction of tember 30, 2014 to reduce improper payments: Provided, That the sum appropriated herein Taxpayer Advocate Service, and of which the Inspector General for Tax Administration; $15,481,000 shall be for expenses necessary to im- and of which not to exceed $1,500 shall be avail- from the general fund for fiscal year 2012 shall be reduced by not more than $8,000,000 as defini- plement the tax credit in title II of division A of able for official reception and representation ex- the Trade Act of 2002 (Public Law 107–210). penses. tive security issue fees and Legacy Treasury Di- rect Investor Account Maintenance fees are col- ENFORCEMENT SPECIAL INSPECTOR GENERAL FOR THE TROUBLED lected, so as to result in a final fiscal year 2012 For necessary expenses for tax enforcement ASSET RELIEF PROGRAM appropriation from the general fund estimated activities of the Internal Revenue Service to de- SALARIES AND EXPENSES at $165,635,000. In addition, $165,000 to be de- termine and collect owed taxes, to provide legal For necessary expenses of the Office of the rived from the Oil Spill Liability Trust Fund to and litigation support, to conduct criminal in- Special Inspector General in carrying out the reimburse the Bureau for administrative and vestigations, to enforce criminal statutes related provisions of the Emergency Economic Stabiliza- personnel expenses for financial management of to violations of internal revenue laws and other tion Act of 2008 (Public Law 110–343), the Fund, as authorized by section 1012 of Pub- financial crimes, to purchase (for police-type $41,800,000. lic Law 101–380. use, not to exceed 850) and hire passenger motor FINANCIAL CRIMES ENFORCEMENT NETWORK COMMUNITY DEVELOPMENT FINANCIAL vehicles (31 U.S.C. 1343(b)), and to provide other SALARIES AND EXPENSES INSTITUTIONS FUND PROGRAM ACCOUNT services as authorized by 5 U.S.C. 3109, at such For necessary expenses of the Financial To carry out the Community Development rates as may be determined by the Commis- Crimes Enforcement Network, including hire of Banking and Financial Institutions Act of 1994 sioner, $5,299,367,000, of which not less than passenger motor vehicles; travel and training ex- (Public Law 103–325), including services author- $60,257,000 shall be for the Interagency Crime penses, including for course development, of ized by 5 U.S.C. 3109, but at rates for individ- and Drug Enforcement program. non-Federal and foreign government personnel uals not to exceed the per diem rate equivalent OPERATIONS SUPPORT to attend meetings and training concerned with to the rate for ES–3, notwithstanding section For necessary expenses of the Internal Rev- domestic and foreign financial intelligence ac- 4707(e) of title 12, United States Code with re- enue Service to support taxpayer services and tivities, law enforcement, and financial regula- gard to Small and/or Emerging Community De- enforcement programs, including rent payments;

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facilities services; printing; postage; physical se- SEC. 104. Funds made available by this or any ury, the Bureau of Engraving and Printing, and curity; headquarters and other IRS-wide admin- other Act to the Internal Revenue Service shall the United States Mint, individually or collec- istration activities; research and statistics of in- be available for improved facilities and in- tively, may be used to consolidate any or all come; telecommunications; information tech- creased staffing to provide sufficient and effec- functions of the Bureau of Engraving and nology development, enhancement, operations, tive 1–800 help line service for taxpayers. The Printing and the United States Mint without maintenance, and security; the hire of passenger Commissioner shall continue to make the im- the explicit approval of the House Committee on motor vehicles (31 U.S.C. 1343(b)); and other provement of the Internal Revenue Service 1–800 Financial Services; the Senate Committee on services as authorized by 5 U.S.C. 3109, at such help line service a priority and allocate re- Banking, Housing, and Urban Affairs; and the rates as may be determined by the Commis- sources necessary to increase phone lines and Committees on Appropriations of the House of sioner; $3,947,416,000, of which up to $250,000,000 staff to improve the Internal Revenue Service 1– Representatives and the Senate. shall remain available until September 30, 2013, 800 help line service. SEC. 114. Funds appropriated by this Act, or for information technology support; of which up ADMINISTRATIVE PROVISIONS—DEPARTMENT OF made available by the transfer of funds in this to $65,000,000 shall remain available until ex- THE TREASURY Act, for the Department of the Treasury’s intel- pended for acquisition of real property, equip- (INCLUDING TRANSFERS OF FUNDS) ligence or intelligence related activities are ment, construction and renovation of facilities; deemed to be specifically authorized by the Con- of which not to exceed $1,000,000 shall remain SEC. 105. Appropriations to the Department of gress for purposes of section 504 of the National available until September 30, 2014, for research; the Treasury in this Act shall be available for Security Act of 1947 (50 U.S.C. 414) during fiscal of which not less than $2,000,000 shall be for the uniforms or allowances therefor, as authorized year 2012 until the enactment of the Intelligence Internal Revenue Service Oversight Board; of by law (5 U.S.C. 5901), including maintenance, Authorization Act for Fiscal Year 2012. repairs, and cleaning; purchase of insurance for which not to exceed $25,000 shall be for official SEC. 115. Not to exceed $5,000 shall be made reception and representation expenses: Pro- official motor vehicles operated in foreign coun- available from the Bureau of Engraving and vided, That not later than 14 days after the end tries; purchase of motor vehicles without regard Printing’s Industrial Revolving Fund for nec- of each quarter of each fiscal year, the Internal to the general purchase price limitations for ve- essary official reception and representation ex- Revenue Service shall submit a report to the hicles purchased and used overseas for the cur- penses. rent fiscal year; entering into contracts with the House and Senate Committees on Appropria- SEC. 116. Section 5114(c) of title 31, United Department of State for the furnishing of health tions and the Comptroller General of the United States Code (relating to engraving and printing and medical services to employees and their de- States detailing the cost and schedule perform- currency and security documents), is amended pendents serving in foreign countries; and serv- ance for its major information technology in- by striking ‘‘for a period of not more than 4 ices authorized by 5 U.S.C. 3109. vestments, including the purpose and life-cycle years’’. SEC. 106. Not to exceed 2 percent of any appro- stages of the investments; the reasons for any SEC. 117. In the current fiscal year and each priations in this Act made available to the De- cost and schedule variances; the risks of such fiscal year hereafter, any person who forwards partmental Offices—Salaries and Expenses, Of- investments and strategies the Internal Revenue to the Bureau of Engraving and Printing a mu- fice of Inspector General, Special Inspector Gen- Service is using to mitigate such risks; and the tilated paper currency claim equal to or exceed- eral for the Troubled Asset Relief Program, Fi- expected developmental milestones to be ing $10,000 for redemption will be required to nancial Management Service, Alcohol and To- achieved and costs to be incurred in the next provide the Bureau their taxpayer identification bacco Tax and Trade Bureau, Financial Crimes quarter: Provided further, That the Internal number. Enforcement Network, and Bureau of the Public Revenue Service shall include, in its budget jus- SEC. 118. Section 5318(g)(2)(A) of title 31, Debt, may be transferred between such appro- tification for fiscal year 2013, a summary of cost United States Code, is amended— priations upon the advance approval of the and schedule performance information for its (1) by striking clause (i) and inserting the fol- Committees on Appropriations: Provided, That major information technology systems. lowing: no transfer may increase or decrease any such ‘‘(i) neither the financial institution, director, BUSINESS SYSTEMS MODERNIZATION appropriation by more than 2 percent. officer, employee, or agent of such institution For necessary expenses of the Internal Rev- SEC. 107. Not to exceed 2 percent of any ap- enue Service’s business systems modernization propriation made available in this Act to the In- (whether or not any such person is still em- program, $330,210,000, to remain available until ternal Revenue Service may be transferred to ployed by the institution), nor any other current September 30, 2014, for the capital asset acquisi- the Treasury Inspector General for Tax Admin- or former director, officer, or employee of, or tion of information technology systems, includ- istration’s appropriation upon the advance ap- contractor for, the financial institution or other ing management and related contractual costs proval of the Committees on Appropriations: reporting person, may notify any person in- of said acquisitions, including related Internal Provided, That no transfer may increase or de- volved in the transaction that the transaction Revenue Service labor costs, and contractual crease any such appropriation by more than 2 has been reported; and’’; and costs associated with operations authorized by 5 percent. (2) in clause (ii)— U.S.C. 3109: Provided, That not later than 14 SEC. 108. Of the funds available for the pur- (A) by striking ‘‘no officer or employee of’’ days after the end of each quarter of each fiscal chase of law enforcement vehicles, no funds may and inserting ‘‘no current or former officer or year, the Internal Revenue Service shall submit be obligated until the Secretary of the Treasury employee of or contractor for’’; and a report to the House and Senate Committees on certifies that the purchase by the respective (B) by inserting ‘‘or for’’ before ‘‘any State’’. Appropriations and the Comptroller General of Treasury bureau is consistent with depart- SEC. 119. Section 5319 of title 31, United States the United States detailing the cost and sched- mental vehicle management principles: Pro- Code (relating to availability of reports), is ule performance for CADE2 and Modernized e- vided, That the Secretary may delegate this au- amended by inserting after ‘‘title 5’’ the fol- File information technology investments, includ- thority to the Assistant Secretary for Manage- lowing: ‘‘, and may not be disclosed under any ing the purposes and life-cycle stages of the in- ment. State, local, tribal, or territorial ‘freedom of in- vestments; the reasons for any cost and schedule SEC. 109. None of the funds appropriated in formation’, ‘open government’, or similar law’’. variances; the risks of such investments and the this Act or otherwise available to the Depart- SEC. 120. Section 5331(a) of title 31, United strategies the Internal Revenue Service is using ment of the Treasury or the Bureau of Engrav- States Code, is amended— to mitigate such risks; and the expected develop- ing and Printing may be used to redesign the $1 (1) by striking paragraph (1) and inserting the mental milestones to be achieved and costs to be Federal Reserve note. following: incurred in the next quarter. SEC. 110. The Secretary of the Treasury may ‘‘(1)(A) who is engaged in a trade or business, transfer funds from Financial Management and’’; ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE Service, Salaries and Expenses to the Debt Col- (2) by redesignating paragraph (2) as sub- SERVICE lection Fund as necessary to cover the costs of paragraph (B); (INCLUDING TRANSFER OF FUNDS) debt collection: Provided, That such amounts (3) in subparagraph (B), as so redesignated, SEC. 101. Not to exceed 5 percent of any ap- shall be reimbursed to such salaries and ex- by adding ‘‘or’’ at the end; and propriation made available in this Act to the In- penses account from debt collections received in (4) by inserting after subparagraph (B), as so ternal Revenue Service or not to exceed 3 per- the Debt Collection Fund. redesignated, the following new paragraph: cent of appropriations under the heading ‘‘En- SEC. 111. Section 122(g)(1) of Public Law 105– ‘‘(2) who is required to file a report under sec- forcement’’ may be transferred to any other In- 119 (5 U.S.C. 3104 note), is further amended by tion 6050I(g) of the Internal Revenue Code of ternal Revenue Service appropriation upon the striking ‘‘12 years’’ and inserting ‘‘14 years’’. 1986,’’. advance approval of the Committees on Appro- SEC. 112. None of the funds appropriated or SEC. 121. The Secretary of the Treasury shall priations. otherwise made available by this or any other submit a Capital Investment Plan to the Com- SEC. 102. The Internal Revenue Service shall Act may be used by the United States Mint to mittees on Appropriations of the Senate and the maintain a training program to ensure that In- construct or operate any museum without the House of Representatives not later than 30 days ternal Revenue Service employees are trained in explicit approval of the Committees on Appro- following the submission of the annual budget taxpayers’ rights, in dealing courteously with priations of the House of Representatives and for the Administration submitted by the Presi- taxpayers, and in cross-cultural relations. the Senate, the House Committee on Financial dent: Provided, That such Capital Investment SEC. 103. The Internal Revenue Service shall Services, and the Senate Committee on Banking, Plan shall include capital investment spending institute and enforce policies and procedures Housing and Urban Affairs. from all accounts within the Department of the that will safeguard the confidentiality of tax- SEC. 113. None of the funds appropriated or Treasury, including but not limited to the De- payer information and protect taxpayers otherwise made available by this or any other partment-wide Systems and Capital Investment against identity theft. Act or source to the Department of the Treas- Programs account, the Working Capital Fund

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.036 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9033 account, and the Treasury Forfeiture Fund ac- days, in accordance with the interest and pen- or prior Acts shall be used, directly or indi- count: Provided further, That such Capital In- alty provisions applicable to an outstanding rectly, by the Office of Management and Budg- vestment Plan shall include expenditures occur- debt on a United States Government claim under et, for evaluating or determining if water re- ring in previous fiscal years for each capital in- 31 U.S.C. 3717: Provided further, That each such source project or study reports submitted by the vestment project that has not been fully com- amount that is reimbursed, and any accom- Chief of Engineers acting through the Secretary pleted. panying interest and charges, shall be deposited of the Army are in compliance with all applica- This title may be cited as the ‘‘Department of in the Treasury as miscellaneous receipts: Pro- ble laws, regulations, and requirements relevant the Treasury Appropriations Act, 2012’’. vided further, That the Executive Residence to the Civil Works water resource planning TITLE II shall prepare and submit to the Committees on process: Provided further, That the Office of EXECUTIVE OFFICE OF THE PRESIDENT Appropriations, by not later than 90 days after Management and Budget shall have not more AND FUNDS APPROPRIATED TO THE the end of the fiscal year covered by this Act, a than 60 days in which to perform budgetary pol- PRESIDENT report setting forth the reimbursable operating icy reviews of water resource matters on which expenses of the Executive Residence during the the Chief of Engineers has reported: Provided COMPENSATION OF THE PRESIDENT preceding fiscal year, including the total further, That the Director of the Office of Man- For compensation of the President, including amount of such expenses, the amount of such agement and Budget shall notify the appro- an expense allowance at the rate of $50,000 per total that consists of reimbursable official and priate authorizing and appropriating committees annum as authorized by 3 U.S.C. 102, $450,000: ceremonial events, the amount of such total that when the 60-day review is initiated: Provided Provided, That none of the funds made avail- consists of reimbursable political events, and the further, That if water resource reports have not able for official expenses shall be expended for portion of each such amount that has been re- been transmitted to the appropriate authorizing any other purpose and any unused amount imbursed as of the date of the report: Provided and appropriating committees within 15 days shall revert to the Treasury pursuant to 31 further, That the Executive Residence shall after the end of the Office of Management and U.S.C. 1552. maintain a system for the tracking of expenses Budget review period based on the notification THE WHITE HOUSE related to reimbursable events within the Execu- from the Director, Congress shall assume Office SALARIES AND EXPENSES tive Residence that includes a standard for the of Management and Budget concurrence with For necessary expenses for the White House as classification of any such expense as political or the report and act accordingly. authorized by law, including not to exceed nonpolitical: Provided further, That no provi- OFFICE OF NATIONAL DRUG CONTROL POLICY $3,850,000 for services as authorized by 5 U.S.C. sion of this paragraph may be construed to ex- SALARIES AND EXPENSES empt the Executive Residence from any other 3109 and 3 U.S.C. 105; subsistence expenses as For necessary expenses of the Office of Na- applicable requirement of subchapter I or II of authorized by 3 U.S.C. 105, which shall be ex- tional Drug Control Policy; for research activi- chapter 37 of title 31, United States Code. pended and accounted for as provided in that ties pursuant to the Office of National Drug section; hire of passenger motor vehicles, news- WHITE HOUSE REPAIR AND RESTORATION Control Policy Reauthorization Act of 2006 papers, periodicals, and travel (not to exceed For the repair, alteration, and improvement of (Public Law 109–469); not to exceed $10,000 for $100,000 to be expended and accounted for as the Executive Residence at the White House, official reception and representation expenses; provided by 3 U.S.C. 103); and not to exceed $750,000, to remain available until expended, for and for participation in joint projects or in the $19,000 for official entertainment expenses, to be required maintenance, resolution of safety and provision of services on matters of mutual inter- available for allocation within the Executive Of- health issues, and continued preventative main- est with nonprofit, research, or public organiza- fice of the President; and for necessary expenses tenance. tions or agencies, with or without reimburse- of the Office of Policy Development, including COUNCIL OF ECONOMIC ADVISERS ment, $24,500,000: Provided, That the Office is services as authorized by 5 U.S.C. 3109 and 3 SALARIES AND EXPENSES authorized to accept, hold, administer, and uti- U.S.C. 107, $56,974,000. lize gifts, both real and personal, public and pri- EXECUTIVE RESIDENCE AT THE WHITE HOUSE For necessary expenses of the Council of Eco- vate, without fiscal year limitation, for the pur- nomic Advisers in carrying out its functions OPERATING EXPENSES pose of aiding or facilitating the work of the Of- under the Employment Act of 1946 (15 U.S.C. fice. For the care, maintenance, repair and alter- 1021 et seq.), $4,192,000. ation, refurnishing, improvement, heating, and FEDERAL DRUG CONTROL PROGRAMS NATIONAL SECURITY COUNCIL AND HOMELAND lighting, including electric power and fixtures, HIGH INTENSITY DRUG TRAFFICKING AREAS SECURITY COUNCIL of the Executive Residence at the White House PROGRAM SALARIES AND EXPENSES and official entertainment expenses of the Presi- (INCLUDING TRANSFERS OF FUNDS) dent, $13,425,000, to be expended and accounted For necessary expenses of the National Secu- For necessary expenses of the Office of Na- for as provided by 3 U.S.C. 105, 109, 110, and rity Council and the Homeland Security Coun- tional Drug Control Policy’s High Intensity 112–114. cil, including services as authorized by 5 U.S.C. Drug Trafficking Areas Program, $238,522,000, REIMBURSABLE EXPENSES 3109, $13,048,000. to remain available until September 30, 2013, for For the reimbursable expenses of the Execu- OFFICE OF ADMINISTRATION drug control activities consistent with the ap- tive Residence at the White House, such sums as SALARIES AND EXPENSES proved strategy for each of the designated High may be necessary: Provided, That all reimburs- For necessary expenses of the Office of Ad- Intensity Drug Trafficking Areas (‘‘HIDTAs’’), able operating expenses of the Executive Resi- ministration, including services as authorized by of which not less than 51 percent shall be trans- dence shall be made in accordance with the pro- 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- ferred to State and local entities for drug control visions of this paragraph: Provided further, senger motor vehicles, $112,952,000, of which activities and shall be obligated not later than That, notwithstanding any other provision of $10,403,000 shall remain available until ex- 120 days after enactment of this Act: Provided, law, such amount for reimbursable operating ex- pended for continued modernization of the in- That up to 49 percent may be transferred to penses shall be the exclusive authority of the formation technology infrastructure within the Federal agencies and departments in amounts Executive Residence to incur obligations and to Executive Office of the President. determined by the Director of the Office of Na- receive offsetting collections, for such expenses: tional Drug Control Policy, of which up to OFFICE OF MANAGEMENT AND BUDGET Provided further, That the Executive Residence $2,700,000 may be used for auditing services and shall require each person sponsoring a reimburs- SALARIES AND EXPENSES associated activities (including up to $500,000 to able political event to pay in advance an For necessary expenses of the Office of Man- ensure the continued operation and mainte- amount equal to the estimated cost of the event, agement and Budget, including hire of pas- nance of the Performance Management System): and all such advance payments shall be credited senger motor vehicles and services as authorized Provided further, That, notwithstanding the re- to this account and remain available until ex- by 5 U.S.C. 3109 and to carry out the provisions quirements of Public Law 106–58, any unex- pended: Provided further, That the Executive of chapter 35 of title 44, United States Code, pended funds obligated prior to fiscal year 2010 Residence shall require the national committee $89,456,000, of which not to exceed $3,000 shall may be used for any other approved activities of of the political party of the President to main- be available for official representation expenses: that HIDTA, subject to reprogramming require- tain on deposit $25,000, to be separately ac- Provided, That none of the funds appropriated ments: Provided further, That each HIDTA des- counted for and available for expenses relating in this Act for the Office of Management and ignated as of September 30, 2011, shall be funded to reimbursable political events sponsored by Budget may be used for the purpose of review- at not less than the fiscal year 2011 base level, such committee during such fiscal year: Pro- ing any agricultural marketing orders or any unless the Director submits to the Committees on vided further, That the Executive Residence activities or regulations under the provisions of Appropriations of the House of Representatives shall ensure that a written notice of any the Agricultural Marketing Agreement Act of and the Senate justification for changes to those amount owed for a reimbursable operating ex- 1937 (7 U.S.C. 601 et seq.): Provided further, levels based on clearly articulated priorities and pense under this paragraph is submitted to the That none of the funds made available for the published Office of National Drug Control Pol- person owing such amount within 60 days after Office of Management and Budget by this Act icy performance measures of effectiveness: Pro- such expense is incurred, and that such amount may be expended for the altering of the tran- vided further, That the Director shall notify the is collected within 30 days after the submission script of actual testimony of witnesses, except Committees on Appropriations of the initial allo- of such notice: Provided further, That the Exec- for testimony of officials of the Office of Man- cation of fiscal year 2012 funding among utive Residence shall charge interest and assess agement and Budget, before the Committees on HIDTAs not later than 45 days after enactment penalties and other charges on any such Appropriations or their subcommittees: Provided of this Act, and shall notify the Committees of amount that is not reimbursed within such 30 further, That none of the funds provided in this planned uses of discretionary HIDTA funding,

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.036 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9034 CONGRESSIONAL RECORD — HOUSE December 15, 2011 as determined in consultation with the HIDTA cil of Economic Advisers’’, ‘‘National Security upon the advance approval of the Committees Directors, not later than 90 days after enact- Council and Homeland Security Council’’, ‘‘Of- on Appropriations: Provided, That no transfer ment of this Act. fice of Administration’’, ‘‘Special Assistance to may increase or decrease any such appropria- OTHER FEDERAL DRUG CONTROL PROGRAMS the President’’, and ‘‘Official Residence of the tion by more than 3 percent. Vice President’’, the Director of the Office of SEC. 206. Not to exceed $1,000,000 of any ap- (INCLUDING TRANSFERS OF FUNDS) Management and Budget (or such other officer propriations in this Act made available to the For other drug control activities authorized by as the President may designate in writing), may, Office of National Drug Control Policy may be the Office of National Drug Control Policy Re- 15 days after giving notice to the Committees on reprogrammed within a program, project, or ac- authorization Act of 2006 (Public Law 109–469), Appropriations of the House of Representatives tivity upon the advance approval of the Com- $105,550,000, to remain available until expended, and the Senate, transfer not to exceed 10 per- mittees on Appropriations. which shall be available as follows: $92,000,000 cent of any such appropriation to any other SEC. 207. From the unobligated balances of for the Drug-Free Communities Program, of such appropriation, to be merged with and prior year appropriations made available for the which $2,000,000 shall be made available as di- available for the same time and for the same Counterdrug Technology Assessment Center, rected by section 4 of Public Law 107–82, as purposes as the appropriation to which trans- $5,244,639 are rescinded. amended by Public Law 109–469 (21 U.S.C. 1521 ferred: Provided, That the amount of an appro- SEC. 208. From the unobligated balances of note); $1,400,000 for drug court training and priation shall not be increased by more than 50 prior year appropriations made available for technical assistance; $9,000,000 for anti-doping percent by such transfers: Provided further, Other Federal Drug Control Programs, $359,958 activities; $1,900,000 for the United States mem- That no amount shall be transferred from ‘‘Spe- for a chronic users study and $5,723,403 for the bership dues to the World Anti-Doping Agency; cial Assistance to the President’’ or ‘‘Official National Anti-Drug Youth Media Campaign are and $1,250,000 shall be made available as di- Residence of the Vice President’’ without the rescinded. rected by section 1105 of Public Law 109–469. approval of the Vice President. SEC. 209. Of the unobligated balances avail- INTEGRATED, EFFICIENT AND EFFECTIVE USES OF SEC. 202. The Director of the Office of Man- able under the heading ‘‘Executive Office of the INFORMATION TECHNOLOGY agement and Budget shall submit to the Com- President and Funds Appropriated to the Presi- (INCLUDING TRANSFER OF FUNDS) mittees on Appropriations of the House and the dent—Partnership Fund for Program Integrity Senate a report on the implementation of Execu- Innovation’’ in title II of division C of the Con- For necessary expenses for the furtherance of tive Order 13563 (76 Fed. Reg. 3821; relating to solidated Appropriations Act, 2010 (Public Law integrated, efficient and effective uses of infor- Improving Regulation and Regulatory Review) 111–117), $10,000,000 are rescinded. In addition mation technology in the Federal Government, by April 2, 2012. The report shall include infor- to the amounts made available under such $5,000,000, to remain available until expended: mation on— heading in this Act, $10,000,000 are appro- Provided, That the Director of the Office of (a) increasing public participation in the rule- priated, to remain available until September 30, Management and Budget may transfer these making process and reducing uncertainty; 2013. funds to one or more other agencies to carry out (b) improving coordination across Federal This title may be cited as the ‘‘Executive Of- projects to meet these purposes: Provided fur- agencies to eliminate redundant, inconsistent, fice of the President Appropriations Act, 2012’’. ther, That the Director of the Office of Manage- and overlapping regulations; and TITLE III ment and Budget shall submit quarterly reports (c) identifying existing regulations that have THE JUDICIARY to the Committees on Appropriations of the been reviewed and determined to be outmoded, House and the Senate identifying the savings ineffective, or excessively burdensome. SUPREME COURT OF THE UNITED STATES achieved by the Office of Management and SEC. 203. Within 120 days after the date of en- SALARIES AND EXPENSES Budget’s government-wide information tech- actment of this section, the Director of the Of- For expenses necessary for the operation of nology reform efforts: Provided further, That fice of Management and Budget shall submit a the Supreme Court, as required by law, exclud- such report shall include savings identified by report to the Committees on Appropriations of ing care of the building and grounds, including fiscal year, agency and appropriation. the House and the Senate on the costs of imple- purchase or hire, driving, maintenance, and op- UNANTICIPATED NEEDS menting the Dodd-Frank Wall Street Reform eration of an automobile for the Chief Justice, For expenses necessary to enable the Presi- and Consumer Protection Act (Public Law 111– not to exceed $10,000 for the purpose of trans- dent to meet unanticipated needs, in further- 203). Such report shall include— porting Associate Justices, and hire of passenger ance of the national interest, security, or de- (1) the estimated mandatory and discretionary motor vehicles as authorized by 31 U.S.C. 1343 fense which may arise at home or abroad during obligations of funds through fiscal year 2014, by and 1344; not to exceed $10,000 for official recep- the current fiscal year, as authorized by 3 Federal agency and by fiscal year, including— tion and representation expenses; and for mis- U.S.C. 108, $988,000, to remain available until (A) the estimated obligations by cost inputs cellaneous expenses, to be expended as the Chief September 30, 2013. such as rent, information technology, contracts, Justice may approve, $74,819,000, of which and personnel; SPECIAL ASSISTANCE TO THE PRESIDENT $2,000,000 shall remain available until expended. (B) the methodology and data sources used to CARE OF THE BUILDING AND GROUNDS SALARIES AND EXPENSES calculate such estimated obligations; and For necessary expenses to enable the Vice (C) the specific section of such Act that re- For such expenditures as may be necessary to President to provide assistance to the President quires the obligation of funds; and enable the Architect of the Capitol to carry out in connection with specially assigned functions; (2) the estimated receipts through fiscal year the duties imposed upon the Architect by 40 services as authorized by 5 U.S.C. 3109 and 3 2014 from assessments, user fees, and other fees U.S.C. 6111 and 6112, $8,159,000, to remain avail- U.S.C. 106, including subsistence expenses as by the Federal agency making the collections, able until expended. authorized by 3 U.S.C. 106, which shall be ex- by fiscal year, including— UNITED STATES COURT OF APPEALS FOR THE pended and accounted for as provided in that (A) the methodology and data sources used to FEDERAL CIRCUIT section; and hire of passenger motor vehicles, calculate such estimated collections; and SALARIES AND EXPENSES $4,328,000. (B) the specific section of such Act that au- thorizes the collection of funds. For salaries of the chief judge, judges, and OFFICIAL RESIDENCE OF THE VICE PRESIDENT SEC. 204. The Director of the Office of Na- other officers and employees, and for necessary OPERATING EXPENSES tional Drug Control Policy shall submit to the expenses of the court, as authorized by law, (INCLUDING TRANSFER OF FUNDS) Committees on Appropriations of the House of $32,511,000. For the care, operation, refurnishing, im- Representatives and the Senate not later than UNITED STATES COURT OF INTERNATIONAL provement, and to the extent not otherwise pro- 60 days after the date of enactment of this Act, TRADE vided for, heating and lighting, including elec- and prior to the initial obligation of more than SALARIES AND EXPENSES tric power and fixtures, of the official residence 20 percent of the funds appropriated in any ac- For salaries of the chief judge and eight of the Vice President; the hire of passenger count under the heading ‘‘Office of National judges, salaries of the officers and employees of motor vehicles; and not to exceed $90,000 for of- Drug Control Policy’’, a detailed narrative and the court, services, and necessary expenses of ficial entertainment expenses of the Vice Presi- financial plan on the proposed uses of all funds the court, as authorized by law, $21,447,000. under the account by program, project, and ac- dent, to be accounted for solely on his certifi- COURTS OF APPEALS, DISTRICT COURTS, AND tivity: Provided, That the reports required by cate, $307,000: Provided, That advances or re- OTHER JUDICIAL SERVICES payments or transfers from this appropriation this section shall be updated and submitted to SALARIES AND EXPENSES may be made to any department or agency for the Committees on Appropriations every 6 expenses of carrying out such activities. months and shall include information detailing For the salaries of circuit and district judges how the estimates and assumptions contained in (including judges of the territorial courts of the ADMINISTRATIVE PROVISIONS—EXECUTIVE OF- previous reports have changed: Provided fur- United States), justices and judges retired from FICE OF THE PRESIDENT AND FUNDS APPRO- ther, That any new projects and changes in office or from regular active service, judges of PRIATED TO THE PRESIDENT funding of ongoing projects shall be subject to the United States Court of Federal Claims, (INCLUDING TRANSFERS OF FUNDS AND the prior approval of the Committees on Appro- bankruptcy judges, magistrate judges, and all RESCISSIONS) priations. other officers and employees of the Federal Ju- SEC. 201. From funds made available in this SEC. 205. Not to exceed 2 percent of any appro- diciary not otherwise specifically provided for, Act under the headings ‘‘The White House’’, priations in this Act made available to the Of- necessary expenses of the courts, and the pur- ‘‘Executive Residence at the White House’’, fice of National Drug Control Policy may be chase, rental, repair, and cleaning of uniforms ‘‘White House Repair and Restoration’’, ‘‘Coun- transferred between appropriated programs for Probation and Pretrial Services Office staff,

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.036 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9035 as authorized by law, $5,015,000,000 (including $82,909,000, of which not to exceed $8,500 is au- (1) in the third sentence (relating to the Dis- the purchase of firearms and ammunition); of thorized for official reception and representa- trict of Kansas), by striking ‘‘20 years’’ and in- which not to exceed $27,817,000 shall remain tion expenses. serting ‘‘21 years’’; and available until expended for space alteration FEDERAL JUDICIAL CENTER (2) in the seventh sentence (related to the Dis- projects and for furniture and furnishings re- trict of Hawaii), by striking ‘‘17 years’’ and in- SALARIES AND EXPENSES lated to new space alteration and construction serting ‘‘18 years’’. projects. For necessary expenses of the Federal Judicial This title may be cited as the ‘‘Judiciary Ap- In addition, for expenses of the United States Center, as authorized by Public Law 90–219, propriations Act, 2012’’. $27,000,000; of which $1,800,000 shall remain Court of Federal Claims associated with proc- TITLE IV essing cases under the National Childhood Vac- available through September 30, 2013, to provide DISTRICT OF COLUMBIA cine Injury Act of 1986 (Public Law 99–660), not education and training to Federal court per- to exceed $5,000,000, to be appropriated from the sonnel; and of which not to exceed $1,500 is au- FEDERAL FUNDS thorized for official reception and representa- Vaccine Injury Compensation Trust Fund. FEDERAL PAYMENT FOR RESIDENT TUITION tion expenses. DEFENDER SERVICES SUPPORT JUDICIAL RETIREMENT FUNDS For the operation of Federal Defender organi- For a Federal payment to the District of Co- zations; the compensation and reimbursement of PAYMENT TO JUDICIARY TRUST FUNDS lumbia, to be deposited into a dedicated ac- expenses of attorneys appointed to represent For payment to the Judicial Officers’ Retire- count, for a nationwide program to be adminis- persons under 18 U.S.C. 3006A and 3599, and for ment Fund, as authorized by 28 U.S.C. 377(o), tered by the Mayor, for District of Columbia the compensation and reimbursement of ex- $86,968,000; to the Judicial Survivors’ Annuities resident tuition support, $30,000,000, to remain penses of persons furnishing investigative, ex- Fund, as authorized by 28 U.S.C. 376(c), available until expended: Provided, That such pert, and other services for such representations $12,600,000; and to the United States Court of funds, including any interest accrued thereon, as authorized by law; the compensation (in ac- Federal Claims Judges’ Retirement Fund, as au- may be used on behalf of eligible District of Co- cordance with the maximums under 18 U.S.C. thorized by 28 U.S.C. 178(l), $4,200,000. lumbia residents to pay an amount based upon 3006A) and reimbursement of expenses of attor- UNITED STATES SENTENCING COMMISSION the difference between in-State and out-of-State neys appointed to assist the court in criminal SALARIES AND EXPENSES tuition at public institutions of higher edu- cation, or to pay up to $2,500 each year at eligi- cases where the defendant has waived represen- For the salaries and expenses necessary to ble private institutions of higher education: Pro- tation by counsel; the compensation and reim- carry out the provisions of chapter 58 of title 28, vided further, That the awarding of such funds bursement of expenses of attorneys appointed to United States Code, $16,500,000, of which not to may be prioritized on the basis of a resident’s represent jurors in civil actions for the protec- exceed $1,000 is authorized for official reception academic merit, the income and need of eligible tion of their employment, as authorized by 28 and representation expenses. U.S.C. 1875(d)(1); the compensation and reim- students and such other factors as may be au- bursement of expenses of attorneys appointed ADMINISTRATIVE PROVISIONS—THE JUDICIARY thorized: Provided further, That the District of under 18 U.S.C. 983(b)(1) in connection with cer- (INCLUDING TRANSFER OF FUNDS) Columbia government shall maintain a dedi- tain judicial civil forfeiture proceedings; the SEC. 301. Appropriations and authorizations cated account for the Resident Tuition Support compensation and reimbursement of travel ex- made in this title which are available for sala- Program that shall consist of the Federal funds penses of guardians ad litem appointed under 18 ries and expenses shall be available for services appropriated to the Program in this Act and U.S.C. 4100(b); and for necessary training and as authorized by 5 U.S.C. 3109. any subsequent appropriations, any unobligated general administrative expenses, $1,031,000,000, SEC. 302. Not to exceed 5 percent of any ap- balances from prior fiscal years, and any inter- to remain available until expended. propriation made available for the current fiscal est earned in this or any fiscal year: Provided further, That the account shall be under the FEES OF JURORS AND COMMISSIONERS year for the Judiciary in this Act may be trans- ferred between such appropriations, but no such control of the District of Columbia Chief Finan- For fees and expenses of jurors as authorized appropriation, except ‘‘Courts of Appeals, Dis- cial Officer, who shall use those funds solely for by 28 U.S.C. 1871 and 1876; compensation of jury trict Courts, and Other Judicial Services, De- the purposes of carrying out the Resident Tui- commissioners as authorized by 28 U.S.C. 1863; fender Services’’ and ‘‘Courts of Appeals, Dis- tion Support Program: Provided further, That and compensation of commissioners appointed trict Courts, and Other Judicial Services, Fees of the Office of the Chief Financial Officer shall in condemnation cases pursuant to rule 71.1(h) Jurors and Commissioners’’, shall be increased provide a quarterly financial report to the Com- of the Federal Rules of Civil Procedure (28 by more than 10 percent by any such transfers: mittees on Appropriations of the House of Rep- U.S.C. Appendix Rule 71.1(h)), $51,908,000, to re- Provided, That any transfer pursuant to this resentatives and the Senate for these funds main available until expended: Provided, That section shall be treated as a reprogramming of showing, by object class, the expenditures made the compensation of land commissioners shall funds under sections 604 and 608 of this Act and and the purpose therefor. not exceed the daily equivalent of the highest shall not be available for obligation or expendi- rate payable under 5 U.S.C. 5332. FEDERAL PAYMENT FOR EMERGENCY PLANNING ture except in compliance with the procedures AND SECURITY COSTS IN THE DISTRICT OF CO- COURT SECURITY set forth in section 608. LUMBIA (INCLUDING TRANSFERS OF FUNDS) SEC. 303. Notwithstanding any other provision For a Federal payment of necessary expenses, For necessary expenses, not otherwise pro- of law, the salaries and expenses appropriation as determined by the Mayor of the District of vided for, incident to the provision of protective for ‘‘Courts of Appeals, District Courts, and Columbia in written consultation with the elect- guard services for United States courthouses Other Judicial Services’’ shall be available for ed county or city officials of surrounding juris- and other facilities housing Federal court oper- official reception and representation expenses of dictions, $14,900,000, to remain available until ations, and the procurement, installation, and the Judicial Conference of the United States: expended and in addition any funds that re- maintenance of security systems and equipment Provided, That such available funds shall not main available from prior year appropriations for United States courthouses and other facili- exceed $11,000 and shall be administered by the under this heading for the District of Columbia ties housing Federal court operations, including Director of the Administrative Office of the Government, for the costs of providing public building ingress-egress control, inspection of United States Courts in the capacity as Sec- safety at events related to the presence of the mail and packages, directed security patrols, pe- retary of the Judicial Conference. national capital in the District of Columbia, in- rimeter security, basic security services provided SEC. 304. Section 3314(a) of title 40, United cluding support requested by the Director of the by the Federal Protective Service, and other States Code, shall be applied by substituting United States Secret Service Division in carrying similar activities as authorized by section 1010 of ‘‘Federal’’ for ‘‘executive’’ each place it ap- out protective duties under the direction of the the Judicial Improvement and Access to Justice pears. Secretary of Homeland Security, and for the SEC. 305. In accordance with 28 U.S.C. 561– Act (Public Law 100–702), $500,000,000, of which costs of providing support to respond to imme- 569, and notwithstanding any other provision of not to exceed $15,000,000 shall remain available diate and specific terrorist threats or attacks in law, the United States Marshals Service shall until expended, to be expended directly or trans- the District of Columbia or surrounding jurisdic- provide, for such courthouses as its Director ferred to the United States Marshals Service, tions. which shall be responsible for administering the may designate in consultation with the Director FEDERAL PAYMENT TO THE DISTRICT OF Judicial Facility Security Program consistent of the Administrative Office of the United States COLUMBIA COURTS with standards or guidelines agreed to by the Courts, for purposes of a pilot program, the se- Director of the Administrative Office of the curity services that 40 U.S.C. 1315 authorizes the For salaries and expenses for the District of United States Courts and the Attorney General. Department of Homeland Security to provide, Columbia Courts, $232,841,000 to be allocated as except for the services specified in 40 U.S.C. follows: for the District of Columbia Court of ADMINISTRATIVE OFFICE OF THE UNITED STATES 1315(b)(2)(E). For building-specific security serv- Appeals, $12,830,000, of which not to exceed COURTS ices at these courthouses, the Director of the $2,500 is for official reception and representation SALARIES AND EXPENSES Administrative Office of the United States expenses; for the District of Columbia Superior For necessary expenses of the Administrative Courts shall reimburse the United States Mar- Court, $114,209,000, of which not to exceed $2,500 Office of the United States Courts as authorized shals Service rather than the Department of is for official reception and representation ex- by law, including travel as authorized by 31 Homeland Security. penses; for the District of Columbia Court Sys- U.S.C. 1345, hire of a passenger motor vehicle as SEC. 306. Section 203(c) of the Judicial Im- tem, $66,712,000, of which not to exceed $2,500 is authorized by 31 U.S.C. 1343(b), advertising and provements Act of 1990 (Public Law 101–650; 28 for official reception and representation ex- rent in the District of Columbia and elsewhere, U.S.C. 133 note), is amended— penses; and $39,090,000, to remain available

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until September 30, 2013, for capital improve- sion of law, all amounts under this heading DISTRICT OF COLUMBIA FUNDS ments for District of Columbia courthouse facili- shall be apportioned quarterly by the Office of ties: Provided, That funds made available for Management and Budget and obligated and ex- The following amounts are appropriated for capital improvements shall be expended con- pended in the same manner as funds appro- the District of Columbia for the current fiscal sistent with the District of Columbia Courts priated for salaries and expenses of other Fed- year out of the General Fund of the District of master plan study and building evaluation re- eral agencies: Provided further, That not less Columbia (‘‘General Fund’’), except as other- port: Provided further, That notwithstanding than $1,500,000 shall be available for re-entrant wise specifically provided: Provided, That not- any other provision of law, all amounts under housing in the District of Columbia: Provided withstanding any other provision of law, except this heading shall be apportioned quarterly by further, That the Director is authorized to ac- as provided in section 450A of the District of Co- the Office of Management and Budget and obli- cept and use gifts in the form of in-kind con- lumbia Home Rule Act, (114 Stat. 2440; D.C. Of- gated and expended in the same manner as tributions of space and hospitality to support ficial Code, section 1–204.50a) and provisions of funds appropriated for salaries and expenses of offender and defendant programs, and equip- this Act, the total amount appropriated in this other Federal agencies: Provided further, That ment and vocational training services to educate Act for operating expenses for the District of Co- 30 days after providing written notice to the and train offenders and defendants: Provided lumbia for fiscal year 2012 under this heading Committees on Appropriations of the House of further, That the Director shall keep accurate shall not exceed the lesser of the sum of the Representatives and the Senate, the District of and detailed records of the acceptance and use total revenues of the District of Columbia for Columbia Courts may reallocate not more than of any gift or donation under the previous pro- such fiscal year or $10,916,966,000 (of which $3,000,000 of the funds provided under this viso, and shall make such records available for $6,208,646,000 shall be from local funds, (includ- heading among the items and entities funded audit and public inspection: Provided further, ing $526,594,000 from dedicated taxes), under this heading but no such allocation shall That the Court Services and Offender Super- $1,015,449,000 shall be from Federal grant funds, be increased by more than 10 percent. vision Agency Director is authorized to accept $1,499,115,000 from Medicaid payments, and use reimbursement from the District of Co- $2,040,504,000 shall be from other funds, and FEDERAL PAYMENT FOR DEFENDER SERVICES IN $25,677,000 shall be from private funds, and DISTRICT OF COLUMBIA COURTS lumbia Government for space and services pro- vided on a cost reimbursable basis. $127,575,000 shall be from funds previously ap- (INCLUDING TRANSFER OF FUNDS) propriated in this Act as Federal payments: Pro- FEDERAL PAYMENT TO THE DISTRICT OF For payments authorized under section 11– vided further, That of the local funds, such COLUMBIA PUBLIC DEFENDER SERVICE 2604 and section 11–2605, D.C. Official Code (re- amounts as may be necessary may be derived lating to representation provided under the Dis- For salaries and expenses, including the from the District’s General Fund balance: Pro- trict of Columbia Criminal Justice Act), pay- transfer and hire of motor vehicles, of the Dis- vided further, That of these funds the District’s ments for counsel appointed in proceedings in trict of Columbia Public Defender Service, as intra-District authority shall be $619,632,000: in the Family Court of the Superior Court of the authorized by the National Capital Revitaliza- addition, for capital construction projects, an District of Columbia under chapter 23 of title 16, tion and Self-Government Improvement Act of increase of $4,007,501,000, of which $2,934,011,000 D.C. Official Code, or pursuant to contractual 1997, $37,241,000: Provided, That notwith- shall be from local funds, $223,858,000 from the agreements to provide guardian ad litem rep- standing any other provision of law, all District of Columbia Highway Trust Fund, resentation, training, technical assistance, and amounts under this heading shall be appor- $33,140,000 from the Local Transportation Fund, such other services as are necessary to improve tioned quarterly by the Office of Management $816,492,000 from Federal grant funds, and a re- the quality of guardian ad litem representation, and Budget and obligated and expended in the scission of $2,849,882,000 of which $1,796,345,000 payments for counsel appointed in adoption same manner as funds appropriated for salaries shall be from local funds, $749,426,000 from Fed- proceedings under chapter 3 of title 16, D.C. Of- and expenses of Federal agencies. eral grant funds, $252,694,000 from the District ficial Code, and payments authorized under sec- FEDERAL PAYMENT TO THE DISTRICT OF of Columbia Highway Trust Fund, and tion 21–2060, D.C. Official Code (relating to COLUMBIA WATER AND SEWER AUTHORITY $51,416,000 from the Local Transportation Fund services provided under the District of Columbia appropriated under this heading in prior fiscal For a Federal payment to the District of Co- Guardianship, Protective Proceedings, and Du- years, for a net amount of $1,157,619,000, to re- lumbia Water and Sewer Authority, $15,000,000, rable Power of Attorney Act of 1986), main available until expended: Provided fur- to remain available until expended, to continue $55,000,000, to remain available until expended: ther, That the amounts provided under this implementation of the Combined Sewer Overflow Provided, That funds provided under this head- heading are to be available, allocated, and ex- Long-Term Plan: Provided, That the District of ing shall be administered by the Joint Committee pended as proposed under title III of the Fiscal Columbia Water and Sewer Authority provides a on Judicial Administration in the District of Co- Year 2012 Budget Request Act of 2011, at the 100 percent match for this payment. lumbia: Provided further, That notwithstanding rate set forth under ‘‘District of Columbia any other provision of law, this appropriation FEDERAL PAYMENT TO THE CRIMINAL JUSTICE Funds Division of Expenses’’ as included in the shall be apportioned quarterly by the Office of COORDINATING COUNCIL Fiscal Year 2012 Proposed Budget and Financial Management and Budget and obligated and ex- For a Federal payment to the Criminal Justice Plan submitted to the Congress by the District of pended in the same manner as funds appro- Coordinating Council, $1,800,000, to remain Columbia: Provided further, That this amount priated for expenses of other Federal agencies: available until expended, to support initiatives may be increased by proceeds of one-time trans- Provided further, That not more than related to the coordination of Federal and local actions, which are expended for emergency or $10,000,000 of the funds provided in this account criminal justice resources in the District of Co- unanticipated operating or capital needs: Pro- may be transferred to, and merged with, funds lumbia. vided further, That such increases shall be ap- made available under the heading ‘‘Federal proved by enactment of local District law and FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS Payment to the District of Columbia Courts’’ for shall comply with all reserve requirements con- District of Columbia courthouse facilities. For a Federal payment, to remain available tained in the District of Columbia Home Rule until September 30, 2013, to the Commission on FEDERAL PAYMENT TO THE COURT SERVICES AND Act: Provided further, That the Chief Financial Judicial Disabilities and Tenure, $295,000, and OFFENDER SUPERVISION AGENCY FOR THE DIS- Officer of the District of Columbia shall take for the Judicial Nomination Commission, TRICT OF COLUMBIA such steps as are necessary to assure that the $205,000. District of Columbia meets these requirements, For salaries and expenses, including the FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT including the apportioning by the Chief Finan- transfer and hire of motor vehicles, of the Court For a Federal payment for a school improve- cial Officer of the appropriations and funds Services and Offender Supervision Agency for made available to the District during fiscal year the District of Columbia, as authorized by the ment program in the District of Columbia, $60,000,000, to remain available until expended, 2012, except that the Chief Financial Officer National Capital Revitalization and Self-Gov- may not reprogram for operating expenses any ernment Improvement Act of 1997, $212,983,000, for payments authorized under the Scholarship for Opportunity and Results Act (division C of funds derived from bonds, notes, or other obliga- of which not to exceed $2,000 is for official re- tions issued for capital projects. ception and representation expenses related to Public Law 112–10). Community Supervision and Pretrial Services FEDERAL PAYMENT FOR THE DISTRICT OF This title may be cited as the ‘‘District of Co- Agency programs; of which not to exceed $25,000 COLUMBIA NATIONAL GUARD lumbia Appropriations Act, 2012’’. is for dues and assessments relating to the im- For a Federal payment to the District of Co- TITLE V plementation of the Court Services and Offender lumbia National Guard, $375,000, to remain Supervision Agency Interstate Supervision Act available until expended for the Major General INDEPENDENT AGENCIES of 2002; of which $1,000,000 shall remain avail- David F. Wherley, Jr. District of Columbia Na- able until September 30, 2014 for relocation of ADMINISTRATIVE CONFERENCE OF THE UNITED tional Guard Retention and College Access Pro- STATES the Pretrial Services Agency drug testing labora- gram. tory; of which $153,548,000 shall be for necessary SALARIES AND EXPENSES expenses of Community Supervision and Sex Of- FEDERAL PAYMENT FOR TESTING AND TREATMENT fender Registration, to include expenses relating OF HIV/AIDS For necessary expenses of the Administrative to the supervision of adults subject to protection For a Federal payment to the District of Co- Conference of the United States, authorized by orders or the provision of services for or related lumbia for the testing of individuals for, and the 5 U.S.C. 591 et seq., $2,900,000, to remain avail- to such persons; of which $59,435,000 shall be treatment of individuals with, human immuno- able until September 30, 2013, of which not to ex- available to the Pretrial Services Agency: Pro- deficiency virus and acquired immunodeficiency ceed $1,000 is for official reception and represen- vided, That notwithstanding any other provi- syndrome in the District of Columbia, $5,000,000. tation expenses.

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CHRISTOPHER COLUMBUS FELLOWSHIP $11,500,000, of which $2,750,000 shall be trans- (not to exceed $1,500) and rental of conference FOUNDATION ferred to the National Institute of Standards rooms in the District of Columbia and elsewhere, SALARIES AND EXPENSES and Technology for election reform activities $24,723,000: Provided, That public members of authorized under the Help America Vote Act of the Federal Service Impasses Panel may be paid For payment to the Christopher Columbus 2002, and of which $1,250,000 shall be for the Of- travel expenses and per diem in lieu of subsist- Fellowship Foundation, established by section fice of Inspector General. ence as authorized by law (5 U.S.C. 5703) for 423 of Public Law 102–281, $450,000, to remain persons employed intermittently in the Govern- available until expended. FEDERAL COMMUNICATIONS COMMISSION ment service, and compensation as authorized SALARIES AND EXPENSES CONSUMER PRODUCT SAFETY COMMISSION by 5 U.S.C. 3109: Provided further, That not- SALARIES AND EXPENSES For necessary expenses of the Federal Commu- withstanding 31 U.S.C. 3302, funds received from nications Commission, as authorized by law, in- For necessary expenses of the Consumer Prod- fees charged to non-Federal participants at cluding uniforms and allowances therefor, as uct Safety Commission, including hire of pas- labor-management relations conferences shall be authorized by 5 U.S.C. 5901–5902; not to exceed senger motor vehicles, services as authorized by credited to and merged with this account, to be $4,000 for official reception and representation 5 U.S.C. 3109, but at rates for individuals not to available without further appropriation for the expenses; purchase and hire of motor vehicles; exceed the per diem rate equivalent to the max- costs of carrying out these conferences. special counsel fees; and services as authorized imum rate payable under 5 U.S.C. 5376, pur- FEDERAL TRADE COMMISSION by 5 U.S.C. 3109, $339,844,000: Provided, That chase of nominal awards to recognize non-Fed- SALARIES AND EXPENSES $339,844,000 of offsetting collections shall be as- eral officials’ contributions to Commission ac- sessed and collected pursuant to section 9 of For necessary expenses of the Federal Trade tivities, and not to exceed $4,000 for official re- title I of the Communications Act of 1934, shall Commission, including uniforms or allowances ception and representation expenses, be retained and used for necessary expenses in therefor, as authorized by 5 U.S.C. 5901–5902; $114,500,000, of which $500,000 shall remain this appropriation, and shall remain available services as authorized by 5 U.S.C. 3109; hire of available until September 30, 2013, to implement passenger motor vehicles; and not to exceed until expended: Provided further, That the sum the Virginia Graeme Baker Pool and Spa Safety $2,000 for official reception and representation herein appropriated shall be reduced as such Act grant program as provided by section 1405 of expenses, $311,563,000, to remain available until offsetting collections are received during fiscal Public Law 100–140 (15 U.S.C. 8004). expended: Provided, That not to exceed $300,000 year 2012 so as to result in a final fiscal year shall be available for use to contract with a per- ADMINISTRATIVE PROVISIONS—CONSUMER 2012 appropriation estimated at $0: Provided son or persons for collection services in accord- PRODUCT SAFETY COMMISSION further, That any offsetting collections received ance with the terms of 31 U.S.C. 3718: Provided SEC. 501. Section 4(g) of the Consumer Product in excess of $339,844,000 in fiscal year 2012 shall further, That, notwithstanding any other provi- Safety Act (15 U.S.C. 2053(g)) is amended by not be available for obligation: Provided fur- sion of law, not to exceed $108,000,000 of offset- adding at the end the following: ther, That remaining offsetting collections from ‘‘(5) The Chairman may provide to officers ting collections derived from fees collected for prior years collected in excess of the amount premerger notification filings under the Hart- and employees of the Commission who are ap- specified for collection in each such year and Scott-Rodino Antitrust Improvements Act of pointed or assigned by the Commission to serve otherwise becoming available on October 1, 2011, 1976 (15 U.S.C. 18a), regardless of the year of abroad (as defined in section 102 of the Foreign shall not be available for obligation: Provided collection, shall be retained and used for nec- Service Act of 1980 (22 U.S.C. 3902)) travel bene- further, That notwithstanding 47 U.S.C. essary expenses in this appropriation: Provided fits similar to those authorized for members of 309(j)(8)(B), proceeds from the use of a competi- further, That, notwithstanding any other provi- the Foreign Service of the United Service under tive bidding system that may be retained and sion of law, not to exceed $21,000,000 in offset- chapter 9 of such Act (22 U.S.C. 4081 et seq.).’’. made available for obligation shall not exceed ting collections derived from fees sufficient to SEC. 502. (a) EXTENSION OF GRANT PRO- $85,000,000 for fiscal year 2012: Provided further, implement and enforce the Telemarketing Sales GRAM.—Section 1405(e) of the Virginia Graeme That of the amount appropriated under this Rule, promulgated under the Telemarketing and Baker Pool and Spa Safety Act (15 U.S.C. heading, not less than $9,750,000 shall be for the Consumer Fraud and Abuse Prevention Act (15 8004(e)) is amended by striking ‘‘2011’’ and in- salaries and expenses of the Office of Inspector U.S.C. 6101 et seq.), shall be credited to this ac- serting ‘‘2012’’. General. count, and be retained and used for necessary (b) NEW SWIMMING POOLS.—Section 1405(b) of ADMINISTRATIVE PROVISIONS—FEDERAL expenses in this appropriation: Provided fur- the Virginia Graeme Baker Pool and Spa Safety COMMUNICATIONS COMMISSION ther, That the sum herein appropriated from the Act (15 U.S.C. 8004(b)) is amended by inserting general fund shall be reduced as such offsetting ‘‘constructed after the date that is 6 months SEC. 510. Section 302 of the Universal Service Antideficiency Temporary Suspension Act is collections are received during fiscal year 2012, after the date of enactment of the Financial so as to result in a final fiscal year 2012 appro- Services and General Government Appropria- amended by striking ‘‘December 31, 2011’’, each place it appears and inserting ‘‘December 31, priation from the general fund estimated at not tions Act, 2012’’ after ‘‘swimming pools’’. more than $182,563,000: Provided further, That SEC. 503. Not later than 1 year after the date 2013’’. SEC. 511. None of the funds appropriated by none of the funds made available to the Federal of the enactment of this Act, the Comptroller Trade Commission may be used to implement General of the United States shall conduct an this Act may be used by the Federal Commu- nications Commission to modify, amend, or subsection (e)(2)(B) of section 43 of the Federal analysis of the potential safety risks associated Deposit Insurance Act (12 U.S.C. 1831t). with new and emerging consumer products, in- change its rules or regulations for universal GENERAL SERVICES ADMINISTRATION cluding chemicals and other materials used in service support payments to implement the Feb- their manufacture, taking into account the abil- ruary 27, 2004 recommendations of the Federal- REAL PROPERTY ACTIVITIES ity and authority of the Consumer Product State Joint Board on Universal Service regard- FEDERAL BUILDINGS FUND Safety Commission— ing single connection or primary line restrictions LIMITATIONS ON AVAILABILITY OF REVENUE on universal service support payments. (1) to identify, assess, and address such risks Amounts in the Fund, including revenues and in a timely manner; and FEDERAL DEPOSIT INSURANCE CORPORATION collections deposited into the Fund shall be (2) to keep abreast of the effects of new and OFFICE OF THE INSPECTOR GENERAL available for necessary expenses of real property emerging consumer products on public health For necessary expenses of the Office of In- management and related activities not otherwise and safety. spector General in carrying out the provisions of provided for, including operation, maintenance, SEC. 504. Not later than 150 days after the the Inspector General Act of 1978, $45,261,000, to and protection of federally owned and leased date of the enactment of this Act, the Comp- be derived from the Deposit Insurance Fund or, buildings; rental of buildings in the District of troller General of the United States shall con- only when appropriate, the FSLIC Resolution Columbia; restoration of leased premises; moving duct an analysis of— Fund. governmental agencies (including space adjust- (1) the extent to which manufacturers comply ments and telecommunications relocation ex- with voluntary industry standards for consumer FEDERAL ELECTION COMMISSION penses) in connection with the assignment, allo- products, particularly with respect to inexpen- SALARIES AND EXPENSES cation and transfer of space; contractual serv- sive, imported products; For necessary expenses to carry out the provi- ices incident to cleaning or servicing buildings, (2) whether there are consequences for such sions of the Federal Election Campaign Act of and moving; repair and alteration of federally manufacturers for failing to comply with such 1971, $66,367,000, of which not to exceed $5,000 owned buildings including grounds, approaches standards; shall be available for reception and representa- and appurtenances; care and safeguarding of (3) whether the Consumer Product Safety tion expenses. sites; maintenance, preservation, demolition, Commission has the authority and the ability to and equipment; acquisition of buildings and FEDERAL LABOR RELATIONS AUTHORITY require compliance with such standards; and sites by purchase, condemnation, or as other- (4) whether there are patterns of non-compli- SALARIES AND EXPENSES wise authorized by law; acquisition of options to ance with such standards among certain types For necessary expenses to carry out functions purchase buildings and sites; conversion and ex- of products or certain types of manufacturers. of the Federal Labor Relations Authority, pur- tension of federally owned buildings; prelimi- ELECTION ASSISTANCE COMMISSION suant to Reorganization Plan Numbered 2 of nary planning and design of projects by con- 1978, and the Civil Service Reform Act of 1978, tract or otherwise; construction of new buildings SALARIES AND EXPENSES including services authorized by 5 U.S.C. 3109, (including equipment for such buildings); and (INCLUDING TRANSFER OF FUNDS) and including hire of experts and consultants, payment of principal, interest, and any other For necessary expenses to carry out the Help hire of passenger motor vehicles, and including obligations for public buildings acquired by in- America Vote Act of 2002 (Public Law 107–252), official reception and representation expenses stallment purchase and purchase contract; in

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the aggregate amount of $8,017,967,000, of Provided further, That revenues and collections ADMINISTRATIVE PROVISIONS—GENERAL which: (1) $50,000,000 shall remain available and any other sums accruing to this Fund dur- SERVICES ADMINISTRATION until expended for construction and acquisition ing fiscal year 2012, excluding reimbursements (INCLUDING TRANSFERS OF FUNDS AND (including funds for sites and expenses, and as- under 40 U.S.C. 592(b)(2) in excess of the aggre- RESCISSION) sociated design and construction services): Pro- gate new obligational authority authorized for SEC. 520. Funds available to the General Serv- vided, That the General Services Administration Real Property Activities of the Federal Build- ices Administration shall be available for the shall submit a detailed plan, by project, regard- ings Fund in this Act shall remain in the Fund hire of passenger motor vehicles. ing the use of funds to the Committees on Ap- and shall not be available for expenditure ex- SEC. 521. Funds in the Federal Buildings propriations of the House of Representatives cept as authorized in appropriations Acts. Fund made available for fiscal year 2012 for and the Senate within 30 days of enactment of GENERAL ACTIVITIES Federal Buildings Fund activities may be trans- this section and will provide notification to the ferred between such activities only to the extent Committees within 15 days prior to any changes GOVERNMENT-WIDE POLICY necessary to meet program requirements: Pro- regarding the use of these funds; (2) $280,000,000 For expenses authorized by law, not otherwise vided, That any proposed transfers shall be ap- shall remain available until expended for re- provided for, for Government-wide policy and proved in advance to the Committees on Appro- pairs and alterations, which includes associated evaluation activities associated with the man- priations of the House of Representatives and design and construction services, of which agement of real and personal property assets the Senate. $260,000,000 is for Basic Repairs and Alterations and certain administrative services; Govern- SEC. 522. Except as otherwise provided in this and $20,000,000 is for a Judiciary Capital Secu- ment-wide policy support responsibilities relat- title, funds made available by this Act shall be rity program: Provided further, That funds ing to acquisition, telecommunications, informa- used to transmit a fiscal year 2013 request for made available in this or any previous Act in tion technology management, and related tech- United States Courthouse construction only if the Federal Buildings Fund for Repairs and Al- nology activities; and services as authorized by the request: (1) meets the design guide standards terations shall, for prospectus projects, be lim- 5 U.S.C. 3109; $61,115,000. ited to the amount identified for each project, for construction as established and approved by OPERATING EXPENSES except each project in this or any previous Act the General Services Administration, the Judi- may be increased by an amount not to exceed 10 For expenses authorized by law, not otherwise cial Conference of the United States, and the percent unless advance approval is obtained provided for, for Government-wide activities as- Office of Management and Budget; (2) reflects from the Committees on Appropriations of a sociated with utilization and donation of sur- the priorities of the Judicial Conference of the greater amount: Provided further, That addi- plus personal property; disposal of real prop- United States as set out in its approved 5-year tional projects for which prospectuses have been erty; agency-wide policy direction, management, construction plan; and (3) includes a standard- fully approved may be funded under this cat- and communications; the Civilian Board of Con- ized courtroom utilization study of each facility egory only if advance approval is obtained from tract Appeals; services as authorized by 5 U.S.C. to be constructed, replaced, or expanded. the Committees on Appropriations: Provided 3109; and not to exceed $7,500 for official recep- SEC. 523. None of the funds provided in this further, That the amounts provided in this or tion and representation expenses; $69,500,000. Act may be used to increase the amount of occu- piable square feet, provide cleaning services, se- any prior Act for ‘‘Repairs and Alterations’’ OFFICE OF INSPECTOR GENERAL may be used to fund costs associated with imple- curity enhancements, or any other service usu- menting security improvements to buildings nec- For necessary expenses of the Office of In- ally provided through the Federal Buildings essary to meet the minimum standards for secu- spector General and service authorized by 5 Fund, to any agency that does not pay the rate rity in accordance with current law and in com- U.S.C. 3109, $58,000,000: Provided, That not to per square foot assessment for space and serv- pliance with the reprogramming guidelines of exceed $15,000 shall be available for payment for ices as determined by the General Services Ad- the appropriate Committees of the House and information and detection of fraud against the ministration in consideration of the Public Senate: Provided further, That the difference Government, including payment for recovery of Buildings Amendments Act of 1972 (Public Law between the funds appropriated and expended stolen Government property: Provided further, 92–313). on any projects in this or any prior Act, under That not to exceed $2,500 shall be available for SEC. 524. From funds made available under the heading ‘‘Repairs and Alterations’’, may be awards to employees of other Federal agencies the heading ‘‘Federal Buildings Fund, Limita- transferred to Basic Repairs and Alterations or and private citizens in recognition of efforts and tions on Availability of Revenue’’, claims used to fund authorized increases in prospectus initiatives resulting in enhanced Office of In- against the Government of less than $250,000 projects: Provided further, That all funds for re- spector General effectiveness. arising from direct construction projects and ac- pairs and alterations prospectus projects shall ELECTRONIC GOVERNMENT FUND quisition of buildings may be liquidated from savings effected in other construction projects expire on September 30, 2013 and remain in the (INCLUDING TRANSFER OF FUNDS) Federal Buildings Fund except funds for with prior notification to the Committees on Ap- projects as to which funds for design or other For necessary expenses in support of inter- propriations of the House of Representatives funds have been obligated in whole or in part agency projects that enable the Federal Govern- and the Senate. prior to such date: Provided further, That the ment to expand its ability to conduct activities SEC. 525. In any case in which the Committee amount provided in this or any prior Act for electronically, through the development and im- on Transportation and Infrastructure of the Basic Repairs and Alterations may be used to plementation of innovative uses of the Internet House of Representatives and the Committee on pay claims against the Government arising from and other electronic methods, $12,400,000, to re- Environment and Public Works of the Senate any projects under the heading ‘‘Repairs and main available until expended: Provided, That adopt a resolution granting lease authority pur- Alterations’’ or used to fund authorized in- these funds may be transferred to Federal agen- suant to a prospectus transmitted to Congress creases in prospectus projects; (3) $126,801,000 cies to carry out the purpose of the Fund: Pro- by the Administrator of the General Services Ad- for installment acquisition payments including vided further, That this transfer authority shall ministration under 40 U.S.C. 3307, the Adminis- payments on purchase contracts which shall re- be in addition to any other transfer authority trator shall ensure that the delineated area of main available until expended; (4) $5,210,198,000 provided in this Act: Provided further, That procurement is identical to the delineated area for rental of space which shall remain available such transfers may not be made until 10 days included in the prospectus for all lease agree- until expended; and (5) $2,350,968,000 for build- after a proposed spending plan and explanation ments, except that, if the Administrator deter- ing operations which shall remain available for each project to be undertaken has been sub- mines that the delineated area of the procure- until expended: Provided further, That funds mitted to the Committees on Appropriations of ment should not be identical to the delineated available to the General Services Administration the House of Representatives and the Senate. area included in the prospectus, the Adminis- shall not be available for expenses of any con- ALLOWANCES AND OFFICE STAFF FOR FORMER trator shall provide an explanatory statement to struction, repair, alteration and acquisition PRESIDENTS each of such committees and the Committees on project for which a prospectus, if required by 40 For carrying out the provisions of the Act of Appropriations of the House of Representatives U.S.C. 3307(a), has not been approved, except August 25, 1958 (3 U.S.C. 102 note), and Public and the Senate prior to exercising any lease au- that necessary funds may be expended for each Law 95–138, $3,671,000. thority provided in the resolution. project for required expenses for the develop- SEC. 526. Section 1703 of title 41 U.S.C. is ment of a proposed prospectus: Provided fur- FEDERAL CITIZEN SERVICES FUND amended in paragraph (i)(6) by: ther, That funds available in the Federal Build- For necessary expenses of the Office of Citizen (1) deleting ‘‘for training’’; and ings Fund may be expended for emergency re- Services and Innovative Technologies, including (2) deleting ‘‘paragraph (2)’’ and inserting in pairs when advance approval is obtained from services authorized by 5 U.S.C. 3109, $34,100,000, lieu thereof ‘‘subparagraphs (A) and (C) to (J) the Committees on Appropriations: Provided to be deposited into the Federal Citizen Services of section 1122(a)(5) of this title’’. further, That amounts necessary to provide re- Fund: Provided, That the appropriations, reve- SEC. 527. Of the amounts made available imbursable special services to other agencies nues, and collections deposited into the Fund under the heading ‘‘Policy and Operations’’ for under 40 U.S.C. 592(b)(2) and amounts to pro- shall be available for necessary expenses of Fed- the maintenance, protection, and disposal of the vide such reimbursable fencing, lighting, guard eral Citizen Services activities in the aggregate U.S. Coast Guard Service Center at Governor’s booths, and other facilities on private or other amount not to exceed $90,000,000. Appropria- Island, New York and the Lorton Correctional property not in Government ownership or con- tions, revenues, and collections accruing to this Facility in Lorton, Virginia in prior years trol as may be appropriate to enable the United Fund during fiscal year 2012 in excess of such whether appropriated directly to the General States Secret Service to perform its protective amount shall remain in the Fund and shall not Services Administration (GSA) or to any other functions pursuant to 18 U.S.C. 3056, shall be be available for expenditure except as author- agency of the Government and received by GSA available from such revenues and collections: ized in appropriations Acts. for such purpose, $4,600,000 are rescinded.

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SEC. 528. Within 120 days of enactment, the OFFICE OF INSPECTOR GENERAL ary 9, 1953, as amended; and payment of per General Services Administration shall submit a For necessary expenses of the Office of In- diem and/or subsistence allowances to employees detailed report to the Committees on Appropria- spector General in carrying out the provisions of where Voting Rights Act activities require an tions of the House of Representatives and the the Inspector General Reform Act of 2008, Public employee to remain overnight at his or her post Senate that describes each program, project, or Law 110–409, 122 Stat. 4302–16 (2008), and the of duty, $97,774,000, of which $6,004,000 shall re- activity that is funded by appropriations to Inspector General Act of 1978 (5 U.S.C. App.), main available until expended for the Enterprise General Services Administration but is not and for the hire of passenger motor vehicles, Human Resources Integration project, of which under the control or direction, in statute or in $4,100,000. $642,000 may be for strengthening the capacity practice, of the Administrator of General Serv- and capabilities of the acquisition workforce (as REPAIRS AND RESTORATION ices. defined by the Office of Federal Procurement For the repair, alteration, and improvement of HARRY S TRUMAN SCHOLARSHIP FOUNDATION Policy Act, as amended (41 U.S.C. 4001 et seq.)), archives facilities, and to provide adequate stor- including the recruitment, hiring, training, and SALARIES AND EXPENSES age for holdings, $9,100,000, to remain available retention of such workforce and information For payment to the Harry S Truman Scholar- until expended: Provided, That from amounts technology in support of acquisition workforce ship Foundation Trust Fund, established by sec- made available for the Military Personnel effectiveness or for management solutions to im- tion 10 of Public Law 93–642, $748,000, to remain Records Center requirement study under this prove acquisition management, and of which available until expended. heading in Public Law 108–199, the remaining $1,416,000 shall remain available until expended MERIT SYSTEMS PROTECTION BOARD unobligated balances shall be available to imple- for the Human Resources Line of Business SALARIES AND EXPENSES ment the National Archives and Records Admin- project; and in addition $112,516,000 for adminis- istration Capital Improvement Plan: Provided trative expenses, to be transferred from the ap- (INCLUDING TRANSFER OF FUNDS) further, That from amounts made available propriate trust funds of OPM without regard to For necessary expenses to carry out functions under this heading in Public Law 111–8 for con- other statutes, including direct procurement of of the Merit Systems Protection Board pursuant struction costs and related services for building printed materials, for the retirement and insur- to Reorganization Plan Numbered 2 of 1978, the the addition to the John F. Kennedy Presi- ance programs: Provided, That the provisions of Civil Service Reform Act of 1978, and the Whis- dential Library and Museum and other nec- this appropriation shall not affect the authority tleblower Protection Act of 1989 (5 U.S.C. 5509 essary expenses, including renovating the Li- to use applicable trust funds as provided by sec- note), including services as authorized by 5 brary as needed in constructing the addition, tions 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, U.S.C. 3109, rental of conference rooms in the the remaining unobligated balances shall be United States Code: Provided further, That no District of Columbia and elsewhere, hire of pas- available to implement the National Archives part of this appropriation shall be available for senger motor vehicles, direct procurement of sur- and Records Administration Capital Improve- salaries and expenses of the Legal Examining vey printing, and not to exceed $2,000 for offi- ment Plan. Unit of OPM established pursuant to Executive cial reception and representation expenses, NATIONAL HISTORICAL PUBLICATIONS AND Order No. 9358 of July 1, 1943, or any successor $40,258,000, to remain available until September RECORDS COMMISSION unit of like purpose: Provided further, That the 30, 2013, together with not to exceed $2,345,000, President’s Commission on White House Fel- GRANTS PROGRAM to remain available until September 30, 2013, for lows, established by Executive Order No. 11183 administrative expenses to adjudicate retirement For necessary expenses for allocations and of October 3, 1964, may, during fiscal year 2012, appeals to be transferred from the Civil Service grants for historical publications and records as accept donations of money, property, and per- Retirement and Disability Fund in amounts de- authorized by 44 U.S.C. 2504, $5,000,000, to re- sonal services: Provided further, That such do- termined by the Merit Systems Protection Board. main available until expended. nations, including those from prior years, may MORRIS K. UDALL AND STEWART L. UDALL NATIONAL CREDIT UNION ADMINISTRATION be used for the development of publicity mate- FOUNDATION CENTRAL LIQUIDITY FACILITY rials to provide information about the White MORRIS K. UDALL AND STEWART L. UDALL TRUST During fiscal year 2012, gross obligations of House Fellows, except that no such donations FUND the Central Liquidity Facility for the principal shall be accepted for travel or reimbursement of For payment to the Morris K. Udall and Stew- amount of new direct loans to member credit travel expenses, or for the salaries of employees art L. Udall Trust Fund, pursuant to the Morris unions, as authorized by 12 U.S.C. 1795 et seq., of such Commission. K. Udall and Stewart L. Udall Foundation Act shall be the amount authorized by section OFFICE OF INSPECTOR GENERAL (20 U.S.C. 5601 et seq.), $2,200,000, to remain 307(a)(4)(A) of the Federal Credit Union Act (12 SALARIES AND EXPENSES available until expended, of which, notwith- U.S.C. 1795f(a)(4)(A)): Provided, That adminis- (INCLUDING TRANSFER OF TRUST FUNDS) standing sections 8 and 9 of such Act: (1) up to trative expenses of the Central Liquidity Facil- For necessary expenses of the Office of In- $50,000 shall be used to conduct financial audits ity in fiscal year 2012 shall not exceed $1,250,000. spector General in carrying out the provisions of pursuant to the Accountability of Tax Dollars COMMUNITY DEVELOPMENT REVOLVING LOAN the Inspector General Act of 1978, including Act of 2002 (Public Law 107–289); and (2) up to FUND services as authorized by 5 U.S.C. 3109, hire of $1,000,000 shall be available to carry out the ac- For the Community Development Revolving passenger motor vehicles, $3,142,000, and in ad- tivities authorized by section 6(7) of Public Law dition, not to exceed $21,174,000 for administra- 102–259 (20 U.S.C. 5604(7)). Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000 shall be available tive expenses to audit, investigate, and provide ENVIRONMENTAL DISPUTE RESOLUTION FUND until September 30, 2013 for technical assistance other oversight of the Office of Personnel Man- For payment to the Environmental Dispute to low-income designated credit unions. agement’s retirement and insurance programs, Resolution Fund to carry out activities author- to be transferred from the appropriate trust OFFICE OF GOVERNMENT ETHICS ized in the Environmental Policy and Conflict funds of the Office of Personnel Management, Resolution Act of 1998, $3,792,000, to remain SALARIES AND EXPENSES as determined by the Inspector General: Pro- available until expended. For necessary expenses to carry out functions vided, That the Inspector General is authorized NATIONAL ARCHIVES AND RECORDS of the Office of Government Ethics pursuant to to rent conference rooms in the District of Co- ADMINISTRATION the Ethics in Government Act of 1978, and the lumbia and elsewhere. Ethics Reform Act of 1989, including services as OPERATING EXPENSES GOVERNMENT PAYMENT FOR ANNUITANTS, authorized by 5 U.S.C. 3109, rental of conference EMPLOYEES HEALTH BENEFITS (INCLUDING TRANSFER OF FUNDS) rooms in the District of Columbia and elsewhere, For payment of Government contributions For necessary expenses in connection with the hire of passenger motor vehicles, and not to ex- with respect to retired employees, as authorized administration of the National Archives and ceed $1,500 for official reception and representa- by chapter 89 of title 5, United States Code, and Records Administration (including the Informa- tion expenses, $13,664,000. the Retired Federal Employees Health Benefits tion Security Oversight Office) and archived OFFICE OF PERSONNEL MANAGEMENT Act (74 Stat. 849), such sums as may be nec- Federal records and related activities, as pro- SALARIES AND EXPENSES essary. vided by law, and for expenses necessary for the GOVERNMENT PAYMENT FOR ANNUITANTS, review and declassification of documents and (INCLUDING TRANSFER OF TRUST FUNDS) EMPLOYEE LIFE INSURANCE the activities of the Public Interest Declassifica- For necessary expenses to carry out functions tion Board, and for necessary expenses in con- of the Office of Personnel Management (OPM) For payment of Government contributions nection with the operations and maintenance of pursuant to Reorganization Plan Numbered 2 of with respect to employees retiring after Decem- the electronic records archives to include all di- 1978 and the Civil Service Reform Act of 1978, ber 31, 1989, as required by chapter 87 of title 5, rect project costs associated with research, pro- including services as authorized by 5 U.S.C. United States Code, such sums as may be nec- gram management, and corrective and adaptive 3109; medical examinations performed for vet- essary. software maintenance, and for the hire of pas- erans by private physicians on a fee basis; rent- PAYMENT TO CIVIL SERVICE RETIREMENT AND senger motor vehicles, and for uniforms or al- al of conference rooms in the District of Colum- DISABILITY FUND lowances therefor, as authorized by law (5 bia and elsewhere; hire of passenger motor vehi- For financing the unfunded liability of new U.S.C. 5901 et seq.), including maintenance, re- cles; not to exceed $2,500 for official reception and increased annuity benefits becoming effec- pairs, and cleaning, $373,300,000: Provided, That and representation expenses; advances for reim- tive on or after October 20, 1969, as authorized all remaining balances appropriated in prior fis- bursements to applicable funds of OPM and the by 5 U.S.C. 8348, and annuities under special cal years under the heading ‘‘Electronic Records Federal Bureau of Investigation for expenses in- Acts to be credited to the Civil Service Retire- Archives’’ shall be transferred to this account. curred under Executive Order No. 10422 of Janu- ment and Disability Fund, such sums as may be

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.036 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9040 CONGRESSIONAL RECORD — HOUSE December 15, 2011 necessary: Provided, That annuities authorized penses of this account: Provided further, That of guaranteed loans as authorized by section by the Act of May 29, 1944, and the Act of Au- the total amount appropriated under this head- 7(a) of the Small Business Act (Public Law 85– gust 19, 1950 (33 U.S.C. 771–775), may hereafter ing from the general fund for fiscal year 2012 536) and section 503 of the Small Business In- be paid out of the Civil Service Retirement and shall be reduced as such offsetting fees are re- vestment Act of 1958 (Public Law 85–699), Disability Fund. ceived so as to result in a final total fiscal year $207,100,000, to remain available until expended: OFFICE OF SPECIAL COUNSEL 2012 appropriation from the general fund esti- Provided, That such costs, including the cost of mated at not more than $0. modifying such loans, shall be as defined in sec- SALARIES AND EXPENSES SELECTIVE SERVICE SYSTEM tion 502 of the Congressional Budget Act of 1974: For necessary expenses to carry out functions SALARIES AND EXPENSES Provided further, That subject to section 502 of of the Office of Special Counsel pursuant to Re- the Congressional Budget Act of 1974, during organization Plan Numbered 2 of 1978, the Civil For necessary expenses of the Selective Service System, including expenses of attendance at fiscal year 2012 commitments to guarantee loans Service Reform Act of 1978 (Public Law 95–454), under section 503 of the Small Business Invest- the Whistleblower Protection Act of 1989 (Public meetings and of training for uniformed per- sonnel assigned to the Selective Service System, ment Act of 1958 shall not exceed $7,500,000,000: Law 101–12), Public Law 107–304, and the Uni- Provided further, That during fiscal year 2012 formed Services Employment and Reemployment as authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase of uniforms, or allowances commitments for general business loans author- Rights Act of 1994 (Public Law 103–353), includ- ized under section 7(a) of the Small Business Act ing services as authorized by 5 U.S.C. 3109, pay- therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; services as au- shall not exceed $17,500,000,000 for a combina- ment of fees and expenses for witnesses, rental tion of amortizing term loans and the aggre- of conference rooms in the District of Columbia thorized by 5 U.S.C. 3109; and not to exceed $750 for official reception and representation ex- gated maximum line of credit provided by re- and elsewhere, and hire of passenger motor ve- volving loans: Provided further, That during fis- hicles; $18,972,000. penses; $23,984,000: Provided, That during the current fiscal year, the President may exempt cal year 2012 commitments to guarantee loans POSTAL REGULATORY COMMISSION this appropriation from the provisions of 31 for debentures under section 303(b) of the Small SALARIES AND EXPENSES U.S.C. 1341, whenever the President deems such Business Investment Act of 1958 shall not exceed (INCLUDING TRANSFER OF FUNDS) action to be necessary in the interest of national $3,000,000,000: Provided further, That during fis- For necessary expenses of the Postal Regu- defense: Provided further, That none of the cal year 2012, guarantees of trust certificates latory Commission in carrying out the provi- funds appropriated by this Act may be expended authorized by section 5(g) of the Small Business sions of the Postal Accountability and Enhance- for or in connection with the induction of any Act shall not exceed a principal amount of ment Act (Public Law 109–435), $14,304,000, to be person into the Armed Forces of the United $12,000,000,000. In addition, for administrative derived by transfer from the Postal Service Fund States. expenses to carry out the direct and guaranteed and expended as authorized by section 603(a) of SMALL BUSINESS ADMINISTRATION loan programs, $147,958,000, which may be transferred to and merged with the appropria- such Act. SALARIES AND EXPENSES tions for Salaries and Expenses. PRIVACY AND CIVIL LIBERTIES OVERSIGHT For necessary expenses, not otherwise pro- BOARD vided for, of the Small Business Administration DISASTER LOANS PROGRAM ACCOUNT SALARIES AND EXPENSES as authorized by Public Law 108–447, including (INCLUDING TRANSFERS OF FUNDS) hire of passenger motor vehicles as authorized For necessary expenses of the Privacy and For administrative expenses to carry out the by 31 U.S.C. 1343 and 1344, and not to exceed Civil Liberties Oversight Board, as authorized direct loan program authorized by section 7(b) $3,500 for official reception and representation by section 1061 of the Intelligence Reform and of the Small Business Act, $117,300,000, to be expenses, $417,348,000: Provided, That the Ad- Terrorism Prevention Act of 2004 (5 U.S.C. 601 available until expended, of which $1,000,000 is ministrator is authorized to charge fees to cover note), $900,000, to remain available until Sep- for the Office of Inspector General of the Small the cost of publications developed by the Small tember 30, 2013. Business Administration, and certain loan pro- Business Administration for audits and reviews RECOVERY ACCOUNTABILITY AND TRANSPARENCY gram activities, including fees authorized by of disaster loans and the disaster loan programs BOARD section 5(b) of the Small Business Act: Provided and shall be transferred to and merged with the SALARIES AND EXPENSES further, That, notwithstanding 31 U.S.C. 3302, appropriations for the Office of Inspector Gen- eral; of which $110,300,000 is for direct adminis- For necessary expenses of the Recovery Ac- revenues received from all such activities shall trative expenses of loan making and servicing to countability and Transparency Board to carry be credited to this account, to remain available carry out the direct loan program, which may be out the provisions of title XV of the American until expended, for carrying out these purposes transferred to and merged with the appropria- Recovery and Reinvestment Act of 2009 (Public without further appropriations: Provided fur- tions for Salaries and Expenses; and of which Law 111–5), and to develop and test information ther, That the Small Business Administration $6,000,000 is for indirect administrative expenses technology resources and oversight mechanisms may accept gifts in an amount not to exceed for the direct loan program, which may be to enhance transparency of and detect and re- $4,000,000 and may co-sponsor activities, each in transferred to and merged with the appropria- mediate waste, fraud, and abuse in Federal accordance with section 132(a) of division K of tions for Salaries and Expenses. spending, $28,350,000, to remain available until Public Law 108–447, during fiscal year 2012: Pro- September 30, 2013. vided further, That $112,500,000 shall be avail- ADMINISTRATIVE PROVISIONS—SMALL BUSINESS able to fund grants for performance in fiscal ADMINISTRATION SECURITIES AND EXCHANGE COMMISSION year 2012 or fiscal year 2013 as authorized by (INCLUDING TRANSFER OF FUNDS) SALARIES AND EXPENSES section 21 of the Small Business Act, to remain For necessary expenses for the Securities and available until September 30, 2013: Provided fur- SEC. 530. Not to exceed 5 percent of any ap- Exchange Commission, including services as au- ther, That $20,000,000 shall remain available propriation made available for the current fiscal thorized by 5 U.S.C. 3109, the rental of space (to until September 30, 2013 for marketing, manage- year for the Small Business Administration in include multiple year leases) in the District of ment, and technical assistance under section this Act may be transferred between such appro- Columbia and elsewhere, and not to exceed 7(m) of the Small Business Act (15 U.S.C. priations, but no such appropriation shall be in- $3,500 for official reception and representation 636(m)(4)) by intermediaries that make creased by more than 10 percent by any such expenses, $1,321,000,000, to remain available microloans under the microloan program: Pro- transfers: Provided, That any transfer pursuant until expended; of which not less than $6,795,000 vided further, That $7,100,000 shall be available to this paragraph shall be treated as a re- shall be for the Office of Inspector General; of for the Loan Modernization and Accounting programming of funds under section 608 of this which not to exceed $45,000 shall be available System, to be available until September 30, 2013: Act and shall not be available for obligation or for a permanent secretariat for the Inter- Provided further, That $2,000,000 shall be for expenditure except in compliance with the pro- national Organization of Securities Commis- the Federal and State Technology Partnership cedures set forth in that section. sions; and of which not to exceed $100,000 shall Program under section 34 of the Small Business SEC. 531. Section 7(d)(5)(D) of the Small Busi- be available for expenses for consultations and Act (15 U.S.C. 657d). ness Act (15 U.S.C. 636(d)(5)(D)) is amended by meetings hosted by the Commission with foreign OFFICE OF INSPECTOR GENERAL striking ‘‘three years’’ and inserting ‘‘7 years’’. governmental and other regulatory officials, For necessary expenses of the Office of In- SEC. 532. Beginning in fiscal year 2013 and members of their delegations and staffs to ex- spector General in carrying out the provisions of each fiscal year thereafter, the budget request change views concerning securities matters, the Inspector General Act of 1978, $16,267,000. for the Small Business Administration shall pro- such expenses to include necessary logistic and vided a detailed justification of any proposed OFFICE OF ADVOCACY administrative expenses and the expenses of changes from the enacted level by individual ap- For necessary expenses of the Office of Advo- Commission staff and foreign invitees in attend- propriation. The detailed justification shall in- cacy in carrying out the provisions of title II of ance including: (1) incidental expenses such as clude at a minimum a description of each credit Public Law 94–305 (15 U.S.C. 634a et seq.) and meals; (2) travel and transportation; and (3) re- and non-credit program including amount of the Regulatory Flexibility Act of 1980 (5 U.S.C. lated lodging or subsistence: Provided, That fees funding and costs by appropriation account and 601 et seq.), $9,120,000, to remain available until and charges authorized by section 31 of the Se- fiscal year. For activities funded in multiple ap- expended. curities Exchange Act of 1934 (15 U.S.C. 78ee) propriations, the budget justification shall shall be credited to this account as offsetting BUSINESS LOANS PROGRAM ACCOUNT specify the amount included in each enacted ap- collections: Provided further, That not to exceed (INCLUDING TRANSFER OF FUNDS) propriation, the amount proposed in the budget $1,321,000,000 of such offsetting collections shall For the cost of direct loans, $3,678,000, to re- year and a justification for any proposed be available until expended for necessary ex- main available until expended, and for the cost changes.

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UNITED STATES POSTAL SERVICE available to any person or entity that has been States Code shall not apply with respect to a PAYMENT TO THE POSTAL SERVICE FUND convicted of violating the Buy American Act (41 contract under the Federal Employees Health For payment to the Postal Service Fund for U.S.C. 10a–10c). Benefits Program established under chapter 89 SEC. 608. Except as otherwise provided in this revenue forgone on free and reduced rate mail, of title 5, United States Code. Act, none of the funds provided in this Act, pro- SEC. 612. For the purpose of resolving litiga- pursuant to subsections (c) and (d) of section vided by previous appropriations Acts to the tion and implementing any settlement agree- 2401 of title 39, United States Code, $78,153,000, agencies or entities funded in this Act that re- ments regarding the nonforeign area cost-of-liv- which shall not be available for obligation until main available for obligation or expenditure in ing allowance program, the Office of Personnel October 1, 2012: Provided, That mail for overseas fiscal year 2012, or provided from any accounts Management may accept and utilize (without voting and mail for the blind shall continue to in the Treasury derived by the collection of fees regard to any restriction on unanticipated trav- be free: Provided further, That 6-day delivery and available to the agencies funded by this el expenses imposed in an Appropriations Act) and rural delivery of mail shall continue at not Act, shall be available for obligation or expendi- funds made available to the Office of Personnel less than the 1983 level: Provided further, That ture through a reprogramming of funds that: (1) Management pursuant to court approval. none of the funds made available to the Postal creates a new program; (2) eliminates a pro- SEC. 613. No funds appropriated by this Act Service by this Act shall be used to implement gram, project, or activity; (3) increases funds or shall be available to pay for an abortion, or the any rule, regulation, or policy of charging any personnel for any program, project, or activity administrative expenses in connection with any officer or employee of any State or local child for which funds have been denied or restricted health plan under the Federal employees health support enforcement agency, or any individual by the Congress; (4) proposes to use funds di- benefits program which provides any benefits or participating in a State or local program of rected for a specific activity by the Committee coverage for abortions. child support enforcement, a fee for information on Appropriations of either the House of Rep- SEC. 614. The provision of section 613 shall not requested or provided concerning an address of resentatives or the Senate for a different pur- apply where the life of the mother would be en- a postal customer: Provided further, That none pose; (5) augments existing programs, projects, dangered if the fetus were carried to term, or the of the funds provided in this Act shall be used or activities in excess of $5,000,000 or 10 percent, pregnancy is the result of an act of rape or in- to consolidate or close small rural and other whichever is less; (6) reduces existing programs, cest. small post offices in fiscal year 2012. projects, or activities by $5,000,000 or 10 percent, SEC. 615. In order to promote Government ac- OFFICE OF INSPECTOR GENERAL whichever is less; or (7) creates or reorganizes cess to commercial information technology, the restriction on purchasing nondomestic articles, SALARIES AND EXPENSES offices, programs, or activities unless prior ap- materials, and supplies set forth in chapter 83 of proval is received from the Committees on Ap- (INCLUDING TRANSFER OF FUNDS) title 41, United States Code (popularly known as propriations of the House of Representatives For necessary expenses of the Office of In- the Buy American Act), shall not apply to the and the Senate: Provided, That prior to any sig- spector General in carrying out the provisions of acquisition by the Federal Government of infor- nificant reorganization or restructuring of of- the Inspector General Act of 1978, $241,468,000, mation technology (as defined in section 11101 fices, programs, or activities, each agency or en- to be derived by transfer from the Postal Service of title 40, United States Code), that is a com- tity funded in this Act shall consult with the Fund and expended as authorized by section mercial item (as defined in section 103 of title 41, Committees on Appropriations of the House of 603(b)(3) of the Postal Accountability and En- United States Code). Representatives and the Senate: Provided fur- hancement Act (Public Law 109–435). SEC. 616. Notwithstanding section 1353 of title ther, That not later than 60 days after the date UNITED STATES TAX COURT 31, United States Code, no officer or employee of of enactment of this Act, each agency funded by any regulatory agency or commission funded by SALARIES AND EXPENSES this Act shall submit a report to the Committees this Act may accept on behalf of that agency, For necessary expenses, including contract re- on Appropriations of the House of Representa- nor may such agency or commission accept, porting and other services as authorized by 5 tives and the Senate to establish the baseline for payment or reimbursement from a non-Federal U.S.C. 3109, $51,079,000: Provided, That travel application of reprogramming and transfer au- entity for travel, subsistence, or related expenses expenses of the judges shall be paid upon the thorities for the current fiscal year: Provided for the purpose of enabling an officer or em- written certificate of the judge. further, That at a minimum the report shall in- ployee to attend and participate in any meeting TITLE VI clude: (1) a table for each appropriation with a or similar function relating to the official duties GENERAL PROVISIONS—THIS ACT separate column to display the President’s budg- of the officer or employee when the entity offer- et request, adjustments made by Congress, ad- (INCLUDING RESCISSIONS) ing payment or reimbursement is a person or en- justments due to enacted rescissions, if appro- tity subject to regulation by such agency or SEC. 601. None of the funds in this Act shall priate, and the fiscal year enacted level; (2) a commission, or represents a person or entity sub- be used for the planning or execution of any delineation in the table for each appropriation ject to regulation by such agency or commission, program to pay the expenses of, or otherwise both by object class and program, project, and unless the person or entity is an organization compensate, non-Federal parties intervening in activity as detailed in the budget appendix for described in section 501(c)(3) of the Internal regulatory or adjudicatory proceedings funded the respective appropriation; and (3) an identi- Revenue Code of 1986 and exempt from tax in this Act. fication of items of special congressional inter- under section 501(a) of such Code. SEC. 602. None of the funds appropriated in est: Provided further, That the amount appro- SEC. 617. The Public Company Accounting this Act shall remain available for obligation be- priated or limited for salaries and expenses for Oversight Board shall have authority to obligate yond the current fiscal year, nor may any be an agency shall be reduced by $100,000 per day funds for the scholarship program established transferred to other appropriations, unless ex- for each day after the required date that the re- by section 109(c)(2) of the Sarbanes-Oxley Act of pressly so provided herein. port has not been submitted to the Congress. 2002 (Public Law 107–204) in an aggregate SEC. 603. The expenditure of any appropria- SEC. 609. Except as otherwise specifically pro- amount not exceeding the amount of funds col- tion under this Act for any consulting service vided by law, not to exceed 50 percent of unobli- lected by the Board as of December 31, 2011, in- through procurement contract pursuant to 5 gated balances remaining available at the end of cluding accrued interest, as a result of the as- U.S.C. 3109, shall be limited to those contracts fiscal year 2012 from appropriations made avail- sessment of monetary penalties. Funds available where such expenditures are a matter of public able for salaries and expenses for fiscal year for obligation in fiscal year 2012 shall remain record and available for public inspection, ex- 2012 in this Act, shall remain available through available until expended. cept where otherwise provided under existing September 30, 2013, for each such account for SEC. 618. From the unobligated balances of law, or under existing Executive order issued the purposes authorized: Provided, That a re- prior year appropriations made available for the pursuant to existing law. quest shall be submitted to the Committees on Privacy and Civil Liberties Oversight Board, SEC. 604. None of the funds made available in Appropriations of the House of Representatives $998,000 are rescinded. this Act may be transferred to any department, and the Senate for approval prior to the expend- SEC. 619. Section 1107 of title 31, United States agency, or instrumentality of the United States iture of such funds: Provided further, That Code, is amended by adding to the end thereof Government, except pursuant to a transfer made these requests shall be made in compliance with the following: ‘‘The President shall transmit by, or transfer authority provided in, this Act or reprogramming guidelines. promptly to Congress without change, proposed any other appropriations Act. SEC. 610. None of the funds made available in deficiency and supplemental appropriations SEC. 605. None of the funds made available by this Act may be used by the Executive Office of submitted to the President by the legislative this Act shall be available for any activity or for the President to request from the Federal Bu- branch and the judicial branch.’’. paying the salary of any Government employee reau of Investigation any official background SEC. 620. Notwithstanding section 708 of this where funding an activity or paying a salary to investigation report on any individual, except Act, funds made available to the Commodity Fu- a Government employee would result in a deci- when— tures Trading Commission and the Securities sion, determination, rule, regulation, or policy (1) such individual has given his or her ex- and Exchange Commission by this or any other that would prohibit the enforcement of section press written consent for such request not more Act may be used for the interagency funding 307 of the Tariff Act of 1930 (19 U.S.C. 1307). than 6 months prior to the date of such request and sponsorship of a joint advisory committee to SEC. 606. No funds appropriated pursuant to and during the same presidential administra- advise on emerging regulatory issues. this Act may be expended by an entity unless tion; or SEC. 621. For purposes of Public Law 109–285, the entity agrees that in expending the assist- (2) such request is required due to extraor- the period described in section 5134(f)(1)(B) of ance the entity will comply with the Buy Amer- dinary circumstances involving national secu- title 31, United States Code, shall be treated as ican Act (41 U.S.C. 10a–10c). rity. a 2-year, 9-month period. SEC. 607. No funds appropriated or otherwise SEC. 611. The cost accounting standards pro- SEC. 622. The Help America Vote Act of 2002 made available under this Act shall be made mulgated under chapter 15 of title 41, United (Public Law 107–252) is amended by:

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(1) inserting in section 255(b)(42 U.S.C. 15405) memorandum of understanding, or cooperative SEC. 704. Unless otherwise specified during the ‘‘posted on the Commission’s website with a no- agreement with, make a grant to, or provide a current fiscal year, no part of any appropria- tice’’ after ‘‘cause to have the plan’’; loan or loan guarantee to, any corporation with tion contained in this or any other Act shall be (2) inserting in section 253(d)(42 U.S.C. 15403) respect to which any unpaid Federal tax liabil- used to pay the compensation of any officer or ‘‘notice of’’ prior to ‘‘the State plan’’; ity has been assessed, for which all judicial and employee of the Government of the United (3) inserting in section 254(a)(11)(42 U.S.C. administrative remedies have been exhausted or States (including any agency the majority of the 15404) ‘‘notice of’’ prior to ‘‘the change’’; and have lapsed, and that is not being paid in a stock of which is owned by the Government of (4) inserting in section 254(a)(11)(C)(42 U.S.C. timely manner pursuant to an agreement with the United States) whose post of duty is in the 15404) ‘‘notice of’’ prior to ‘‘the change’’. the authority responsible for collecting the tax continental United States unless such person: SEC. 623. From the unobligated balances avail- liability, where the awarding agency is aware of (1) is a citizen of the United States; (2) is a per- able in the Securities and Exchange Commission the unpaid tax liability, unless the agency has son who is lawfully admitted for permanent res- Reserve Fund established by section 991 of the considered suspension or debarment of the cor- idence and is seeking citizenship as outlined in Dodd-Frank Wall Street Reform and Consumer poration and made a determination that this 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is Protection Act (Public Law 111–203), $25,000,000 further action is not necessary to protect the in- admitted as a refugee under 8 U.S.C. 1157 or is are rescinded. terests of the Government. granted asylum under 8 U.S.C. 1158 and has SEC. 624. The Department of the Treasury, the SEC. 631. None of the funds made available by filed a declaration of intention to become a law- Executive Office of the President, the Judiciary, this Act may be used to enter into a contract, ful permanent resident and then a citizen when the Federal Communications Commission, the memorandum of understanding, or cooperative eligible; or (4) is a person who owes allegiance Federal Trade Commission, the General Services agreement with, make a grant to, or provide a to the United States: Provided, That for pur- Administration, the National Archives and loan or loan guarantee to, any corporation that poses of this section, affidavits signed by any Records Administration, the Securities and Ex- was convicted or had an officer or agent of such such person shall be considered prima facie evi- change Commission, and the Small Business Ad- corporation acting on behalf of the corporation dence that the requirements of this section with ministration shall provide the Committees on convicted of a felony criminal violation under respect to his or her status are being complied Appropriations of the House and the Senate a any Federal law within the preceding 24 with: Provided further, That for purposes of quarterly accounting of the cumulative balances months, where the awarding agency is aware of subsections (2) and (3) such affidavits shall be of any unobligated funds that were received by the conviction, unless the agency has considered submitted prior to employment and updated such agency during any previous fiscal year. suspension or debarment of the corporation, or thereafter as necessary: Provided further, That SEC. 625. (a)(1) Notwithstanding any other such officer or agent and made a determination any person making a false affidavit shall be provision of law, an Executive agency covered that this further action is not necessary to pro- guilty of a felony, and upon conviction, shall be by this Act otherwise authorized to enter into tect the interests of the Government. fined no more than $4,000 or imprisoned for not contracts for either leases or the construction or SEC. 632. Section 8909a(d)(3)(A)(v) of title 5, more than 1 year, or both: Provided further, alteration of real property for office, meeting, United States Code, is amended by striking the That the above penal clause shall be in addition storage, or other space must consult with the date specified in such section and inserting to, and not in substitution for, any other provi- General Services Administration before issuing a ‘‘August 1, 2012’’. sions of existing law: Provided further, That solicitation for offers of new leases or construc- any payment made to any officer or employee tion contracts, and in the case of succeeding TITLE VII contrary to the provisions of this section shall leases, before entering into negotiations with the GENERAL PROVISIONS—GOVERNMENT- be recoverable in action by the Federal Govern- current lessor. WIDE ment: Provided further, That this section shall (2) Any such agency with authority to enter DEPARTMENTS, AGENCIES, AND CORPORATIONS into an emergency lease may do so during any not apply to any person who is an officer or em- SEC. 701. No department, agency, or instru- ployee of the Government of the United States period declared by the President to require emer- mentality of the United States receiving appro- gency leasing authority with respect to such on the date of enactment of this Act, or to inter- priated funds under this or any other Act for national broadcasters employed by the Broad- agency. fiscal year 2012 shall obligate or expend any (b) For purposes of this section, the term ‘‘Ex- casting Board of Governors, or to temporary em- such funds, unless such department, agency, or ployment of translators, or to temporary em- ecutive agency covered by this Act’’ means any instrumentality has in place, and will continue Executive agency provided funds by this Act, ployment in the field service (not to exceed 60 to administer in good faith, a written policy de- days) as a result of emergencies: Provided fur- but does not include the General Services Ad- signed to ensure that all of its workplaces are ministration or the United States Postal Service. ther, That this section does not apply to the em- free from the illegal use, possession, or distribu- ployment as Wildland firefighters for not more SEC. 626. None of the funds made available in tion of controlled substances (as defined in the this Act may be used by the Federal Trade Com- than 120 days of nonresident aliens employed by Controlled Substances Act (21 U.S.C. 802)) by the Department of the Interior or the USDA mission to complete the draft report entitled the officers and employees of such department, ‘‘Interagency Working Group on Food Marketed Forest Service pursuant to an agreement with agency, or instrumentality. another country. to Children: Preliminary Proposed Nutrition SEC. 702. Unless otherwise specifically pro- SEC. 705. Appropriations available to any de- Principles to Guide Industry Self-Regulatory Ef- vided, the maximum amount allowable during forts’’ unless the Interagency Working Group on partment or agency during the current fiscal the current fiscal year in accordance with sub- year for necessary expenses, including mainte- Food Marketed to Children complies with Exec- section 1343(c) of title 31, United States Code, utive Order 13563. nance or operating expenses, shall also be avail- for the purchase of any passenger motor vehicle able for payment to the General Services Admin- SEC. 627. None of the funds made available by (exclusive of buses, ambulances, law enforce- this Act may be used to pay the salaries and ex- istration for charges for space and services and ment, and undercover surveillance vehicles), is those expenses of renovation and alteration of penses for the following positions: hereby fixed at $13,197 except station wagons for (1) Director, White House Office of Health Re- buildings and facilities which constitute public which the maximum shall be $13,631: Provided, form. improvements performed in accordance with the (2) Assistant to the President for Energy and That these limits may be exceeded by not to ex- Public Buildings Act of 1959 (73 Stat. 479), the Climate Change. ceed $3,700 for police-type vehicles, and by not Public Buildings Amendments of 1972 (86 Stat. (3) Senior Advisor to the Secretary of the to exceed $4,000 for special heavy-duty vehicles: 216), or other applicable law. Treasury assigned to the Presidential Task Provided further, That the limits set forth in SEC. 706. In addition to funds provided in this Force on the Auto Industry and Senior Coun- this section may not be exceeded by more than or any other Act, all Federal agencies are au- selor for Manufacturing Policy. 5 percent for electric or hybrid vehicles pur- thorized to receive and use funds resulting from (4) White House Director of Urban Affairs. chased for demonstration under the provisions the sale of materials, including Federal records SEC. 628. None of the funds made available in of the Electric and Hybrid Vehicle Research, De- disposed of pursuant to a records schedule re- this Act may be used by the Federal Commu- velopment, and Demonstration Act of 1976: Pro- covered through recycling or waste prevention nications Commission to remove the conditions vided further, That the limits set forth in this programs. Such funds shall be available until imposed on commercial terrestrial operations in section may be exceeded by the incremental cost expended for the following purposes: the Order and Authorization adopted by the of clean alternative fuels vehicles acquired pur- (1) Acquisition, waste reduction and preven- Commission on January 26, 2011 (DA 11–133), or suant to Public Law 101–549 over the cost of tion, and recycling programs as described in Ex- otherwise permit such operations, until the comparable conventionally fueled vehicles: Pro- ecutive Order No. 13423 (January 24, 2007), in- Commission has resolved concerns of potential vided further, That the limits set forth in this cluding any such programs adopted prior to the widespread harmful interference by such com- section shall not apply to any vehicle that is a effective date of the Executive order. mercial terrestrial operations to commercially commercial item and which operates on emerg- (2) Other Federal agency environmental man- available Global Positioning System devices. ing motor vehicle technology, including but not agement programs, including, but not limited to, SEC. 629. None of the funds made available by limited to electric, plug-in hybrid electric, and the development and implementation of haz- this Act may be expended for any new hire by hydrogen fuel cell vehicles. ardous waste management and pollution pre- any Federal agency funded in this Act that is SEC. 703. Appropriations of the executive de- vention programs. not verified through the E-Verify Program es- partments and independent establishments for (3) Other employee programs as authorized by tablished under section 403(a) of the Illegal Im- the current fiscal year available for expenses of law or as deemed appropriate by the head of the migration Reform and Immigrant Responsibility travel, or for the expenses of the activity con- Federal agency. Act of 1996 (8 U.S.C. 1324a note). cerned, are hereby made available for quarters SEC. 707. Funds made available by this or any SEC. 630. None of the funds made available by allowances and cost-of-living allowances, in ac- other Act for administrative expenses in the cur- this Act may be used to enter into a contract, cordance with 5 U.S.C. 5922–5924. rent fiscal year of the corporations and agencies

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.036 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9043 subject to chapter 91 of title 31, United States of Investigation or the Drug Enforcement Ad- compromise the national security, including sec- Code, shall be available, in addition to objects ministration of the Department of Justice, the tions 641, 793, 794, 798, and 952 of title 18, United for which such funds are otherwise available, Department of Transportation, the Department States Code, and section 4(b) of the Subversive for rent in the District of Columbia; services in of the Treasury, or the Department of Energy Activities Act of 1950 (50 U.S.C. 783(b)). The accordance with 5 U.S.C. 3109; and the objects performing intelligence functions; or definitions, requirements, obligations, rights, specified under this head, all the provisions of (8) the Director of National Intelligence or the sanctions, and liabilities created by said Execu- which shall be applicable to the expenditure of Office of the Director of National Intelligence. tive order and listed statutes are incorporated such funds unless otherwise specified in the Act SEC. 713. No part of any appropriation con- into this agreement and are controlling.’’: Pro- by which they are made available: Provided, tained in this or any other Act shall be available vided, That notwithstanding the preceding pro- That in the event any functions budgeted as ad- for the payment of the salary of any officer or vision of this section, a nondisclosure policy ministrative expenses are subsequently trans- employee of the Federal Government, who— form or agreement that is to be executed by a ferred to or paid from other funds, the limita- (1) prohibits or prevents, or attempts or person connected with the conduct of an intel- tions on administrative expenses shall be cor- threatens to prohibit or prevent, any other offi- ligence or intelligence-related activity, other respondingly reduced. cer or employee of the Federal Government from than an employee or officer of the United States SEC. 708. No part of any appropriation con- having any direct oral or written communica- Government, may contain provisions appro- tained in this or any other Act shall be available tion or contact with any Member, committee, or priate to the particular activity for which such for interagency financing of boards (except Fed- subcommittee of the Congress in connection with document is to be used. Such form or agreement eral Executive Boards), commissions, councils, any matter pertaining to the employment of shall, at a minimum, require that the person will committees, or similar groups (whether or not such other officer or employee or pertaining to not disclose any classified information received they are interagency entities) which do not have the department or agency of such other officer in the course of such activity unless specifically a prior and specific statutory approval to re- or employee in any way, irrespective of whether authorized to do so by the United States Gov- ceive financial support from more than one such communication or contact is at the initia- ernment. Such nondisclosure forms shall also agency or instrumentality. tive of such other officer or employee or in re- make it clear that they do not bar disclosures to SEC. 709. None of the funds made available sponse to the request or inquiry of such Member, Congress, or to an authorized official of an ex- pursuant to the provisions of this Act shall be committee, or subcommittee; or ecutive agency or the Department of Justice, used to implement, administer, or enforce any (2) removes, suspends from duty without pay, that are essential to reporting a substantial vio- regulation which has been disapproved pursu- demotes, reduces in rank, seniority, status, pay, lation of law. ant to a joint resolution duly adopted in accord- or performance or efficiency rating, denies pro- (b) Effective 180 days after enactment of this ance with the applicable law of the United motion to, relocates, reassigns, transfers, dis- Act, subsection (a) is amended by— States. ciplines, or discriminates in regard to any em- (1) striking ‘‘Executive Order No. 12958’’ and SEC. 710. During the period in which the head ployment right, entitlement, or benefit, or any inserting ‘‘Executive Order No. 13526 (75 Fed. of any department or agency, or any other offi- term or condition of employment of, any other Reg. 707), or any successor thereto’’; (2) after ‘‘the Intelligence Identities Protection cer or civilian employee of the Federal Govern- officer or employee of the Federal Government, Act of 1982 (50 U.S.C. 421 et seq.) (governing dis- ment appointed by the President of the United or attempts or threatens to commit any of the closures that could expose confidential Govern- States, holds office, no funds may be obligated foregoing actions with respect to such other offi- ment agents);’’ inserting ‘‘sections 7(c) and 8H or expended in excess of $5,000 to furnish or re- cer or employee, by reason of any communica- of the Inspector General Act of 1978 (5 U.S.C. decorate the office of such department head, tion or contact of such other officer or employee App.) (relating to disclosures to an inspector agency head, officer, or employee, or to pur- with any Member, committee, or subcommittee of general, the inspectors general of the Intel- chase furniture or make improvements for any the Congress as described in paragraph (1). ligence Community, and Congress); section SEC. 714. (a) None of the funds made available such office, unless advance notice of such fur- 103H(g)(3) of the National Security Act of 1947 in this or any other Act may be obligated or ex- nishing or redecoration is transmitted to the (50 U.S.C. 403–3h(g)(3) (relating to disclosures to pended for any employee training that— Committees on Appropriations of the House of the inspector general of the Intelligence Commu- Representatives and the Senate. For the pur- (1) does not meet identified needs for knowl- edge, skills, and abilities bearing directly upon nity); sections 17(d)(5) and 17(e)(3) of the Cen- poses of this section, the term ‘‘office’’ shall in- tral Intelligence Agency Act of 1949 (50 U.S.C. clude the entire suite of offices assigned to the the performance of official duties; (2) contains elements likely to induce high lev- 403q(d)(5) and 403q(e)(3)) (relating to disclosures individual, as well as any other space used pri- to the Inspector General of the Central Intel- marily by the individual or the use of which is els of emotional response or psychological stress in some participants; ligence Agency and Congress);’’; and directly controlled by the individual. (3) after ‘‘Subversive Activities’’ inserting (3) does not require prior employee notifica- SEC. 711. Notwithstanding section 31 U.S.C. ‘‘Control’’. tion of the content and methods to be used in 1346, or section 708 of this Act, funds made (c) A nondisclosure agreement entered into be- available for the current fiscal year by this or the training and written end of course evalua- fore the effective date of the amendment in sub- any other Act shall be available for the inter- tion; section (b) may continue to be implemented and (4) contains any methods or content associ- agency funding of national security and emer- enforced after that effective date if it complies ated with religious or quasi-religious belief sys- gency preparedness telecommunications initia- with the requirements of subsection (a) that tems or ‘‘new age’’ belief systems as defined in tives which benefit multiple Federal depart- were in effect prior to the effective date of the ments, agencies, or entities, as provided by Ex- Equal Employment Opportunity Commission No- amendment in subsection (b). ecutive Order No. 12472 (April 3, 1984). tice N–915.022, dated September 2, 1988; or SEC. 716. No part of any funds appropriated SEC. 712. (a) None of the funds appropriated (5) is offensive to, or designed to change, par- in this or any other Act shall be used by an by this or any other Act may be obligated or ex- ticipants’ personal values or lifestyle outside the agency of the executive branch, other than for pended by any Federal department, agency, or workplace. normal and recognized executive-legislative rela- other instrumentality for the salaries or ex- (b) Nothing in this section shall prohibit, re- tionships, for publicity or propaganda purposes, penses of any employee appointed to a position strict, or otherwise preclude an agency from and for the preparation, distribution or use of of a confidential or policy-determining char- conducting training bearing directly upon the any kit, pamphlet, booklet, publication, radio, acter excepted from the competitive service pur- performance of official duties. television, or film presentation designed to sup- EC. 715. (a) No funds appropriated in this or suant to 5 U.S.C. 3302, without a certification to S port or defeat legislation pending before the any other Act may be used to implement or en- the Office of Personnel Management from the Congress, except in presentation to the Congress force the agreements in Standard Forms 312 and head of the Federal department, agency, or itself. 4414 of the Government or any other nondisclo- other instrumentality employing the Schedule C SEC. 717. None of the funds appropriated by sure policy, form, or agreement if such policy, appointee that the Schedule C position was not this or any other Act may be used by an agency form, or agreement does not contain the fol- created solely or primarily in order to detail the to provide a Federal employee’s home address to lowing provisions: ‘‘These restrictions are con- employee to the White House. any labor organization except when the em- (b) The provisions of this section shall not sistent with and do not supersede, conflict with, ployee has authorized such disclosure or when apply to Federal employees or members of the or otherwise alter the employee obligations, such disclosure has been ordered by a court of armed forces detailed to or from— rights, or liabilities created by Executive Order competent jurisdiction. (1) the Central Intelligence Agency; No. 12958; section 7211 of title 5, United States SEC. 718. None of the funds made available in (2) the National Security Agency; Code (governing disclosures to Congress); sec- this Act or any other Act may be used to provide (3) the Defense Intelligence Agency; tion 1034 of title 10, United States Code, as any non-public information such as mailing or (4) the National Geospatial-Intelligence Agen- amended by the Military Whistleblower Protec- telephone lists to any person or any organiza- cy; tion Act (governing disclosure to Congress by tion outside of the Federal Government without (5) the offices within the Department of De- members of the military); section 2302(b)(8) of the approval of the Committees on Appropria- fense for the collection of specialized national title 5, United States Code, as amended by the tions of the House of Representatives and the foreign intelligence through reconnaissance pro- Whistleblower Protection Act of 1989 (governing Senate. grams; disclosures of illegality, waste, fraud, abuse or SEC. 719. No part of any appropriation con- (6) the Bureau of Intelligence and Research of public health or safety threats); the Intelligence tained in this or any other Act shall be used di- the Department of State; Identities Protection Act of 1982 (50 U.S.C. 421 et rectly or indirectly, including by private con- (7) any agency, office, or unit of the Army, seq.) (governing disclosures that could expose tractor, for publicity or propaganda purposes Navy, Air Force, or Marine Corps, the Depart- confidential Government agents); and the stat- within the United States not heretofore author- ment of Homeland Security, the Federal Bureau utes which protect against disclosure that may ized by the Congress.

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SEC. 720. (a) In this section, the term ‘‘agen- mittee on Science and Technology, and the Sen- as performed by nationally recognized oversight cy’’— ate Committee on Commerce, Science, and authorities. (1) means an Executive agency, as defined Transportation 90 days after enactment of this SEC. 729. Notwithstanding any other provision under 5 U.S.C. 105; and Act. of law, funds appropriated for official travel by (2) includes a military department, as defined SEC. 725. Any request for proposals, solicita- Federal departments and agencies may be used under section 102 of such title, the Postal Serv- tion, grant application, form, notification, press by such departments and agencies, if consistent ice, and the Postal Regulatory Commission. release, or other publications involving the dis- with Office of Management and Budget Circular (b) Unless authorized in accordance with law tribution of Federal funds shall indicate the A–126 regarding official travel for Government or regulations to use such time for other pur- agency providing the funds, the Catalog of Fed- personnel, to participate in the fractional air- poses, an employee of an agency shall use offi- eral Domestic Assistance Number, as applicable, craft ownership pilot program. cial time in an honest effort to perform official and the amount provided: Provided, That this SEC. 730. Notwithstanding any other provision duties. An employee not under a leave system, provision shall apply to direct payments, for- of law, none of the funds appropriated or made including a Presidential appointee exempted mula funds, and grants received by a State re- available under this Act or any other appropria- under 5 U.S.C. 6301(2), has an obligation to ex- ceiving Federal funds. tions Act may be used to implement or enforce pend an honest effort and a reasonable propor- SEC. 726. (a) PROHIBITION OF FEDERAL AGEN- restrictions or limitations on the Coast Guard tion of such employee’s time in the performance CY MONITORING OF INDIVIDUALS’ INTERNET Congressional Fellowship Program, or to imple- of official duties. USE.—None of the funds made available in this ment the proposed regulations of the Office of SEC. 721. Notwithstanding 31 U.S.C. 1346 and or any other Act may be used by any Federal Personnel Management to add sections 300.311 section 708 of this Act, funds made available for agency— through 300.316 to part 300 of title 5 of the Code the current fiscal year by this or any other Act (1) to collect, review, or create any aggrega- of Federal Regulations, published in the Federal to any department or agency, which is a member tion of data, derived from any means, that in- Register, volume 68, number 174, on September 9, of the Federal Accounting Standards Advisory cludes any personally identifiable information 2003 (relating to the detail of executive branch Board (FASAB), shall be available to finance an relating to an individual’s access to or use of employees to the legislative branch). appropriate share of FASAB administrative any Federal Government Internet site of the SEC. 731. Notwithstanding any other provision costs. agency; or of law, no executive branch agency shall pur- (TRANSFER OF FUNDS) (2) to enter into any agreement with a third chase, construct, and/or lease any additional fa- party (including another government agency) to cilities, except within or contiguous to existing SEC. 722. Notwithstanding 31 U.S.C. 1346 and collect, review, or obtain any aggregation of locations, to be used for the purpose of con- section 708 of this Act, the head of each Execu- data, derived from any means, that includes any ducting Federal law enforcement training with- tive department and agency is hereby author- personally identifiable information relating to out the advance approval of the Committees on ized to transfer to or reimburse ‘‘General Serv- an individual’s access to or use of any non- Appropriations of the House of Representatives ices Administration, Government-wide Policy’’ governmental Internet site. and the Senate, except that the Federal Law with the approval of the Director of the Office (b) EXCEPTIONS.—The limitations established Enforcement Training Center is authorized to of Management and Budget, funds made avail- in subsection (a) shall not apply to— obtain the temporary use of additional facilities able for the current fiscal year by this or any (1) any record of aggregate data that does not by lease, contract, or other agreement for train- other Act, including rebates from charge card identify particular persons; ing which cannot be accommodated in existing and other contracts: Provided, That these funds (2) any voluntary submission of personally Center facilities. shall be administered by the Administrator of identifiable information; SEC. 732. (a) For fiscal year 2012, no funds General Services to support Government-wide (3) any action taken for law enforcement, reg- shall be available for transfers or reimburse- and other multi-agency financial, information ulatory, or supervisory purposes, in accordance ments to the E-Government initiatives sponsored technology, procurement, and other manage- with applicable law; or by the Office of Management and Budget prior ment innovations, initiatives, and activities, as (4) any action described in subsection (a)(1) to 15 days following submission of a report to approved by the Director of the Office of Man- that is a system security action taken by the op- the Committees on Appropriations of the House agement and Budget, in consultation with the erator of an Internet site and is necessarily inci- of Representatives and the Senate by the Direc- appropriate interagency and multi-agency dent to providing the Internet site services or to tor of the Office of Management and Budget groups designated by the Director (including the protecting the rights or property of the provider and receipt of approval to transfer funds by the President’s Management Council for overall of the Internet site. Committees on Appropriations of the House of management improvement initiatives, the Chief (c) DEFINITIONS.—For the purposes of this sec- Representatives and the Senate. Financial Officers Council for financial man- tion: (b) The report in subsection (a) and other re- agement initiatives, the Chief Information Offi- (1) The term ‘‘regulatory’’ means agency ac- quired justification materials shall include at a cers Council for information technology initia- tions to implement, interpret or enforce authori- minimum— tives, the Chief Human Capital Officers Council ties provided in law. (1) a description of each initiative including for human capital initiatives, the Chief Acquisi- (2) The term ‘‘supervisory’’ means examina- but not limited to its objectives, benefits, devel- tion Officers Council for procurement initia- tions of the agency’s supervised institutions, in- opment status, risks, cost effectiveness (includ- tives, and the Performance Improvement Coun- cluding assessing safety and soundness, overall ing estimated net costs or savings to the govern- cil for performance improvement initiatives): financial condition, management practices and ment), and the estimated date of full operational Provided further, That the total funds trans- policies and compliance with applicable stand- capability; ferred or reimbursed shall not exceed $17,000,000 ards as provided in law. (2) the total development cost of each initia- for Government-Wide innovations, initiatives, SEC. 727. (a) None of the funds appropriated tive by fiscal year including costs to date, the and activities: Provided further, That the funds by this Act may be used to enter into or renew estimated costs to complete its development to transferred to or for reimbursement of ‘‘General a contract which includes a provision providing full operational capability, and estimated an- Services Administration, Government-wide Pol- prescription drug coverage, except where the nual operations and maintenance costs; and icy’’ during fiscal year 2012 shall remain avail- contract also includes a provision for contracep- (3) the sources and distribution of funding by able for obligation through September 30, 2013: tive coverage. fiscal year and by agency and bureau for each Provided further, That such transfers or reim- (b) Nothing in this section shall apply to a initiative including agency contributions to date bursements may only be made after 15 days fol- contract with— and estimated future contributions by agency. lowing notification of the Committees on Appro- (1) any of the following religious plans: (c) No funds shall be available for obligation priations by the Director of the Office of Man- (A) Personal Care’s HMO; and or expenditure for new E-Government initiatives agement and Budget. (B) OSF HealthPlans, Inc.; and without the explicit approval of the Committees SEC. 723. Notwithstanding any other provision (2) any existing or future plan, if the carrier on Appropriations of the House of Representa- of law, a woman may breastfeed her child at for the plan objects to such coverage on the tives and the Senate. any location in a Federal building or on Federal basis of religious beliefs. SEC. 733. None of the funds appropriated or property, if the woman and her child are other- (c) In implementing this section, any plan otherwise made available by this or any other wise authorized to be present at the location. that enters into or renews a contract under this Act may be used to begin or announce a study SEC. 724. Notwithstanding 31 U.S.C. 1346, or section may not subject any individual to dis- or public-private competition regarding the con- section 708 of this Act, funds made available for crimination on the basis that the individual re- version to contractor performance of any func- the current fiscal year by this or any other Act fuses to prescribe or otherwise provide for con- tion performed by Federal employees pursuant shall be available for the interagency funding of traceptives because such activities would be con- to Office of Management and Budget Circular specific projects, workshops, studies, and similar trary to the individual’s religious beliefs or A–76 or any other administrative regulation, di- efforts to carry out the purposes of the National moral convictions. rective, or policy. Science and Technology Council (authorized by (d) Nothing in this section shall be construed SEC. 734. Unless otherwise authorized by exist- Executive Order No. 12881), which benefit mul- to require coverage of abortion or abortion-re- ing law, none of the funds provided in this Act tiple Federal departments, agencies, or entities: lated services. or any other Act may be used by an executive Provided, That the Office of Management and SEC. 728. The United States is committed to branch agency to produce any prepackaged Budget shall provide a report describing the ensuring the health of its Olympic, Pan Amer- news story intended for broadcast or distribu- budget of and resources connected with the Na- ican, and Paralympic athletes, and supports the tion in the United States, unless the story in- tional Science and Technology Council to the strict adherence to anti-doping in sport through cludes a clear notification within the text or Committees on Appropriations, the House Com- testing, adjudication, education, and research audio of the prepackaged news story that the

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.036 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9045 prepackaged news story was prepared or funded (4) a listing of all projects to be undertaken in made available for information technology in- by that executive branch agency. the upcoming fiscal year with the Federal por- vestments under the heading ‘‘Independent SEC. 735. None of the funds made available in tion of funds for activities. Agencies, Commodity Futures Trading Commis- this Act may be used in contravention of section SEC. 738. (a) IN GENERAL.—None of the funds sion’’ in the Agriculture, Rural Development, 552a of title 5, United States Code (popularly appropriated or otherwise made available by Food and Drug Administration, and Related known as the Privacy Act) and regulations im- this or any other Act may be used for any Fed- Agencies Appropriations Act, 2012 (division A of plementing that section. eral Government contract with any foreign in- Public Law 112–55), the Chairman of the Com- SEC. 736. Each executive department and corporated entity which is treated as an in- modity Futures Trading Commission may trans- agency shall evaluate the creditworthiness of an verted domestic corporation under section 835(b) fer not to exceed $10,000,000 under such heading individual before issuing the individual a gov- of the Homeland Security Act of 2002 (6 U.S.C. for salaries and expenses of such Commission: ernment travel charge card. Such evaluations 395(b)) or any subsidiary of such an entity. Provided, That any transfer pursuant to this for individually billed travel charge cards shall (b) WAIVERS.— section shall be subject to the notification proce- include an assessment of the individual’s con- (1) IN GENERAL.—Any Secretary shall waive dures set forth in section 730 of such Act with sumer report from a consumer reporting agency subsection (a) with respect to any Federal Gov- respect to a reprogramming of funds and shall as those terms are defined in section 603 of the ernment contract under the authority of such not be available for obligation or expenditure Fair Credit Reporting Act (Public Law 91–508): Secretary if the Secretary determines that the except in compliance with such procedures. Provided, That the department or agency may waiver is required in the interest of national se- TITLE VIII not issue a government travel charge card to an curity. (2) REPORT TO CONGRESS.—Any Secretary GENERAL PROVISIONS—DISTRICT OF individual that either lacks a credit history or is COLUMBIA found to have an unsatisfactory credit history issuing a waiver under paragraph (1) shall re- (INCLUDING TRANSFER OF FUNDS) as a result of this evaluation: Provided further, port such issuance to Congress. (c) EXCEPTION.—This section shall not apply SEC. 801. There are appropriated from the ap- That this restriction shall not preclude issuance to any Federal Government contract entered plicable funds of the District of Columbia such of a restricted-use charge, debit, or stored value into before the date of the enactment of this Act, sums as may be necessary for making refunds card made in accordance with agency proce- or to any task order issued pursuant to such and for the payment of legal settlements or dures to: (1) an individual with an unsatisfac- contract. judgments that have been entered against the tory credit history where such card is used to SEC. 739. None of the funds made available by District of Columbia government. pay travel expenses and the agency determines this or any other Act may be used to implement, SEC. 802. None of the Federal funds provided there is no suitable alternative payment mecha- administer, enforce, or apply the rule entitled in this Act shall be used for publicity or propa- nism available before issuing the card; or (2) an ‘‘Competitive Area’’ published by the Office of ganda purposes or implementation of any policy individual who lacks a credit history. Each ex- Personnel Management in the Federal Register including boycott designed to support or defeat ecutive department and agency shall establish on April 15, 2008 (73 Fed. Reg. 20180 et seq.). legislation pending before Congress or any State guidelines and procedures for disciplinary ac- SEC. 740. Section 743 of the Consolidated Ap- legislature. tions to be taken against agency personnel for propriations Act, 2010 (Public Law 111–117; 31 SEC. 803. (a) None of the Federal funds pro- improper, fraudulent, or abusive use of govern- U.S.C. 501 note) is amended in subsection (a)(3), vided under this Act to the agencies funded by ment charge cards, which shall include appro- by inserting after ‘‘exercise of an option’’ the this Act, both Federal and District government priate disciplinary actions for use of charge following: ‘‘, and task orders issued under any agencies, that remain available for obligation or cards for purposes, and at establishments, that such contract,’’. expenditure in fiscal year 2012, or provided from are inconsistent with the official business of the SEC. 741. During fiscal year 2012, for each em- any accounts in the Treasury of the United Department or agency or with applicable stand- ployee who— States derived by the collection of fees available ards of conduct. (1) retires under section 8336(d)(2) or to the agencies funded by this Act, shall be SEC. 737. (a) DEFINITIONS.—For purposes of 8414(b)(1)(B) of title 5, United States Code, or available for obligation or expenditures for an this section the following definitions apply: (2) retires under any other provision of sub- agency through a reprogramming of funds (1) GREAT LAKES.—The terms ‘‘Great Lakes’’ chapter III of chapter 83 or chapter 84 of such which— and ‘‘Great Lakes State’’ have the same mean- title 5 and receives a payment as an incentive to (1) creates new programs; ings as such terms have in section 506 of the separate, the separating agency shall remit to (2) eliminates a program, project, or responsi- Water Resources Development Act of 2000 (42 the Civil Service Retirement and Disability bility center; U.S.C. 1962d–22). Fund an amount equal to the Office of Per- (3) establishes or changes allocations specifi- (2) GREAT LAKES RESTORATION ACTIVITIES.— sonnel Management’s average unit cost of proc- cally denied, limited or increased under this Act; The term ‘‘Great Lakes restoration activities’’ essing a retirement claim for the preceding fiscal (4) increases funds or personnel by any means means any Federal or State activity primarily or year. Such amounts shall be available until ex- for any program, project, or responsibility center entirely within the Great Lakes watershed that pended to the Office of Personnel Management for which funds have been denied or restricted; seeks to improve the overall health of the Great and shall be deemed to be an administrative ex- (5) re-establishes any program or project pre- Lakes ecosystem. pense under section 8348(a)(1)(B) of title 5, viously deferred through reprogramming; (b) REPORT.—Not later than 45 days after sub- United States Code. (6) augments any existing program, project, or mission of the budget of the President to Con- SEC. 742. Except as expressly provided other- responsibility center through a reprogramming gress, the Director of the Office of Management wise, any reference to ‘‘this Act’’ contained in of funds in excess of $3,000,000 or 10 percent, and Budget, in coordination with the Governor any title other than title IV or VIII shall not whichever is less; or of each Great Lakes State and the Great Lakes apply to such title IV or VIII. (7) increases by 20 percent or more personnel Interagency Task Force, shall submit to the ap- SEC. 743. (a) None of the funds made available assigned to a specific program, project or re- propriate authorizing and appropriating com- in this or any other Act may be used to rec- sponsibility center, mittees of the Senate and the House of Rep- ommend or require any entity submitting an unless the Committees on Appropriations of the resentatives a financial report, certified by the offer for a Federal contract to disclose any of House of Representatives and the Senate are no- Secretary of each agency that has budget au- the following information as a condition of sub- tified in writing 15 days in advance of the re- thority for Great Lakes restoration activities, mitting the offer: programming. containing— (1) Any payment consisting of a contribution, (b) The District of Columbia government is au- (1) an interagency budget crosscut report expenditure, independent expenditure, or dis- thorized to approve and execute reprogramming that— bursement for an electioneering communication and transfer requests of local funds under this (A) displays the budget proposed, including that is made by the entity, its officers or direc- title through November 1, 2012. any planned interagency or intra-agency trans- tors, or any of its affiliates or subsidiaries to a SEC. 804. None of the Federal funds provided fer, for each of the Federal agencies that carries candidate for election for Federal office or to a in this Act may be used by the District of Co- out Great Lakes restoration activities in the up- political committee, or that is otherwise made lumbia to provide for salaries, expenses, or other coming fiscal year, separately reporting the with respect to any election for Federal office. costs associated with the offices of United States amount of funding to be provided under existing (2) Any disbursement of funds (other than a Senator or United States Representative under laws pertaining to the Great Lakes ecosystem; payment described in paragraph (1)) made by section 4(d) of the District of Columbia State- and the entity, its officers or directors, or any of its hood Constitutional Convention Initiatives of (B) identifies all expenditures since fiscal year affiliates or subsidiaries to any person with the 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1– 2004 by the Federal Government and State gov- intent or the reasonable expectation that the 123). ernments for Great Lakes restoration activities; person will use the funds to make a payment de- SEC. 805. Except as otherwise provided in this (2) a detailed accounting of all funds received scribed in paragraph (1). section, none of the funds made available by and obligated by all Federal agencies and, to (b) In this section, each of the terms ‘‘con- this Act or by any other Act may be used to pro- the extent available, State agencies using Fed- tribution’’, ‘‘expenditure’’, ‘‘independent ex- vide any officer or employee of the District of eral funds, for Great Lakes restoration activities penditure’’, ‘‘electioneering communication’’, Columbia with an official vehicle unless the of- during the current and previous fiscal years; ‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ ficer or employee uses the vehicle only in the (3) a budget for the proposed projects (includ- has the meaning given such term in the Federal performance of the officer’s or employee’s offi- ing a description of the project, authorization Election Campaign Act of 1971 (2 U.S.C. 431 et cial duties. For purposes of this section, the level, and project status) to be carried out in the seq.). term ‘‘official duties’’ does not include travel be- upcoming fiscal year with the Federal portion of SEC. 744. Notwithstanding any other provision tween the officer’s or employee’s residence and funds for activities; and of law, until September 30, 2013, of the amounts workplace, except in the case of—

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None of the funds appropriated TITLE I employee as may otherwise be designated by the under this Act shall be expended for any abor- Chief of the Department; tion except where the life of the mother would DEPARTMENTAL MANAGEMENT AND (2) at the discretion of the Fire Chief, an offi- be endangered if the fetus were carried to term OPERATIONS cer or employee of the District of Columbia Fire or where the pregnancy is the result of an act OFFICE OF THE SECRETARY AND EXECUTIVE and Emergency Medical Services Department of rape or incest. MANAGEMENT who resides in the District of Columbia and is SEC. 812. (a) No later than 30 calendar days For necessary expenses of the Office of the on call 24 hours a day or is otherwise designated after the date of the enactment of this Act, the Secretary of Homeland Security, as authorized by the Fire Chief; Chief Financial Officer for the District of Co- by section 102 of the Homeland Security Act of (3) at the discretion of the Director of the De- lumbia shall submit to the appropriate commit- 2002 (6 U.S.C. 112), and executive management partment of Corrections, an officer or employee tees of Congress, the Mayor, and the Council of of the Department of Homeland Security, as au- of the District of Columbia Department of Cor- the District of Columbia, a revised appropriated thorized by law, $133,159,000: Provided, That rections who resides in the District of Columbia funds operating budget in the format of the not to exceed $51,000 shall be for official recep- and is on call 24 hours a day or is otherwise des- budget that the District of Columbia government tion and representation expenses, of which ignated by the Director; submitted pursuant to section 442 of the District $17,000 shall be made available to the Office of (4) the Mayor of the District of Columbia; and of Columbia Home Rule Act (D.C. Official Code, Policy for Visa Waiver Program negotiations in (5) the Chairman of the Council of the District sec. 1–204.42), for all agencies of the District of Washington, DC, and for other international of Columbia. Columbia government for fiscal year 2012 that is activities: Provided further, That all official SEC. 806. (a) None of the Federal funds con- in the total amount of the approved appropria- costs associated with the use of government air- tained in this Act may be used by the District of tion and that realigns all budgeted data for per- craft by Department of Homeland Security per- Columbia Attorney General or any other officer sonal services and other-than-personal services, sonnel to support official travel of the Secretary or entity of the District government to provide respectively, with anticipated actual expendi- and the Deputy Secretary shall be paid from assistance for any petition drive or civil action tures. amounts made available for the Immediate Of- which seeks to require Congress to provide for (b) This section shall apply only to an agency fice of the Secretary and the Immediate Office of voting representation in Congress for the Dis- for which the Chief Financial Officer for the the Deputy Secretary: Provided further, That of trict of Columbia. District of Columbia certifies that a reallocation the total amount made available under this (b) Nothing in this section bars the District of is required to address unanticipated changes in heading, $1,800,000 shall remain available until Columbia Attorney General from reviewing or program requirements. March 30, 2012, for the Office of Counter- commenting on briefs in private lawsuits, or SEC. 813. No later than 30 calendar days after narcotics Enforcement, of which up to $1,800,000 from consulting with officials of the District the date of the enactment of this Act, the Chief may, notwithstanding section 503 of this Act, be government regarding such lawsuits. Financial Officer for the District of Columbia transferred to the Office of Policy: Provided fur- SEC. 807. None of the Federal funds contained shall submit to the appropriate committees of ther, That amounts transferred pursuant to the in this Act may be used to distribute any needle Congress, the Mayor, and the Council for the preceding proviso shall remain available until or syringe for the purpose of preventing the District of Columbia, a revised appropriated September 30, 2012: Provided further, That the spread of blood borne pathogens in any location funds operating budget for the District of Co- Assistant Secretary for Policy shall submit to that has been determined by the local public lumbia Public Schools that aligns schools budg- the Committees on Appropriations of the Senate health or local law enforcement authorities to be ets to actual enrollment. The revised appro- and the House of Representatives not later than inappropriate for such distribution. priated funds budget shall be in the format of March 30, 2012, an expenditure plan for the Of- SEC. 808. Nothing in this Act may be construed the budget that the District of Columbia govern- fice of Policy which includes a detailed descrip- to prevent the Council or Mayor of the District ment submitted pursuant to section 442 of the tion of any funds transferred to the Office for of Columbia from addressing the issue of the District of Columbia Home Rule Act (D.C. Offi- counternarcotics enforcement and activities re- provision of contraceptive coverage by health cial Code, Sec. 1–204.42). lated to risk management and analysis: Pro- insurance plans, but it is the intent of Congress SEC. 814. Amounts appropriated in this Act as vided further, That $30,000,000 shall not be that any legislation enacted on such issue operating funds may be transferred to the Dis- available for obligation until the Secretary of should include a ‘‘conscience clause’’ which trict of Columbia’s enterprise and capital funds Homeland Security submits to the Committees on provides exceptions for religious beliefs and and such amounts, once transferred, shall re- Appropriations of the Senate and the House of moral convictions. tain appropriation authority consistent with the Representatives a comprehensive plan for imple- SEC. 809. Hereafter, as part of the submission provisions of this Act. mentation of the biometric air exit system, as of the annual budget justification, the Mayor of SEC. 815. Notwithstanding any other laws, for mandated in Public Law 110–53, including the the District of Columbia shall submit to the this and succeeding fiscal years, the Director of estimated costs of implementation. Committees on Appropriations of the House of the District of Columbia Public Defender Service Representatives and the Senate, the Committee shall, to the extent the Director considers appro- OFFICE OF THE UNDER SECRETARY FOR on Oversight and Government Reform of the priate, provide representation for and hold MANAGEMENT House of Representatives, and the Committee on harmless, or provide liability insurance for, any For necessary expenses of the Office of the Homeland Security and Governmental Affairs of person who is an employee, member of the Board Under Secretary for Management, as authorized the Senate a report addressing— of Trustees, or officer of the District of Columbia by sections 701 through 705 of the Homeland Se- (1) crime, including the homicide rate, imple- Public Defender Service for money damages curity Act of 2002 (6 U.S.C. 341 through 345), mentation of community policing, and the num- arising out of any claim, proceeding, or case at $235,587,000, of which not to exceed $2,500 shall ber of police officers on local beats; law relating to the furnishing of representa- be for official reception and representation ex- (2) access to substance and alcohol abuse tional services or management services or related penses: Provided, That of the total amount treatment, including the number of treatment services while acting within the scope of that made available under this heading, $5,000,000 slots, the number of people served, the number person’s office or employment, including, but shall remain available until September 30, 2016, of people on waiting lists, and the effectiveness not limited to such claims, proceedings, or cases solely for the alteration and improvement of fa- of treatment programs, the retention rates in at law involving employment actions, injury, cilities, tenant improvements, and relocation treatment programs, and the recidivism/re-arrest loss of liberty, property damage, loss of prop- costs to consolidate Department headquarters rates for treatment participants; erty, or personal injury, or death arising from operations at the Nebraska Avenue Complex; (3) education, including access to special edu- malpractice or negligence of any such officer or and $14,172,000 shall remain available until Sep- cation services and student achievement to be employee. tember 30, 2014, for the Human Resources Infor- provided in consultation with the District of Co- SEC. 816. Section 346 of the District of Colum- mation Technology program: Provided further, lumbia Public Schools, repeated grade rates, bia Appropriations Act, 2005 (Public Law 108– That the Under Secretary for Management high school graduation rates, and post-sec- 335) is amended— shall, pursuant to the requirements contained in ondary education attendance rates; (1) in the title, by striking ‘‘BIENNIAL’’; the joint statement of managers accompanying (4) improvement in basic District services, in- (2) in subsection (a), by striking ‘‘Biennial this Act, provide to the Committees on Appro- cluding rat control and abatement; and management’’ and inserting ‘‘Management’’; priations of the Senate and the House of Rep- (5) application for and management of Fed- (3) in subsection (a), by striking ‘‘States.’’ and resentatives a Comprehensive Acquisition Status eral grants, including the number and type of inserting ‘‘States every five years.’’; and Report with the President’s budget for fiscal grants for which the District was eligible but (4) in subsection (b)(6), by striking ‘‘2’’ and year 2013 as submitted under section 1105(a) of failed to apply and the number and type of inserting ‘‘5’’. title 31, United States Code, and quarterly up- grants awarded to the District but for which the SEC. 817. Except as expressly provided other- dates to such report not later than 30 days after District failed to spend the amounts received. wise, any reference to ‘‘this Act’’ contained in the completion of each quarter. SEC. 810. None of the Federal funds contained this title or in title IV shall be treated as refer- in this Act may be used to enact or carry out ring only to the provisions of this title or of title OFFICE OF THE CHIEF FINANCIAL OFFICER any law, rule, or regulation to legalize or other- IV. For necessary expenses of the Office of the wise reduce penalties associated with the posses- This division may be cited as the ‘‘Financial Chief Financial Officer, as authorized by sec- sion, use, or distribution of any schedule I sub- Services and General Government Appropria- tion 103 of the Homeland Security Act of 2002 (6 stance under the Controlled Substances Act (21 tions Act, 2012’’. U.S.C. 113), $50,860,000.

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OFFICE OF THE CHIEF INFORMATION OFFICER Trust Fund for administrative expenses related remain available until September 30, 2014, of For necessary expenses of the Office of the to the collection of the Harbor Maintenance Fee which not less than $140,000,000 shall be for the Chief Information Officer, as authorized by sec- pursuant to section 9505(c)(3) of the Internal development of the Automated Commercial Envi- tion 103 of the Homeland Security Act of 2002 (6 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and ronment: Provided, That of the total amount U.S.C. 113), and Department-wide technology notwithstanding section 1511(e)(1) of the Home- made available under this heading, $25,000,000 investments, $257,300,000; of which $105,500,000 land Security Act of 2002 (6 U.S.C. 551(e)(1)); of may not be obligated for the Automated Com- shall be available for salaries and expenses; and which not to exceed $38,250 shall be for official mercial Environment program until the Commis- of which $151,800,000, to remain available until reception and representation expenses; of which sioner of U.S. Customs and Border Protection September 30, 2014, shall be available for devel- not less than $287,901,000 shall be for Air and submits to the Committees on Appropriations of opment and acquisition of information tech- Marine Operations; of which such sums as be- the Senate and the House of Representatives, nology equipment, software, services, and re- come available in the Customs User Fee Ac- not later than 60 days after the date of enact- lated activities for the Department of Homeland count, except sums subject to section 13031(f)(3) ment of this Act, an expenditure plan for the Security: Provided, That the Department of of the Consolidated Omnibus Budget Reconcili- Automated Commercial Environment program Homeland Security Chief Information Officer ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be including results to date, plans for the program, shall submit to the Committees on Appropria- derived from that account; of which not to ex- and a list of projects with associated funding tions of the Senate and the House of Represent- ceed $150,000 shall be available for payment for from prior appropriations and provided by this atives, at the time that the President’s budget is rental space in connection with preclearance Act. submitted each year under section 1105(a) of operations; of which not to exceed $1,000,000 BORDER SECURITY FENCING, INFRASTRUCTURE, title 31, United States Code, a multi-year invest- shall be for awards of compensation to inform- AND TECHNOLOGY ment and management plan, to include each of ants, to be accounted for solely under the cer- For expenses for border security fencing, in- fiscal years 2012 through 2015, for all informa- tificate of the Secretary of Homeland Security: frastructure, and technology, $400,000,000, to re- tion technology acquisition projects funded Provided, That for fiscal year 2012, the overtime main available until September 30, 2014: Pro- under this heading or funded by multiple com- limitation prescribed in section 5(c)(1) of the Act vided, That of the total amount made available ponents of the Department of Homeland Secu- of February 13, 1911 (19 U.S.C. 267(c)(1)) shall under this heading, $60,000,000 shall not be obli- rity through reimbursable agreements, that in- be $35,000; and notwithstanding any other pro- gated until the Committees on Appropriations of cludes— vision of law, none of the funds appropriated by the Senate and the House of Representatives re- (1) the proposed appropriations included for this Act may be available to compensate any em- ceive a detailed plan for expenditure, prepared each project and activity tied to mission require- ployee of U.S. Customs and Border Protection by the Commissioner of U.S. Customs and Bor- ments, program management capabilities, per- for overtime, from whatever source, in an der Protection, and submitted not later than 90 formance levels, and specific capabilities and amount that exceeds such limitation, except in days after the date of enactment of this Act, for services to be delivered; individual cases determined by the Secretary of a program to establish and maintain a security (2) the total estimated cost and projected Homeland Security, or the designee of the Sec- barrier along the borders of the United States of timeline of completion for all multi-year en- retary, to be necessary for national security fencing and vehicle barriers, where practicable, hancements, modernizations, and new capabili- purposes, to prevent excessive costs, or in cases and of other forms of tactical infrastructure and ties that are proposed in such budget or under- of immigration emergencies: Provided further, technology: Provided further, That the Commis- way; That the Border Patrol shall maintain an active sioner of U.S. Customs and Border Protection (3) a detailed accounting of operations and duty presence of not less than 21,370 full-time shall submit to the Committees on Appropria- maintenance and contractor services costs; and equivalent agents protecting the borders of the tions of the Senate and the House of Represent- (4) a current acquisition program baseline for United States in the fiscal year: Provided fur- atives, at the time that the President’s budget is each project, that— ther, That the Commissioner of U.S. Customs submitted each year under section 1105(a) of (A) notes and explains any deviations in cost, and Border Protection shall submit to the Com- title 31, United States Code, a multi-year invest- performance parameters, schedule, or estimated mittees on Appropriations of the Senate and the ment and management plan for the Border Se- date of completion from the original acquisition House of Representatives, with the congres- curity Fencing, Infrastructure, and Technology program baseline; sional budget justification, a multi-year invest- account, that includes for each tactical infra- (B) aligns the acquisition programs covered by ment and management plan, to include each fis- structure and technology deployment— (1) the funding level in that budget and pro- the baseline to mission requirements by defining cal year starting with the current fiscal year jected funding levels for each of the next 3 fiscal existing capabilities, identifying known capa- and the 3 subsequent fiscal years, for inspection years, including a description of the purpose of bility gaps between such existing capabilities and detection technology supporting operations under this heading, including all non-intrusive such funds; and stated mission requirements, and explaining (2) the deployment plan, by border segment, inspection and radiation detection technology, how each increment will address such known that aligns each deployment to mission require- that provides— capability gaps; and ments by defining existing capabilities, identi- (1) the funding level for all inspection and de- (C) defines life-cycle costs for such programs. fying known capability gaps between such exist- tection technology equipment by source; ANALYSIS AND OPERATIONS ing capabilities and stated mission requirements (2) the inventory of inspection and detection related to achieving operational control, and ex- For necessary expenses for intelligence anal- technology equipment by type and age; plaining how each tactical infrastructure or ysis and operations coordination activities, as (3) the proposed appropriations for procure- technology deployment will address such known authorized by title II of the Homeland Security ment of inspection and detection technology Act of 2002 (6 U.S.C. 121 et seq.), $338,068,000; of capability gaps; and equipment by type, including quantity, for de- (3) a current acquisition program baseline which not to exceed $4,250 shall be for official ployment, and for operations and maintenance; reception and representation expenses; and of that— (4) projected funding levels for procurement of (A) notes and explains any deviations in cost, which $141,521,000 shall remain available until inspection and detection technology equipment September 30, 2013. performance parameters, schedule, or estimated by type, including quantity, for deployment, date of completion from the most recent acquisi- OFFICE OF INSPECTOR GENERAL and for operations and maintenance for each of tion program baseline approved by the Depart- For necessary expenses of the Office of In- the 3 subsequent fiscal years; and ment of Homeland Security Acquisition Review spector General in carrying out the provisions of (5) a current acquisition program baseline Board; the Inspector General Act of 1978 (5 U.S.C. that— (B) includes a phase-out and life-cycle recapi- App.), $117,000,000, of which not to exceed (A) aligns the acquisition of each technology talization schedule delineated by fiscal year for $300,000 may be used for certain confidential to mission requirements by defining existing ca- existing and new tactical infrastructure and operational expenses, including the payment of pabilities of comparable legacy technology as- technology deployments that each deployment is informants, to be expended at the direction of sets, identifying known capability gaps between intended to replace or recapitalize; and the Inspector General. such existing capabilities and stated mission re- (C) includes qualitative performance metrics quirements, and explaining how the acquisition TITLE II that assess the effectiveness of new and existing of each technology will address such known ca- tactical infrastructure and technology deploy- SECURITY, ENFORCEMENT, AND pability gaps; ments and inform the next multi-year invest- INVESTIGATIONS (B) defines life-cycle costs for each tech- ment and management plan related to achieving U.S. CUSTOMS AND BORDER PROTECTION nology, including all associated costs of major operational control of the Northern and South- SALARIES AND EXPENSES acquisitions systems infrastructure and transi- west borders of the United States. For necessary expenses for enforcement of tion to operations, delineated by purpose and AIR AND MARINE INTERDICTION, OPERATIONS, laws relating to border security, immigration, fiscal year for the projected service life of the MAINTENANCE, AND PROCUREMENT customs, agricultural inspections and regulatory technology; and For necessary expenses for the operations, (C) includes a phase-out and decommissioning activities related to plant and animal imports, maintenance, and procurement of marine ves- schedule delineated by fiscal year for existing and transportation of unaccompanied minor sels, aircraft, unmanned aircraft systems, and legacy technology assets that each technology is aliens; purchase and lease of up to 7,500 (6,500 other related equipment of the air and marine intended to replace or recapitalize. for replacement only) police-type vehicles; and program, including operational training and contracting with individuals for personal serv- AUTOMATION MODERNIZATION mission-related travel, the operations of which ices abroad; $8,680,118,000; of which $3,274,000 For expenses for U.S. Customs and Border include the following: the interdiction of nar- shall be derived from the Harbor Maintenance Protection automated systems, $334,275,000, to cotics and other goods; the provision of support

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.038 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9048 CONGRESSIONAL RECORD — HOUSE December 15, 2011 to Federal, State, and local agencies in the en- and Nationality Act (8 U.S.C. 1357(g)); and of ceed $4,167,631,000 shall be for screening oper- forcement or administration of laws enforced by which not to exceed $11,216,000 shall be avail- ations, of which $543,103,000 shall be available the Department of Homeland Security; and, at able to fund or reimburse other Federal agencies for explosives detection systems; $204,768,000 the discretion of the Secretary of Homeland Se- for the costs associated with the care, mainte- shall be for checkpoint support; and not to ex- curity, the provision of assistance to Federal, nance, and repatriation of smuggled aliens un- ceed $1,086,325,000 shall be for aviation security State, and local agencies in other law enforce- lawfully present in the United States: Provided, direction and enforcement: Provided further, ment and emergency humanitarian efforts, That none of the funds made available under That of the amount made available in the pre- $503,966,000, to remain available until September this heading shall be available to compensate ceding proviso for explosives detection systems, 30, 2014: Provided, That no aircraft or other re- any employee for overtime in an annual amount $222,738,000 shall be available for the purchase lated equipment, with the exception of aircraft in excess of $35,000, except that the Secretary of and installation of these systems, of which not that are one of a kind and have been identified Homeland Security, or the designee of the Sec- less than 10 percent shall be available for the as excess to U.S. Customs and Border Protection retary, may waive that amount as necessary for purchase and installation of certified explosives requirements and aircraft that have been dam- national security purposes and in cases of immi- detection systems at medium- and small-sized aged beyond repair, shall be transferred to any gration emergencies: Provided further, That of airports: Provided further, That any award to other Federal agency, department, or office out- the total amount provided, $15,770,000 shall be deploy explosives detection systems shall be side of the Department of Homeland Security for activities to enforce laws against forced child based on risk, the airport’s current reliance on during fiscal year 2012 without the prior ap- labor, of which not to exceed $6,000,000 shall re- other screening solutions, lobby congestion re- proval of the Committees on Appropriations of main available until expended: Provided fur- sulting in increased security concerns, high in- the Senate and the House of Representatives: ther, That of the total amount available, not jury rates, airport readiness, and increased cost Provided further, That the Secretary of Home- less than $1,600,000,000 shall be available to effectiveness: Provided further, That security land Security shall report to the Committees on identify aliens convicted of a crime who may be service fees authorized under section 44940 of Appropriations of the Senate and the House of deportable, and to remove them from the United title 49, United States Code, shall be credited to Representatives, not later than 90 days after the States once they are judged deportable, of which this appropriation as offsetting collections and date of enactment of this Act, on the update to $189,064,000 shall remain available until Sep- shall be available only for aviation security: the 5-year strategic plan for the air and marine tember 30, 2013: Provided further, That the As- Provided further, That the sum appropriated program directed in conference report 109–241 sistant Secretary of Homeland Security for U.S. under this heading from the general fund shall accompanying Public Law 109–90 that addresses Immigration and Customs Enforcement shall re- be reduced on a dollar-for-dollar basis as such missions, structure, operations, equipment, fa- port to the Committees on Appropriations of the offsetting collections are received during fiscal cilities, and resources including deployment and Senate and the House of Representatives, not year 2012 so as to result in a final fiscal year ap- command and control requirements, and in- later than 45 days after the end of each quarter propriation from the general fund estimated at cludes a recapitalization plan with milestones of the fiscal year, on progress in implementing not more than $3,223,956,000: Provided further, and funding, and a detailed staffing plan with the preceding proviso and the funds obligated That any security service fees collected in excess associated costs to achieve full staffing to meet during that quarter to make such progress: Pro- of the amount made available under this head- all mission requirements. vided further, That the Secretary of Homeland ing shall become available during fiscal year CONSTRUCTION AND FACILITIES MANAGEMENT Security shall prioritize the identification and 2013: Provided further, That notwithstanding removal of aliens convicted of a crime by the se- section 44923 of title 49, United States Code, for For necessary expenses to plan, acquire, con- verity of that crime: Provided further, That fiscal year 2012, any funds in the Aviation Secu- struct, renovate, equip, furnish, operate, man- funding made available under this heading shall rity Capital Fund established by section age, and maintain buildings, facilities, and re- maintain a level of not less than 34,000 deten- 44923(h) of title 49, United States Code, may be lated infrastructure necessary for the adminis- tion beds through September 30, 2012: Provided used for the procurement and installation of ex- tration and enforcement of the laws relating to further, That of the total amount provided, not plosives detection systems or for the issuance of customs, immigration, and border security, less than $2,750,843,000 is for detention and re- other transaction agreements for the purpose of $236,596,000, to remain available until September moval operations, including transportation of funding projects described in section 44923(a): 30, 2016: Provided, That for fiscal year 2012 and unaccompanied minor aliens: Provided further, Provided further, That none of the funds made thereafter, the annual budget submission of U.S. That of the total amount provided, $10,300,000 available in this Act may be used for any re- Customs and Border Protection for ‘‘Construc- shall remain available until September 30, 2013, cruiting or hiring of personnel into the Trans- tion and Facilities Management’’ shall, in con- for the Visa Security Program: Provided further, portation Security Administration that would sultation with the General Services Administra- That none of the funds provided under this cause the agency to exceed a staffing level of tion, include a detailed 5-year plan for all Fed- heading may be used to continue a delegation of 46,000 full-time equivalent screeners: Provided eral land border port of entry projects with a law enforcement authority authorized under further, That the preceding proviso shall not yearly update of total projected future funding section 287(g) of the Immigration and Nation- apply to personnel hired as part-time employees: needs delineated by land port of entry: Provided ality Act (8 U.S.C. 1357(g)) if the Department of Provided further, That not later than 90 days further, That the Commissioner of U.S. Customs Homeland Security Inspector General deter- after the date of enactment of this Act, the Sec- and Border Protection shall submit to the Com- mines that the terms of the agreement governing retary of Homeland Security shall submit to the mittees on Appropriations of the Senate and the the delegation of authority have been violated: Committees on Appropriations of the Senate and House of Representatives, at the time that the Provided further, That none of the funds pro- the House of Representatives a detailed report President’s budget is submitted each year under vided under this heading may be used to con- on— section 1105(a) of title 31, United States Code, tinue any contract for the provision of detention an inventory of the real property of U.S. Cus- (1) the Department of Homeland Security ef- services if the two most recent overall perform- toms and Border Protection and a plan for each forts and resources being devoted to develop ance evaluations received by the contracted fa- activity and project proposed for funding under more advanced integrated passenger screening cility are less than ‘‘adequate’’ or the equivalent this heading that includes the full cost by fiscal technologies for the most effective security of median score in any subsequent performance year of each activity and project proposed and passengers and baggage at the lowest possible evaluation system: Provided further, That noth- underway in fiscal year 2013. operating and acquisition costs; ing under this heading shall prevent U.S. Immi- (2) how the Transportation Security Adminis- U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT gration and Customs Enforcement from exer- tration is deploying its existing passenger and SALARIES AND EXPENSES cising those authorities provided under immigra- baggage screener workforce in the most cost ef- tion laws (as defined in section 101(a)(17) of the For necessary expenses for enforcement of im- fective manner; and migration and customs laws, detention and re- Immigration and Nationality Act (8 U.S.C. (3) labor savings from the deployment of im- movals, and investigations, including overseas 1101(a)(17))) during priority operations per- proved technologies for passenger and baggage vetted units operations; and purchase and lease taining to aliens convicted of a crime. screening and how those savings are being used of up to 3,790 (2,350 for replacement only) po- AUTOMATION MODERNIZATION to offset security costs or reinvested to address lice-type vehicles; $5,528,874,000; of which not to For expenses of immigration and customs en- security vulnerabilities: exceed $10,000,000 shall be available until ex- forcement automated systems, $21,710,000, to re- pended for conducting special operations under main available until September 30, 2016. Provided further, That Members of the United section 3131 of the Customs Enforcement Act of States House of Representatives and United TRANSPORTATION SECURITY ADMINISTRATION 1986 (19 U.S.C. 2081); of which not to exceed States Senate, including the leadership; the $12,750 shall be for official reception and rep- AVIATION SECURITY heads of Federal agencies and commissions, in- resentation expenses; of which not to exceed For necessary expenses of the Transportation cluding the Secretary, Deputy Secretary, Under $2,000,000 shall be for awards of compensation Security Administration related to providing Secretaries, and Assistant Secretaries of the De- to informants, to be accounted for solely under civil aviation security services pursuant to the partment of Homeland Security; the United the certificate of the Secretary of Homeland Se- Aviation and Transportation Security Act (Pub- States Attorney General, Deputy Attorney Gen- curity; of which not less than $305,000 shall be lic Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 eral, Assistant Attorneys General, and the for promotion of public awareness of the child note), $5,253,956,000, to remain available until United States Attorneys; and senior members of pornography tipline and activities to counter September 30, 2013, of which not to exceed $8,500 the Executive Office of the President, including child exploitation; of which not less than shall be for official reception and representation the Director of the Office of Management and $5,400,000 shall be used to facilitate agreements expenses: Provided, That of the total amount Budget, shall not be exempt from Federal pas- consistent with section 287(g) of the Immigration made available under this heading, not to ex- senger and baggage screening.

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SURFACE TRANSPORTATION SECURITY under this heading for Overseas Contingency (i) quantities planned for each fiscal year; For necessary expenses of the Transportation Operations/Global War on Terrorism may be al- and Security Administration related to surface located by program, project, and activity, not- (ii) major acquisition and project events, in- transportation security activities, $134,748,000, withstanding section 503 of this Act. cluding development of operational require- to remain available until September 30, 2013. ENVIRONMENTAL COMPLIANCE AND RESTORATION ments, contracting actions, design reviews, pro- TRANSPORTATION THREAT ASSESSMENT AND For necessary expenses to carry out the envi- duction, delivery, test and evaluation, and tran- CREDENTIALING ronmental compliance and restoration functions sition to operations, including necessary train- For necessary expenses for the development of the Coast Guard under chapter 19 of title 14, ing, shore infrastructure, and logistics; United States Code, $13,500,000, to remain avail- and implementation of screening programs of (C) notes and explains any deviations in cost, able until September 30, 2016. the Office of Transportation Threat Assessment performance parameters, schedule, or estimated and Credentialing, $163,954,000, to remain avail- RESERVE TRAINING date of completion from the original acquisition able until September 30, 2013. For necessary expenses of the Coast Guard program baseline and the most recent baseline TRANSPORTATION SECURITY SUPPORT Reserve, as authorized by law; operations and approved by the Department of Homeland Secu- maintenance of the Coast Guard reserve pro- For necessary expenses of the Transportation rity’s Acquisition Review Board, if applicable; gram; personnel and training costs; and equip- Security Administration related to transpor- ment and services; $134,278,000. (D) aligns the acquisition of each asset to mis- tation security support and intelligence pursu- sion requirements by defining existing capabili- ant to the Aviation and Transportation Security ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS ties of comparable legacy assets, identifying Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. For necessary expenses of acquisition, con- known capability gaps between such existing 40101 note), $1,031,926,000, to remain available struction, renovation, and improvement of aids capabilities and stated mission requirements, until September 30, 2013: Provided, That of the to navigation, shore facilities, vessels, and air- and explaining how the acquisition of each funds appropriated under this heading, craft, including equipment related thereto; and asset will address such known capability gaps; $20,000,000 may not be obligated for head- maintenance, rehabilitation, lease and oper- ation of facilities and equipment; as authorized (E) defines life-cycle costs for each asset and quarters administration until the Administrator the date of the estimate on which such costs are of the Transportation Security Administration by law; $1,403,924,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust based, including all associated costs of major ac- submits to the Committees on Appropriations of quisitions systems infrastructure and transition the Senate and the House of Representatives de- Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 to operations, delineated by purpose and fiscal tailed expenditure plans for air cargo security, year for the projected service life of the asset; checkpoint support, and explosives detection U.S.C. 2712(a)(5)); of which $20,000,000 shall re- systems refurbishment, procurement, and instal- main available until September 30, 2016, for mili- (F) includes the earned value management lations on an airport-by-airport basis for fiscal tary family housing, of which not more than system summary schedule performance index year 2012: Provided further, That these plans $14,000,000 shall be derived from the Coast and cost performance index for each asset, if ap- shall be submitted not later than 60 days after Guard Housing Fund, established pursuant to plicable; and the date of enactment of this Act. 14 U.S.C. 687; of which $642,000,000 shall be (G) includes a phase-out and decommissioning available until September 30, 2016, to acquire, ef- FEDERAL AIR MARSHALS schedule delineated by fiscal year for each exist- fect major repairs to, renovate, or improve ves- For necessary expenses of the Federal Air ing legacy asset that each asset is intended to sels, small boats, and related equipment; of replace or recapitalize: Marshals, $966,115,000. which $289,900,000 shall be available until Sep- COAST GUARD tember 30, 2016, to acquire, effect major repairs Provided further, That the Secretary of Home- OPERATING EXPENSES to, renovate, or improve aircraft or increase land Security shall ensure that amounts speci- fied in the future-years capital investment plan For necessary expenses for the operation and aviation capability; of which $161,140,000 shall are consistent, to the maximum extent prac- maintenance of the Coast Guard, not otherwise be available until September 30, 2016, for other ticable, with proposed appropriations necessary provided for; purchase or lease of not to exceed acquisition programs; of which $180,692,000 shall to support the programs, projects, and activities 25 passenger motor vehicles, which shall be for be available until September 30, 2016, for shore of the Coast Guard in the President’s budget as replacement only; purchase or lease of small facilities and aids to navigation, including wa- submitted under section 1105(a) of title 31, boats for contingent and emergent requirements terfront facilities at Navy installations used by United States Code, for that fiscal year: Pro- (at a unit cost of no more than $700,000) and re- the Coast Guard; of which $110,192,000 shall be vided further, That any inconsistencies between pairs and service-life replacements, not to ex- available for personnel compensation and bene- the capital investment plan and proposed appro- ceed a total of $31,000,000; purchase or lease of fits and related costs: Provided, That the funds priations shall be identified and justified: Pro- boats necessary for overseas deployments and provided by this Act shall be immediately avail- vided further, That subsections (a) and (b) of activities; minor shore construction projects not able and allotted to contract for long lead time section 6402 of Public Law 110–28 shall apply exceeding $1,000,000 in total cost at any loca- materials, components, and designs for the sixth with respect to the amounts made available tion; payments pursuant to section 156 of Public National Security Cutter notwithstanding the under this heading. Law 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); availability of funds for production costs or post-production costs: Provided further, That and recreation and welfare; $7,051,054,000, of RESEARCH, DEVELOPMENT, TEST, AND the Secretary of Homeland Security shall submit which $598,000,000 shall be for defense-related EVALUATION activities, of which $258,000,000 is designated by to the Committees on Appropriations of the Sen- the Congress for Overseas Contingency Oper- ate and the House of Representatives, at the For necessary expenses for applied scientific ations/Global War on Terrorism pursuant to sec- time that the President’s budget is submitted research, development, test, and evaluation; and tion 251(b)(2)(A) of the Balanced Budget and each year under section 1105(a) of title 31, for maintenance, rehabilitation, lease, and oper- Emergency Deficit Control Act of 1985; of which United States Code, a future-years capital in- ation of facilities and equipment; as authorized $24,500,000 shall be derived from the Oil Spill Li- vestment plan for the Coast Guard that identi- by law; $27,779,000, to remain available until ability Trust Fund to carry out the purposes of fies for each requested capital asset— September 30, 2016, of which $500,000 shall be (1) the proposed appropriations included in section 1012(a)(5) of the Oil Pollution Act of 1990 derived from the Oil Spill Liability Trust Fund that budget; (33 U.S.C. 2712(a)(5)); and of which not to ex- to carry out the purposes of section 1012(a)(5) of (2) the total estimated cost of completion, in- ceed $17,000 shall be for official reception and the Oil Pollution Act of 1990 (33 U.S.C. cluding and clearly delineating the costs of as- representation expenses: Provided, That none of 2712(a)(5)): Provided, That there may be cred- sociated major acquisition systems infrastruc- the funds made available by this Act shall be for ited to and used for the purposes of this appro- ture and transition to operations; priation funds received from State and local expenses incurred for recreational vessels under (3) projected funding levels for each fiscal section 12114 of title 46, United States Code, ex- governments, other public authorities, private year for the next 5 fiscal years or until acquisi- sources, and foreign countries for expenses in- cept to the extent fees are collected from owners tion program baseline or project completion, of yachts and credited to this appropriation: curred for research, development, testing, and whichever is earlier; evaluation. Provided further, That the Coast Guard shall (4) an estimated completion date at the pro- comply with the requirements of section 527 of jected funding levels; and RETIRED PAY the National Defense Authorization Act for Fis- (5) a current acquisition program baseline for cal Year 2004 (10 U.S.C. 4331 note) with respect each capital asset, as applicable, that— For retired pay, including the payment of ob- to the Coast Guard Academy: Provided further, (A) includes the total acquisition cost of each ligations otherwise chargeable to lapsed appro- That of the funds provided under this heading, asset, subdivided by fiscal year and including a priations for this purpose, payments under the $75,000,000 shall be withheld from obligation for detailed description of the purpose of the pro- Retired Serviceman’s Family Protection and Coast Guard Headquarters Directorates until a posed funding levels for each fiscal year, includ- Survivor Benefits Plans, payment for career sta- revised future-years capital investment plan for ing for each fiscal year funds requested for de- tus bonuses, concurrent receipts and combat-re- fiscal years 2013 through 2017, as specified sign, pre-acquisition activities, production, lated special compensation under the National under the heading Coast Guard ‘‘Acquisition, structural modifications, missionization, post- Defense Authorization Act, and payments for Construction, and Improvements’’ of this Act is delivery, and transition to operations costs; medical care of retired personnel and their de- submitted to the Committees on Appropriations (B) includes a detailed project schedule pendents under chapter 55 of title 10, United of the Senate and the House of Representatives: through completion, subdivided by fiscal year, States Code, $1,440,157,000, to remain available Provided further, That funds made available that details— until expended.

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UNITED STATES SECRET SERVICE formation are consistent with Department of as ‘‘in-service field staff’’): Provided further, SALARIES AND EXPENSES Homeland Security data center migration and That an expenditure plan for fiscal year 2012 For necessary expenses of the United States enterprise architecture requirements: Provided shall be provided to the Committees on Appro- Secret Service, including purchase of not to ex- further, That none of the funds made available priations of the Senate and the House of Rep- ceed 652 vehicles for police-type use for replace- to the United States Secret Service by this Act or resentatives not later than 60 days after the ment only; hire of passenger motor vehicles; by previous appropriations Acts may be obli- date of enactment of this Act: Provided further, purchase of motorcycles made in the United gated for the purpose of opening a new perma- That the Director of the Federal Protective Serv- States; hire of aircraft; services of expert wit- nent domestic or overseas office or location un- ice shall include with the submission of the nesses at such rates as may be determined by the less the Committees on Appropriations of the President’s fiscal year 2013 budget a strategic Director of the Secret Service; rental of build- Senate and the House of Representatives are no- human capital plan that aligns fee collections to ings in the District of Columbia, and fencing, tified 15 days in advance of such obligation. personnel requirements based on a current lighting, guard booths, and other facilities on ACQUISITION, CONSTRUCTION, IMPROVEMENTS, threat assessment. private or other property not in Government AND RELATED EXPENSES UNITED STATES VISITOR AND IMMIGRANT STATUS ownership or control, as may be necessary to For necessary expenses for acquisition, con- INDICATOR TECHNOLOGY perform protective functions; payment of per struction, repair, alteration, and improvement of For necessary expenses for the United States diem or subsistence allowances to employees in facilities, $5,380,000, to remain available until Visitor and Immigrant Status Indicator Tech- cases in which a protective assignment on the September 30, 2016. nology program, as authorized by section 110 of actual day or days of the visit of a protectee re- TITLE III the Illegal Immigration Reform and Immigrant quires an employee to work 16 hours per day or PROTECTION, PREPAREDNESS, RESPONSE, Responsibility Act of 1996 (8 U.S.C. 1365a), to remain overnight at a post of duty; conduct AND RECOVERY $306,802,000, of which $9,400,000 is for develop- of and participation in firearms matches; pres- ment of a comprehensive plan for implementa- entation of awards; travel of United States Se- NATIONAL PROTECTION AND PROGRAMS tion of biometric air exit and improvements to cret Service employees on protective missions DIRECTORATE biographic entry-exit capabilities: Provided, without regard to the limitations on such ex- MANAGEMENT AND ADMINISTRATION That of the total amount made available under penditures in this or any other Act if approval For salaries and expenses of the Office of the this heading, $194,295,000 is to remain available is obtained in advance from the Committees on Under Secretary for the National Protection and until September 30, 2014: Provided further, That Appropriations of the Senate and the House of Programs Directorate, support for operations, of the total amount provided, $50,000,000 may Representatives; research and development; information technology, and the Office of Risk not be obligated for the United States Visitor grants to conduct behavioral research in sup- Management and Analysis, $50,695,000: Pro- and Immigrant Status Indicator Technology port of protective research and operations; and vided, That not to exceed $4,250 shall be for offi- program until the Secretary of Homeland Secu- payment in advance for commercial accommoda- cial reception and representation expenses: Pro- rity submits to the Committees on Appropria- tions as may be necessary to perform protective vided further, That, subject to section 503 of this tions of the Senate and the House of Represent- functions; $1,661,237,000, of which not to exceed Act, the Secretary of Homeland Security may atives at the time that the President’s budget is $21,250 shall be for official reception and rep- transfer up to $4,241,000 to the Office of Policy submitted each year under section 1105(a) of resentation expenses; of which not to exceed under the heading Departmental Management title 31, United States Code, a multi-year invest- $100,000 shall be to provide technical assistance and Operations ‘‘Office of the Secretary and Ex- ment and management plan, to include each fis- and equipment to foreign law enforcement orga- ecutive Management’’ for activities related to cal year starting with the current fiscal year, nizations in counterfeit investigations; of which risk management and analysis: Provided fur- and the following 3 fiscal years, for the United $2,366,000 shall be for forensic and related sup- ther, That in the preceding proviso notification States Visitor and Immigrant Status Indicator port of investigations of missing and exploited shall take place not later than 90 days after the Technology program that includes— children; and of which $6,000,000 shall be for a date of enactment of this Act: Provided further, (1) the proposed appropriations for each activ- grant for activities related to investigations of That any funds not transferred pursuant to the ity tied to mission requirements and outcomes, missing and exploited children and shall remain penultimate proviso shall be available solely to program management capabilities, performance available until September 30, 2013: Provided, close out the Office of Risk Management and levels, and specific capabilities and services to That up to $18,000,000 for protective travel shall Analysis not later than September 30, 2012, and be delivered, noting any deviations in cost or remain available until September 30, 2013: Pro- shall not be available for further transfer or re- performance from the prior fiscal year expendi- vided further, That up to $19,307,000 for Na- programming pursuant to section 503 of this Act. ture or investment and management plan; tional Special Security Events shall remain INFRASTRUCTURE PROTECTION AND INFORMATION (2) the total estimated cost, projected funding available until September 30, 2013: Provided fur- SECURITY by fiscal year, and projected timeline of comple- ther, That the United States Secret Service is tion for all enhancements, modernizations, and For necessary expenses for infrastructure pro- authorized to obligate funds in anticipation of new capabilities proposed in such budget and tection and information security programs and reimbursements from Federal agencies and enti- underway, including and clearly delineating as- activities, as authorized by title II of the Home- ties, as defined in section 105 of title 5, United sociated efforts and funds requested by other land Security Act of 2002 (6 U.S.C. 121 et seq.), States Code, for personnel receiving training agencies within the Department of Homeland $888,243,000, of which $200,000,000 shall remain sponsored by the James J. Rowley Training Cen- Security and in the Federal Government, and available until September 30, 2013: Provided, ter, except that total obligations at the end of detailing any deviations in cost, performance, That the Under Secretary for the National Pro- the fiscal year shall not exceed total budgetary schedule, or estimated date of completion pro- tection and Programs Directorate shall submit a resources available under this heading at the vided in the prior fiscal year expenditure or in- plan for expenditure for the National Cyber Se- end of the fiscal year: Provided further, That vestment and management plan; and none of the funds made available under this curity Division and the Office of Infrastructure (3) a detailed accounting of operations and heading shall be available to compensate any Protection, to the Committees on Appropriations maintenance, contractor services, and program employee for overtime in an annual amount in of the Senate and the House of Representatives, costs associated with the management of iden- excess of $35,000, except that the Secretary of not later than 90 days after the date of enact- tity services. ment of this Act. Homeland Security, or the designee of the Sec- OFFICE OF HEALTH AFFAIRS FEDERAL PROTECTIVE SERVICE retary, may waive that amount as necessary for For necessary expenses of the Office of Health national security purposes: Provided further, The revenues and collections of security fees Affairs, $167,449,000; of which $29,671,000 is for That none of the funds made available to the credited to this account shall be available until salaries and expenses and $90,164,000 is for United States Secret Service by this Act or by expended for necessary expenses related to the BioWatch operations: Provided, That $47,614,000 previous appropriations Acts may be made protection of federally owned and leased build- shall remain available until September 30, 2013, available for the protection of the head of a ings and for the operations of the Federal Pro- for biosurveillance, BioWatch Generation 3, Federal agency other than the Secretary of tective Service: Provided, That the Secretary of chemical defense, medical and health planning Homeland Security: Provided further, That the Homeland Security and the Director of the Of- and coordination, and workforce health protec- Director of the United States Secret Service may fice of Management and Budget shall certify in tion: Provided further, That not to exceed $2,500 enter into an agreement to provide such protec- writing to the Committees on Appropriations of shall be for official reception and representation tion on a fully reimbursable basis: Provided fur- the Senate and the House of Representatives not expenses: Provided further, That the Assistant ther, That of the total amount made available later than December 31, 2011, that the oper- Secretary for the Office of Health Affairs shall under this heading, $43,843,000, to remain avail- ations of the Federal Protective Service will be submit an expenditure plan for fiscal year 2012 able until September 30, 2014, is for information fully funded in fiscal year 2012 through reve- to the Committees on Appropriations of the Sen- integration and technology transformation: Pro- nues and collection of security fees, and shall ate and the House of Representatives not later vided further, That $20,000,000 made available adjust the fees to ensure fee collections are suf- than 60 days after the date of enactment of this in the preceding proviso shall not be obligated to ficient to ensure that the Federal Protective Act. purchase or install information technology Service maintains not fewer than 1,371 full-time equipment until the Department of Homeland equivalent staff and 1,007 full-time equivalent FEDERAL EMERGENCY MANAGEMENT AGENCY Security Chief Information Officer submits a re- Police Officers, Inspectors, Area Commanders, SALARIES AND EXPENSES port to the Committees on Appropriations of the and Special Agents who, while working, are di- For necessary expenses of the Federal Emer- Senate and the House of Representatives certi- rectly engaged on a daily basis protecting and gency Management Agency, $895,350,000, includ- fying that all plans for integration and trans- enforcing laws at Federal buildings (referred to ing activities authorized by the National Flood

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.038 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9051 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), ing capabilities and stated mission requirements, this heading for expenses directly related to ad- the Robert T. Stafford Disaster Relief and Emer- and explaining how each increment will address ministration of the grant: Provided further, gency Assistance Act (42 U.S.C. 5121 et seq.), the a known capability gap; That 6.8 percent of the amounts provided under Cerro Grande Fire Assistance Act of 2000 (divi- (B) how programs provide quantifiable infor- this heading shall be transferred to the Federal sion C, title I, 114 Stat. 583), the Earthquake mation that aids in understanding national Emergency Management Agency ‘‘Salaries and Hazards Reduction Act of 1977 (42 U.S.C. 7701 et emergency management capabilities; Expenses’’ account for program administration: seq.), the Defense Production Act of 1950 (50 (C) how programs ensure information sharing Provided further, That for grants under para- U.S.C. App. 2061 et seq.), sections 107 and 303 of among homeland security partners; and graphs (1) and (2), the installation of commu- the National Security Act of 1947 (50 U.S.C. 404, (D) life-cycle costs for all acquisitions. nication towers is not considered construction of 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. STATE AND LOCAL PROGRAMS a building or other physical facility: Provided App.), the Homeland Security Act of 2002 (6 (INCLUDING TRANSFER OF FUNDS) further, That grantees shall provide reports on U.S.C. 101 et seq.), and the Post-Katrina Emer- their use of funds, as determined necessary by For grants, contracts, cooperative agreements, gency Management Reform Act of 2006 (Public the Secretary of Homeland Security: Provided and other activities, $1,349,681,000, which shall Law 109–295; 120 Stat. 1394): Provided, That not further, That in fiscal year 2012: (a) the Center be distributed, according to threat, vulner- to exceed $2,500 shall be for official reception for Domestic Preparedness may provide training ability, and consequence, at the discretion of and representation expenses: Provided further, to emergency response providers from the Fed- the Secretary of Homeland Security based on That the Administrator of the Federal Emer- eral Government, foreign governments, or pri- the following authorities: gency Management Agency may reprogram vate entities, if the Center for Domestic Pre- (1) The State Homeland Security Grant Pro- funds made available under this heading be- paredness is reimbursed for the cost of such gram under section 2004 of the Homeland Secu- tween programs, projects, and activities prior to training, and any reimbursement under this rity Act of 2002 (6 U.S.C. 605): Provided, That April 16, 2012, notwithstanding section 503 of subsection shall be credited to the account from notwithstanding subsection (c)(4) of such sec- this Act: Provided further, That $1,400,000 of the which the expenditure being reimbursed was tion 2004, for fiscal year 2012, the Common- funds available for the Office of the Adminis- made and shall be available, without fiscal year wealth of Puerto Rico shall make available to trator of the Federal Emergency Management limitation, for the purposes for which amounts local and tribal governments amounts provided Agency shall not be available for obligation in the account may be expended; (b) the head of to the Commonwealth of Puerto Rico under this until the Administrator of the Federal Emer- the Center for Domestic Preparedness shall en- paragraph in accordance with subsection (c)(1) gency Management Agency submits to the Com- sure that any training provided under (a) does mittees on Appropriations of the Senate and the of such section 2004. (2) The Urban Area Security Initiative under not interfere with the primary mission of the House of Representatives the National Pre- section 2003 of the Homeland Security Act of Center to train state and local emergency re- paredness Report required by Public Law 109– 2002 (6 U.S.C. 604). sponse providers; and (c) subject to (b), nothing 295 and a comprehensive plan to implement a (3) The Metropolitan Medical Response Sys- in (a) prohibits the Center for Domestic Pre- system to measure the effectiveness of grants to tem under section 635 of the Post-Katrina Emer- paredness from providing training to employees State and local communities in fiscal year 2012: gency Management Reform Act of 2006 (6 U.S.C. of the Federal Emergency Management Agency Provided further, That for purposes of plan- 723). in existing chemical, biological, radiological, nu- ning, coordination, execution, and decision (4) The Citizen Corps Program. clear, explosives, mass casualty, and medical making related to mass evacuation during a dis- (5) Public Transportation Security Assistance surge courses pursuant to 5 U.S.C. 4103 without aster, the Governors of the State of West Vir- and Railroad Security Assistance, under sec- reimbursement for the cost of such training. ginia and the Commonwealth of Pennsylvania, tions 1406 and 1513 of the Implementing Rec- FIREFIGHTER ASSISTANCE GRANTS or their designees, shall be incorporated into ef- ommendations of the 9/11 Commission Act of For necessary expenses for programs author- forts to integrate the activities of Federal, State, 2007 (6 U.S.C. 1135 and 1163), including Amtrak ized by the Federal Fire Prevention and Control and local governments in the National Capital security: Provided, That such public transpor- Act of 1974 (15 U.S.C. 2201 et seq.), $675,000,000, Region, as defined in section 882 of the Home- tation security assistance shall be provided di- to remain available until September 30, 2013, of land Security Act of 2002 (Public Law 107–296): rectly to public transportation agencies. which $337,500,000 shall be available to carry Provided further, That of the total amount (6) Over-the-Road Bus Security Assistance out section 33 of that Act (15 U.S.C. 2229) and made available under this heading, $41,250,000 under section 1532 of the Implementing Rec- $337,500,000 shall be available to carry out sec- shall be for the Urban Search and Rescue Re- ommendations of the 9/11 Commission Act of tion 34 of that Act (15 U.S.C. 2229a): Provided, sponse System, of which not to exceed $1,600,000 2007 (6 U.S.C. 1182). That not to exceed 5 percent of the amount may be made available for administrative costs; (7) Port Security Grants in accordance with 46 available under this heading shall be available $5,493,000 shall be for the Office of National U.S.C. 70107. for program administration. Capital Region Coordination; not to exceed (8) The Driver’s License Security Grants Pro- EMERGENCY MANAGEMENT PERFORMANCE GRANTS $12,000,000 shall remain available until Sep- gram in accordance with section 204 of the tember 30, 2013, for capital improvements at the For necessary expenses for emergency man- REAL ID Act of 2005 (49 U.S.C. 30301 note). agement performance grants, as authorized by Mount Weather Emergency Operations Center; (9) The Interoperable Emergency Communica- the National Flood Insurance Act of 1968 (42 and not less than $13,662,000 shall be for ex- tions Grant Program under section 1809 of the U.S.C. 4001 et seq.), the Robert T. Stafford Dis- penses related to modernization of automated Homeland Security Act of 2002 (6 U.S.C. 579). aster Relief and Emergency Assistance Act (42 systems: Provided further, That the Adminis- (10) Emergency Operations Centers under sec- U.S.C. 5121 et seq.), the Earthquake Hazards trator of the Federal Emergency Management tion 614 of the Robert T. Stafford Disaster Relief Reduction Act of 1977 (42 U.S.C. 7701 et seq.), Agency, in consultation with the Department of and Emergency Assistance Act (42 U.S.C. 5196c). and Reorganization Plan No. 3 of 1978 (5 U.S.C. Homeland Security Chief Information Officer, (11) Buffer Zone Protection Program Grants. App.), $350,000,000: Provided, That total admin- shall submit to the Committees on Appropria- (12) Organizations (as described under section istrative costs shall not exceed 3 percent of the tions of the Senate and the House of Represent- 501(c)(3) of the Internal Revenue Code of 1986 total amount appropriated under this heading. atives a strategic plan, not later than 180 days and exempt from tax section 501(a) of such code) after the date of enactment of this Act, for the determined by the Secretary to be at high risk of RADIOLOGICAL EMERGENCY PREPAREDNESS funds specified in the preceding proviso related a terrorist attack: PROGRAM to modernization of automated systems, that in- Provided, That of the amount provided under The aggregate charges assessed during fiscal cludes— this heading, $50,000,000 shall be for Operation year 2012, as authorized in title III of the De- (1) a comprehensive plan to automate and Stonegarden and no less than $100,000,000 shall partments of Veterans Affairs and Housing and modernize information systems to resolve cur- be for areas at the highest threat of a terrorist Urban Development, and Independent Agencies rent inefficiencies, integrate data, and aid in attack: Provided further, That $231,681,000 shall Appropriations Act, 1999 (42 U.S.C. 5196e), shall better performance of executing the Agency- be for training, exercises, technical assistance, not be less than 100 percent of the amounts an- wide mission; ticipated by the Department of Homeland Secu- (2) a description of the appropriations for and other programs, of which $155,500,000 shall be for training of State, local, and tribal emer- rity necessary for its radiological emergency pre- each project and activity tied to mission require- paredness program for the next fiscal year: Pro- ments and outcomes, program management ca- gency response providers: Provided further, That for grants under paragraphs (1) through vided, That the methodology for assessment and pabilities, performance levels, and specific capa- collection of fees shall be fair and equitable and bilities and services to be delivered; (12), applications for grants shall be made avail- able to eligible applicants not later than 60 days shall reflect costs of providing such services, in- (3) the total estimated cost and projected cluding administrative costs of collecting such timeline of completion for all multi-year en- after the date of enactment of this Act, that eli- gible applicants shall submit applications not fees: Provided further, That fees received under hancements, modernizations, and new capabili- this heading shall be deposited in this account ties proposed and underway covering a period of later than 80 days after the grant announce- ment, and the Administrator of the Federal as offsetting collections and will become avail- no less than 3 years; able for authorized purposes on October 1, 2012, (4) a detailed accounting of operations and Emergency Management Agency shall act with- and remain available until expended. maintenance and contractor services costs; and in 65 days after the receipt of an application: (5) the current or planned acquisition pro- Provided further, That notwithstanding section UNITED STATES FIRE ADMINISTRATION grams including— 2008(a)(11) of the Homeland Security Act of 2002 For necessary expenses of the United States (A) how the programs align to mission require- (6 U.S.C. 609(a)(11)), or any other provision of Fire Administration and for other purposes, as ments by defining existing capabilities, identi- law, a grantee may use not more than 5 percent authorized by the Federal Fire Prevention and fying known capability gaps between such exist- of the amount of a grant made available under Control Act of 1974 (15 U.S.C. 2201 et seq.) and

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.038 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9052 CONGRESSIONAL RECORD — HOUSE December 15, 2011 the Homeland Security Act of 2002 (6 U.S.C. 101 (i) the beginning and ending balances; 1968 shall be deposited in the National Flood In- et seq.), $44,038,000. (ii) the total obligations to include amounts surance Fund to supplement other amounts DISASTER RELIEF FUND obligated for fire assistance, emergencies, surge, specified as available for section 1366 of the Na- (INCLUDING TRANSFER OF FUNDS) and disaster support activities; tional Insurance Act of 1968, notwithstanding (iii) the obligations for catastrophic events de- subsection (f)(8) of such section 102 (42 U.S.C. For necessary expenses in carrying out the lineated by event and by State; and 4012a(f)(8) and subsection 1366(i) and para- Robert T. Stafford Disaster Relief and Emer- (iv) the amount of previously obligated funds graphs (2) and (3) of section 1367(b) of the Na- gency Assistance Act (42 U.S.C. 5121 et seq.), that are recovered; tional Flood Insurance Act of 1968 (42 U.S.C. $700,000,000, to remain available until expended, (C) a summary of allocations, obligations, and 4104c(i), 4104d(b)(2)–(3)): Provided further, That of which $24,000,000 shall be transferred to the expenditures for catastrophic events delineated total administrative costs shall not exceed 4 per- Department of Homeland Security Office of In- by event; and cent of the total appropriation. spector General for audits and investigations re- (D) the date on which funds appropriated will NATIONAL PREDISASTER MITIGATION FUND lated to disasters: Provided, That the Adminis- be exhausted. trator of the Federal Emergency Management For the predisaster mitigation grant program Agency shall submit an expenditure plan to the DISASTER ASSISTANCE DIRECT LOAN PROGRAM under section 203 of the Robert T. Stafford Dis- Committees on Appropriations of the Senate and ACCOUNT aster Relief and Emergency Assistance Act (42 the House of Representatives detailing the use For activities under section 319 of the Robert U.S.C. 5133), $35,500,000, to remain available of the funds made available in this or any other T. Stafford Disaster Relief and Emergency As- until expended: Provided, That the total admin- Act for disaster readiness and support not later sistance Act (42 U.S.C. 5162), $295,000 is for the istrative costs associated with such grants shall than 60 days after the date of enactment of this cost of direct loans: Provided, That gross obliga- not exceed $3,000,000 of the total amount made Act: Provided further, That the Administrator of tions for the principal amount of direct loans available under this heading. the Federal Emergency Management Agency shall not exceed $25,000,000: Provided further, EMERGENCY FOOD AND SHELTER That the cost of modifying such loans shall be shall submit to such Committees a quarterly re- To carry out the emergency food and shelter as defined in section 502 of the Congressional port detailing obligations against the expendi- program pursuant to title III of the McKinney- Budget Act of 1974 (2 U.S.C. 661a). ture plan and a justification for any changes Vento Homeless Assistance Act (42 U.S.C. 11331 from the initial plan: Provided further, That the FLOOD HAZARD MAPPING AND RISK ANALYSIS et seq.), $120,000,000, to remain available until matter under this heading in title III of division PROGRAM expended: Provided, That total administrative E of Public Law 110–161 is amended by striking For necessary expenses, including administra- costs shall not exceed 3.5 percent of the total the fourth proviso: Provided further, That the tive costs, under section 1360 of the National amount made available under this heading. Administrator of the Federal Emergency Man- Flood Insurance Act of 1968 (42 U.S.C. 4101), TITLE IV agement Agency shall submit to the Committees $97,712,000, and such additional sums as may be RESEARCH AND DEVELOPMENT, on Appropriations of the Senate and the House provided by State and local governments or TRAINING, AND SERVICES of Representatives the following reports, includ- other political subdivisions for cost-shared map- ing a specific description of the methodology ping activities under section 1360(f)(2) of such UNITED STATES CITIZENSHIP AND IMMIGRATION and the source data used in developing such re- Act (42 U.S.C. 4101(f)(2)), to remain available SERVICES ports: until expended. For necessary expenses for citizenship and im- (1) an estimate of the following amounts shall NATIONAL FLOOD INSURANCE FUND migration services, $102,424,000 for the E-Verify be submitted for the budget year at the time that Program, as described in section 403(a) of the Il- For activities under the National Flood Insur- the President’s budget is submitted each year legal Immigration Reform and Immigrant Re- ance Act of 1968 (42 U.S.C. 4001 et seq.) and the under section 1105(a) of title 31, United States sponsibility Act of 1996 (8 U.S.C. 1324a note), to Flood Disaster Protection Act of 1973 (42 U.S.C. Code: assist United States employers with maintaining 4001 et seq.), $171,000,000, which shall be derived (A) the unobligated balance of funds to be a legal workforce: Provided, That notwith- from offsetting collections assessed and collected carried over from the prior fiscal year to the standing any other provision of law, funds oth- under section 1308(d) of the National Flood In- budget year; erwise made available to United States Citizen- (B) the unobligated balance of funds to be surance Act of 1968 (42 U.S.C. 4015(d)); of which ship and Immigration Services may be used to carried over from the budget year to the budget not to exceed $22,000,000 shall be available for acquire, operate, equip, and dispose of up to 5 year plus 1; salaries and expenses associated with flood miti- vehicles, for replacement only, for areas where (C) the amount of obligations for non-cata- gation and flood insurance operations; and not the Administrator of General Services does not strophic events for the budget year; less than $149,000,000 shall be available for flood provide vehicles for lease: Provided further, (D) the amount of obligations for the budget plain management and flood mapping, which That the Director of United States Citizenship year for catastrophic events delineated by event shall remain available until September 30, 2013: and Immigration Services may authorize em- and by State; Provided, That any additional fees collected ployees who are assigned to those areas to use (E) the total amount that has been previously pursuant to section 1308(d) of the National such vehicles to travel between the employees’ obligated or will be required for catastrophic Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) residences and places of employment. events delineated by event and by State for all shall be credited as an offsetting collection to prior years, the current year, the budget year, this account, to be available for flood plain FEDERAL LAW ENFORCEMENT TRAINING CENTER the budget year plus 1, the budget year plus 2, management and flood mapping: Provided fur- SALARIES AND EXPENSES and the budget year plus 3 and beyond; ther, That in fiscal year 2012, no funds shall be For necessary expenses of the Federal Law (F) the amount of previously obligated funds available from the National Flood Insurance Enforcement Training Center, including mate- that will be recovered for the budget year; Fund under section 1310 of that Act (42 U.S.C. (G) the amount that will be required for obli- rials and support costs of Federal law enforce- 4017) in excess of: gations for emergencies, as described in section ment basic training; the purchase of not to ex- (1) $132,000,000 for operating expenses; 102(1) of the Robert T. Stafford Disaster Relief ceed 117 vehicles for police-type use and hire of (2) $1,007,571,000 for commissions and taxes of passenger motor vehicles; expenses for student and Emergency Assistance Act (42 U.S.C. agents; 5122(1)), major disasters, as described in section athletic and related activities; the conduct of (3) such sums as are necessary for interest on and participation in firearms matches and pres- 102(2) of the Robert T. Stafford Disaster Relief Treasury borrowings; and and Emergency Assistance Act (42 U.S.C. entation of awards; public awareness and en- (4) $60,000,000, which shall remain available hancement of community support of law en- 5122(2)), fire management assistance grants, as until expended for flood mitigation actions; of described in section 420 of the Robert T. Stafford forcement training; room and board for student which not less than $10,000,000 is for severe re- interns; a flat monthly reimbursement to em- Disaster Relief and Emergency Assistance Act petitive loss properties under section 1361A of (42 U.S.C. 5187), surge activities, and disaster ployees authorized to use personal mobile the National Flood Insurance Act of 1968 (42 phones for official duties; and services as au- readiness and support activities; U.S.C. 4102a); of which $10,000,000 shall be for (H) the amount required for activities not cov- thorized by section 3109 of title 5, United States repetitive insurance claims properties under sec- ered under section 251(b)(2)(D)(iii) of the Bal- Code; $238,957,000; of which up to $48,978,000 tion 1323 of the National Flood Insurance Act of anced Budget and Emergency Deficit Control shall remain available until September 30, 2013, 1968 (42 U.S.C. 4030); and of which $40,000,000 Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public for materials and support costs of Federal law shall be for flood mitigation assistance under Law 99–177); enforcement basic training; of which $300,000 (2) an estimate or actual amounts, if avail- section 1366 of the National Flood Insurance Act shall remain available until expended to be dis- able, of the following for the current fiscal year of 1968 (42 U.S.C. 4104c), notwithstanding sub- tributed to Federal law enforcement agencies for shall be submitted not later than the fifth day paragraphs (B) and (C) of subsection (b)(3) and expenses incurred participating in training ac- of each month beginning with the first full subsection (f) of section 1366 of the National creditation; and of which not to exceed $10,200 month after the date of enactment of this Act: Flood Insurance Act of 1968 (42 U.S.C. 4104c) shall be for official reception and representation (A) a summary of the amount of appropria- and notwithstanding subsection (a)(7) of section expenses: Provided, That the Center is author- tions made available by source, the transfers ex- 1310 of the National Flood Insurance Act of 1968 ized to obligate funds in anticipation of reim- ecuted, the previously allocated funds recov- (42 U.S.C. 4017): bursements from agencies receiving training ered, and the commitments, allocations, and ob- Provided further, That the amounts collected sponsored by the Center, except that total obli- ligations made; under section 102 of the Flood Disaster Protec- gations at the end of the fiscal year shall not (B) a table of disaster relief activity delineated tion Act of 1973 (42 U.S.C. 4012a) and section exceed total budgetary resources available at the by month, including— 1366(i) of the National Flood Insurance Act of end of the fiscal year: Provided further, That

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.038 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9053 section 1202(a) of Public Law 107–206 (42 U.S.C. (3) describe the investments necessary to close (3) results from any general savings from a re- 3771 note), as amended by Public Law 111–83 known vulnerabilities and gaps, including asso- duction in personnel that would result in a (123 Stat. 2166), is further amended by striking ciated costs and timeframes, and estimates of change in existing programs, projects, or activi- ‘‘December 31, 2012’’ and inserting ‘‘December feasibility and cost effectiveness; and ties as approved by the Congress, unless the 31, 2014’’: Provided further, That the Director of (4) explain how the Department’s research Committees on Appropriations of the Senate and the Federal Law Enforcement Training Center and development funding is furthering the im- the House of Representatives are notified 15 shall schedule basic or advanced law enforce- plementation of the domestic nuclear detection days in advance of such reprogramming of ment training, or both, at all four training fa- architecture, including specific investments funds. cilities under the control of the Federal Law En- planned for each of fiscal years 2012 and 2013. (c) Not to exceed 5 percent of any appropria- forcement Training Center to ensure that such RESEARCH, DEVELOPMENT, AND OPERATIONS tion made available for the current fiscal year training facilities are operated at the highest ca- for the Department of Homeland Security by For necessary expenses for radiological and this Act or provided by previous appropriations pacity throughout the fiscal year: Provided fur- nuclear research, development, testing, evalua- ther, That the Federal Law Enforcement Train- Acts may be transferred between such appro- tion, and operations, $215,000,000, to remain priations, but no such appropriation, except as ing Accreditation Board, including representa- available until September 30, 2014. tives from the Federal law enforcement commu- otherwise specifically provided, shall be in- nity and non-Federal accreditation experts in- SYSTEMS ACQUISITION creased by more than 10 percent by such trans- volved in law enforcement training, shall lead For expenses for the Domestic Nuclear Detec- fers: Provided, That any transfer under this sec- the Federal law enforcement training accredita- tion Office acquisition and deployment of radio- tion shall be treated as a reprogramming of tion process to continue the implementation of logical detection systems in accordance with the funds under subsection (b) and shall not be measuring and assessing the quality and effec- global nuclear detection architecture, available for obligation unless the Committees tiveness of Federal law enforcement training $37,000,000, to remain available until September on Appropriations of the Senate and the House programs, facilities, and instructors. 30, 2014. of Representatives are notified 15 days in ad- vance of such transfer. ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, TITLE V (d) Notwithstanding subsections (a), (b), and AND RELATED EXPENSES GENERAL PROVISIONS (c) of this section, no funds shall be repro- For acquisition of necessary additional real SEC. 501. No part of any appropriation con- grammed within or transferred between appro- property and facilities, construction, and ongo- tained in this Act shall remain available for ob- priations after June 30, except in extraordinary ing maintenance, facility improvements, and re- ligation beyond the current fiscal year unless circumstances that imminently threaten the lated expenses of the Federal Law Enforcement expressly so provided herein. safety of human life or the protection of prop- Training Center, $32,456,000, to remain available SEC. 502. Subject to the requirements of section erty. until September 30, 2016: Provided, That the 503 of this Act, the unexpended balances of (e) The notification thresholds and procedures Center is authorized to accept reimbursement to prior appropriations provided for activities in set forth in this section shall apply to any use this appropriation from government agencies re- this Act may be transferred to appropriation ac- of deobligated balances of funds provided in questing the construction of special use facili- counts for such activities established pursuant previous Department of Homeland Security Ap- ties. to this Act, may be merged with funds in the ap- propriations Acts. SCIENCE AND TECHNOLOGY plicable established accounts, and thereafter SEC. 504. The Department of Homeland Secu- MANAGEMENT AND ADMINISTRATION may be accounted for as one fund for the same rity Working Capital Fund, established pursu- ant to section 403 of Public Law 103–356 (31 For salaries and expenses of the Office of the time period as originally enacted. U.S.C. 501 note), shall continue operations as a Under Secretary for Science and Technology SEC. 503. (a) None of the funds provided by permanent working capital fund for fiscal year and for management and administration of pro- this Act, provided by previous appropriations 2012: Provided, That none of the funds appro- grams and activities, as authorized by title III of Acts to the agencies in or transferred to the De- partment of Homeland Security that remain priated or otherwise made available to the De- the Homeland Security Act of 2002 (6 U.S.C. 181 partment of Homeland Security may be used to et seq.), $135,000,000: Provided, That not to ex- available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the make payments to the Working Capital Fund, ceed $8,500 shall be for official reception and except for the activities and amounts allowed in representation expenses. Treasury of the United States derived by the collection of fees available to the agencies fund- the President’s fiscal year 2012 budget: Provided RESEARCH, DEVELOPMENT, ACQUISITION, AND ed by this Act, shall be available for obligation further, That funds provided to the Working OPERATIONS or expenditure through a reprogramming of Capital Fund shall be available for obligation For necessary expenses for science and tech- funds that: until expended to carry out the purposes of the nology research, including advanced research (1) creates a new program, project, or activity; Working Capital Fund: Provided further, That projects, development, test and evaluation, ac- (2) eliminates a program, project, office, or ac- all departmental components shall be charged quisition, and operations as authorized by title tivity; only for direct usage of each Working Capital III of the Homeland Security Act of 2002 (6 (3) increases funds for any program, project, Fund service: Provided further, That funds pro- U.S.C. 181 et seq.), and the purchase or lease of or activity for which funds have been denied or vided to the Working Capital Fund shall be used not to exceed 5 vehicles, $533,000,000, of which restricted by the Congress; only for purposes consistent with the contrib- $356,500,000, to remain available until September (4) proposes to use funds directed for a spe- uting component: Provided further, That the 30, 2014; and of which $176,500,000, to remain cific activity by either of the Committees on Ap- Working Capital Fund shall be paid in advance available until September 30, 2016, solely for op- propriations of the Senate or the House of Rep- or reimbursed at rates which will return the full eration and construction of laboratory facilities. resentatives for a different purpose; or cost of each service: Provided further, That the DOMESTIC NUCLEAR DETECTION OFFICE (5) contracts out any function or activity for Working Capital Fund shall be subject to the re- quirements of section 503 of this Act. MANAGEMENT AND ADMINISTRATION which funding levels were requested for Federal SEC. 505. Except as otherwise specifically pro- full-time equivalents in the object classification For salaries and expenses of the Domestic Nu- vided by law, not to exceed 50 percent of unobli- tables contained in the fiscal year 2012 Budget clear Detection Office, as authorized by title gated balances remaining available at the end of XIX of the Homeland Security Act of 2002 (6 Appendix for the Department of Homeland Se- fiscal year 2012 from appropriations for salaries U.S.C. 591 et seq.), for management and admin- curity, as modified by the joint explanatory and expenses for fiscal year 2012 in this Act istration of programs and activities, $38,000,000: statement accompanying this Act, unless the shall remain available through September 30, Provided, That not to exceed $2,500 shall be for Committees on Appropriations of the Senate and 2013, in the account and for the purposes for official reception and representation expenses: the House of Representatives are notified 15 which the appropriations were provided: Pro- Provided further, That not later than 180 days days in advance of such reprogramming of vided, That prior to the obligation of such after the date of enactment of this Act, the Sec- funds. funds, a request shall be submitted to the Com- retary of Homeland Security shall submit to the (b) None of the funds provided by this Act, mittees on Appropriations of the Senate and the Committees on Appropriations of the Senate and provided by previous appropriations Acts to the House of Representatives for approval in ac- the House of Representatives a strategic plan of agencies in or transferred to the Department of cordance with section 503 of this Act. investments necessary to implement the Depart- Homeland Security that remain available for ob- SEC. 506. Funds made available by this Act for ment of Homeland Security’s responsibilities ligation or expenditure in fiscal year 2012, or intelligence activities are deemed to be specifi- under the domestic component of the global nu- provided from any accounts in the Treasury of cally authorized by the Congress for purposes of clear detection architecture that shall: the United States derived by the collection of section 504 of the National Security Act of 1947 (1) define each Departmental entity’s roles fees or proceeds available to the agencies funded (50 U.S.C. 414) during fiscal year 2012 until the and responsibilities in support of the domestic by this Act, shall be available for obligation or enactment of an Act authorizing intelligence ac- detection architecture, including any existing or expenditure for programs, projects, or activities tivities for fiscal year 2012. planned programs to pre-screen cargo or convey- through a reprogramming of funds in excess of SEC. 507. (a) Except as provided in subsections ances overseas; $5,000,000 or 10 percent, whichever is less, that: (b) and (c), none of the funds made available by (2) identify and describe the specific invest- (1) augments existing programs, projects, or this Act may be used to— ments being made by Departmental organiza- activities; (1) make or award a grant allocation, grant, tions in fiscal year 2012, and planned for fiscal (2) reduces by 10 percent funding for any ex- contract, other transaction agreement, task or year 2013, to support the domestic architecture isting program, project, or activity, or reduces delivery order on a Department of Homeland Se- and the security of sea, land, and air pathways the numbers of personnel by 10 percent as ap- curity multiple award contract, or to issue a let- into the United States; proved by the Congress; or ter of intent totaling in excess of $1,000,000;

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.038 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9054 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (2) award a task or delivery order requiring partment of Homeland Security shall submit to waiver authority was used: Provided, That the an obligation of funds in an amount greater the Committees on Appropriations of the Senate Secretary may not delegate the authority to than $10,000,000 from multi-year Department of and the House of Representatives a monthly grant such a waiver. Homeland Security funds or a task or delivery budget and staffing report for that month that (d) In addition to the requirements established order that would cause cumulative obligations includes total obligations, on-board versus fund- by subsections (a), (b), and (c) of this section, of multi-year funds in a single account to ex- ed full-time equivalent staffing levels, and the the Inspector General of the Department of ceed 50 percent of the total amount appro- number of contract employees for each office of Homeland Security shall review departmental priated; or the Department. contracts awarded through means other than a (3) announce publicly the intention to make SEC. 515. None of the funds appropriated by full and open competition to assess depart- or award items under paragraph (1) or (2), in- this Act may be used to process or approve a mental compliance with applicable laws and cluding a contract covered by the Federal Ac- competition under Office of Management and regulations: Provided, That the Inspector Gen- quisition Regulation. Budget Circular A–76 for services provided as of eral shall review selected contracts awarded in (b) The Secretary of Homeland Security may June 1, 2004, by employees (including employees the previous fiscal year through means other waive the prohibition under subsection (a) if the serving on a temporary or term basis) of United than a full and open competition: Provided fur- Secretary notifies the Committees on Appropria- States Citizenship and Immigration Services of ther, That in selecting which contracts to re- tions of the Senate and the House of Represent- the Department of Homeland Security who are view, the Inspector General shall consider the atives at least 3 full business days in advance of known as of that date as Immigration Informa- cost and complexity of the goods and services to making an award or issuing a letter as described tion Officers, Contact Representatives, or Inves- be provided under the contract, the criticality of in that subsection. tigative Assistants. the contract to fulfilling Department missions, (c) If the Secretary of Homeland Security de- SEC. 516. Except as provided in section 44945 past performance problems on similar contracts termines that compliance with this section of title 49, United States Code, funds appro- or by the selected vendor, complaints received would pose a substantial risk to human life, priated or transferred to Transportation Secu- about the award process or contractor perform- health, or safety, an award may be made with- rity Administration ‘‘Aviation Security’’, ‘‘Ad- ance, and such other factors as the Inspector out notification, and the Secretary shall notify ministration’’, and ‘‘Transportation Security General deems relevant: Provided further, That the Committees on Appropriations of the Senate Support’’ for fiscal years 2004 and 2005 that are the Inspector General shall report the results of and the House of Representatives not later than recovered or deobligated shall be available only the reviews to the Committees on Appropriations 5 full business days after such an award is made for the procurement or installation of explosives of the Senate and the House of Representatives or letter issued. no later than February 6, 2012. (d) A notification under this section— detection systems, air cargo, baggage, and checkpoint screening systems, subject to notifi- SEC. 521. None of the funds provided by this or (1) may not involve funds that are not avail- previous appropriations Acts shall be used to able for obligation; and cation: Provided, That quarterly reports shall be submitted to the Committees on Appropriations fund any position designated as a Principal (2) shall include the amount of the award, the Federal Official (or the successor thereto) for of the Senate and the House of Representatives fiscal year for which the funds for the award any Robert T. Stafford Disaster Relief and on any funds that are recovered or deobligated. were appropriated, and the account from which Emergency Assistance Act (42 U.S.C. 5121 et the funds are being drawn. SEC. 517. Any funds appropriated to Coast Guard ‘‘Acquisition, Construction, and Improve- seq.) declared disasters or emergencies unless— (e) The Administrator of the Federal Emer- (1) The responsibilities of the Principal Fed- ments’’ for fiscal years 2002, 2003, 2004, 2005, gency Management Agency shall brief the Com- eral Official do not include operational func- and 2006 for the 110–123 foot patrol boat conver- mittees on Appropriations of the Senate and the tions related to incident management, including sion that are recovered, collected, or otherwise House of Representatives 5 full business days in coordination of operations, and are consistent received as the result of negotiation, mediation, advance of announcing publicly the intention of with the requirements of subsection 509(c) and making an award under ‘‘State and Local Pro- or litigation, shall be available until expended subsections 503(c)(3) and (c)(4)(A) of the Home- grams’’. for the Fast Response Cutter program. land Security Act of 2002 (6 U.S.C. 319(c) and SEC. 518. Section 532(a) of Public Law 109–295 SEC. 508. Notwithstanding any other provision 313(c)(3) and (c)(4)(A)) and section 302 of the (120 Stat. 1384) is amended by striking ‘‘2011’’ of law, no agency shall purchase, construct, or Robert T. Stafford Disaster Relief and Assist- and inserting ‘‘2012’’. lease any additional facilities, except within or ance Act (42 U.S.C. 5143); contiguous to existing locations, to be used for SEC. 519. The functions of the Federal Law (2) Not later than 10 business days after the the purpose of conducting Federal law enforce- Enforcement Training Center instructor staff latter of the date on which the Secretary of ment training without the advance approval of shall be classified as inherently governmental Homeland Security appoints the Principal Fed- the Committees on Appropriations of the Senate for the purpose of the Federal Activities Inven- eral Official and the date on which the Presi- and the House of Representatives, except that tory Reform Act of 1998 (31 U.S.C. 501 note). dent issues a declaration under section 401 or the Federal Law Enforcement Training Center SEC. 520. (a) Except as provided in subsection section 501 of the Robert T. Stafford Disaster is authorized to obtain the temporary use of ad- (b), none of the funds appropriated in this or Relief and Emergency Assistance Act (42 U.S.C. ditional facilities by lease, contract, or other any other Act to the ‘‘Office of the Secretary 5170 and 5191, respectively), the Secretary of agreement for training that cannot be accommo- and Executive Management’’, the ‘‘Office of the Homeland Security shall submit a notification of dated in existing Center facilities. Under Secretary for Management’’, or the ‘‘Of- the appointment of the Principal Federal Offi- SEC. 509. None of the funds appropriated or fice of the Chief Financial Officer’’, may be ob- cial and a description of the responsibilities of otherwise made available by this Act may be ligated for a grant or contract funded under such Official and how such responsibilities are used for expenses for any construction, repair, such headings by any means other than full and consistent with paragraph (1) to the Committees alteration, or acquisition project for which a open competition. on Appropriations of the Senate and the House prospectus otherwise required under chapter 33 (b) Subsection (a) does not apply to obligation of Representatives, the Transportation and In- of title 40, United States Code, has not been ap- of funds for a contract awarded— frastructure Committee of the House of Rep- proved, except that necessary funds may be ex- (1) by a means that is required by a Federal resentatives, and the Homeland Security and pended for each project for required expenses for statute, including obligation for a purchase Governmental Affairs Committee of the Senate; the development of a proposed prospectus. made under a mandated preferential program, and SEC. 510. Sections 520, 522, and 530, of the De- including the AbilityOne Program, that is au- (3) Not later than 60 days after the date of en- partment of Homeland Security Appropriations thorized under the Javits-Wagner-O’Day Act (41 actment of this Act, the Secretary shall provide Act, 2008 (division E of Public Law 110–161; 121 U.S.C. 46 et seq.); a report specifying timeframes and milestones Stat. 2073 and 2074) shall apply with respect to (2) pursuant to the Small Business Act (15 regarding the update of operations, planning funds made available in this Act in the same U.S.C. 631 et seq.); and policy documents, and training and exercise manner as such sections applied to funds made (3) in an amount less than the simplified ac- protocols, to ensure consistency with paragraph available in that Act. quisition threshold described under section (1) of this section. SEC. 511. None of the funds made available in 302A(a) of the Federal Property and Administra- SEC. 522. None of the funds made available in this Act may be used in contravention of the ap- tive Services Act of 1949 (41 U.S.C. 252a(a)); or this or any other Act for fiscal years 2012 and plicable provisions of the Buy American Act (41 (4) by another Federal agency using funds thereafter may be used to enforce section 4025(1) U.S.C. 10a et seq.). provided through an interagency agreement. of Public Law 108–458 unless the Administrator SEC. 512. None of the funds made available in (c)(1) Subject to paragraph (2), the Secretary of the Transportation Security Administration this Act may be used by any person other than of Homeland Security may waive the applica- reverses the determination of July 19, 2007, that the Privacy Officer appointed under subsection tion of this section for the award of a contract butane lighters are not a significant threat to (a) of section 222 of the Homeland Security Act in the interest of national security or if failure civil aviation security. of 2002 (6 U.S.C. 142(a)) to alter, direct that to do so would pose a substantial risk to human SEC. 523. None of the funds provided or other- changes be made to, delay, or prohibit the trans- health or welfare. wise made available in this Act shall be avail- mission to Congress of any report prepared (2) Not later than 5 days after the date on able to carry out section 872 of the Homeland under paragraph (6) of such subsection. which the Secretary of Homeland Security issues Security Act of 2002 (6 U.S.C. 452). SEC. 513. None of the funds made available in a waiver under this subsection, the Secretary SEC. 524. Funds made available in this Act this Act may be used to amend the oath of alle- shall submit notification of that waiver to the may be used to alter operations within the Civil giance required by section 337 of the Immigra- Committees on Appropriations of the Senate and Engineering Program of the Coast Guard na- tion and Nationality Act (8 U.S.C. 1448). the House of Representatives, including a de- tionwide, including civil engineering units, fa- SEC. 514. Within 45 days after the end of each scription of the applicable contract to which the cilities design and construction centers, mainte- month, the Chief Financial Officer of the De- waiver applies and an explanation of why the nance and logistics commands, and the Coast

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.038 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9055 Guard Academy, except that none of the funds to exceed a 90-day supply: Provided further, due diligence requirements, necessary environ- provided in this Act may be used to reduce oper- That the prescription drug may not be— mental remediation at Plum Island, and reim- ations within any Civil Engineering Unit unless (1) a controlled substance, as defined in sec- bursement of expenses incurred by the General specifically authorized by a statute enacted tion 102 of the Controlled Substances Act (21 Services Administration. after the date of enactment of this Act. U.S.C. 802); or SEC. 539. Any official that is required by this SEC. 525. None of the funds made available in (2) a biological product, as defined in section Act to report or to certify to the Committees on this Act may be used by United States Citizen- 351 of the Public Health Service Act (42 U.S.C. Appropriations of the Senate and the House of ship and Immigration Services to grant an immi- 262). Representatives may not delegate such author- gration benefit unless the results of background SEC. 533. None of the funds appropriated by ity to perform that act unless specifically au- checks required by law to be completed prior to this Act may be used to conduct, or to implement thorized herein. the granting of the benefit have been received the results of, a competition under Office of SEC. 540. Section 550(b) of the Department of by United States Citizenship and Immigration Management and Budget Circular A–76 for ac- Homeland Security Appropriations Act, 2007 Services, and the results do not preclude the tivities performed with respect to the Coast (Public Law 109–295; 6 U.S.C. 121 note), as granting of the benefit. Guard National Vessel Documentation Center. amended by section 550 of the Department of SEC. 526. None of the funds made available in SEC. 534. The Secretary of Homeland Security, Homeland Security Appropriations Act, 2010 this or any other Act for fiscal year 2012 and in consultation with the Secretary of the Treas- (Public Law 111–83), is further amended by thereafter may be used to destroy or put out to ury, shall notify the Committees on Appropria- striking ‘‘on October 4, 2011’’ and inserting ‘‘on pasture any horse or other equine belonging to tions of the Senate and the House of Represent- October 4, 2012’’. any component or agency of the Department of atives of any proposed transfers of funds avail- SEC. 541. None of the funds appropriated or Homeland Security that has become unfit for able under section 9703.1 (g)(4)(B) of title 31, otherwise made available in this or any other service, unless the trainer or handler is first United States Code (as added by Public Law Act may be used to transfer, release, or assist in given the option to take possession of the equine 102–393) from the Department of the Treasury the transfer or release to or within the United through an adoption program that has safe- Forfeiture Fund to any agency within the De- States, its territories, or possessions Khalid guards against slaughter and inhumane treat- partment of Homeland Security: Provided, That Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member ment. none of the funds identified for such a transfer of the Armed Forces of the United States; and EC. 527. Section 831 of the Homeland Security may be obligated until the Committees on Ap- S (2) is or was held on or after June 24, 2009, at Act of 2002 (6 U.S.C. 391) is amended— propriations of the Senate and the House of the United States Naval Station, Guantanamo (1) in subsection (a), by striking ‘‘Until Sep- Representatives approve the proposed transfers. Bay, Cuba, by the Department of Defense. tember 30, 2011,’’ and inserting ‘‘Until September SEC. 535. None of the funds made available in SEC. 542. None of the funds made available in this Act may be used for planning, testing, pilot- 30, 2012,’’; this Act may be used for first-class travel by the (2) by striking subsection (b); ing, or developing a national identification employees of agencies funded by this Act in con- (3) by redesignating subsections (c), (d), and card. travention of sections 301–10.122 through 301.10– (e) as subsections (b), (c), and (d), respectively; SEC. 536. If the Administrator of the Transpor- 124 of title 41, Code of Federal Regulations. and tation Security Administration determines that SEC. 543. None of the funds made available in (4) in subsection (c)(1) (as redesignated by an airport does not need to participate in the E- this Act may be used to propose or effect a dis- paragraph (3) of this section), by striking ‘‘Sep- Verify Program as described in section 403(a) of ciplinary or adverse action, with respect to any tember 30, 2011,’’ and inserting ‘‘September 30, the Illegal Immigration Reform and Immigrant Department of Homeland Security employee who 2012,’’. Responsibility Act of 1996 (8 U.S.C. 1324a note), engages regularly with the public in the per- SEC. 528. The Secretary of Homeland Security the Administrator shall certify to the Commit- formance of his or her official duties solely be- shall require that all contracts of the Depart- tees on Appropriations of the Senate and the cause that employee elects to utilize protective ment of Homeland Security that provide award House of Representatives that no security risks equipment or measures, including but not lim- fees link such fees to successful acquisition out- will result from such non-participation. ited to surgical masks, N95 respirators, gloves, or comes (which outcomes shall be specified in SEC. 537. (a) Notwithstanding any other provi- hand-sanitizers, where use of such equipment or terms of cost, schedule, and performance). sion of this Act, except as provided in subsection measures is in accord with Department of Home- SEC. 529. Notwithstanding any other provision (b), and 30 days after the date on which the land Security policy, and Centers for Disease of law, none of the funds provided in this or President determines whether to declare a major Control and Prevention and Office of Personnel any other Act shall be used to approve a waiver disaster because of an event and any appeal is Management guidance. of the navigation and vessel-inspection laws completed, the Administrator shall publish on SEC. 544. None of the funds made available in pursuant to 46 U.S.C. 501(b) for the transpor- the Web site of the Federal Emergency Manage- this Act may be used to employ workers de- tation of crude oil distributed from the Strategic ment Agency a report regarding that decision scribed in section 274A(h)(3) of the Immigration Petroleum Reserve until the Secretary of Home- that shall summarize damage assessment infor- and Nationality Act (8 U.S.C. 1324a(h)(3)). land Security, after consultation with the Secre- mation used to determine whether to declare a SEC. 545. (a) Any company that collects or re- taries of the Departments of Energy and Trans- major disaster. tains personal information directly from any in- portation and representatives from the United (b) The Administrator may redact from a re- dividual who participates in the Registered States flag maritime industry, takes adequate port under subsection (a) any data that the Ad- Traveler program of the Transportation Security measures to ensure the use of United States flag ministrator determines would compromise na- Administration shall safeguard and dispose of vessels: Provided, That the Secretary shall no- tional security. such information in accordance with the re- tify the Committees on Appropriations of the (c) In this section— quirements in— Senate and the House of Representatives, the (1) the term ‘‘Administrator’’ means the Ad- (1) the National Institute for Standards and Committee on Commerce, Science, and Transpor- ministrator of the Federal Emergency Manage- Technology Special Publication 800–30, entitled tation of the Senate, and the Committee on ment Agency; and ‘‘Risk Management Guide for Information Tech- Transportation and Infrastructure of the House (2) the term ‘‘major disaster’’ has the meaning nology Systems’’; of Representatives within 48 hours of any re- given that term in section 102 of the Robert T. (2) the National Institute for Standards and quest for waivers of navigation and vessel-in- Stafford Disaster Relief and Emergency Assist- Technology Special Publication 800–53, Revision spection laws pursuant to 46 U.S.C. 501(b). ance Act (42 U.S.C. 5122). 3, entitled ‘‘Recommended Security Controls for SEC. 530. None of the funds made available to SEC. 538. (a) Notwithstanding any other provi- Federal Information Systems and Organiza- the Office of the Secretary and Executive Man- sion of law during fiscal year 2012 or any subse- tions,’’; and agement under this Act may be expended for quent fiscal year, if the Secretary of Homeland (3) any supplemental standards established by any new hires by the Department of Homeland Security determines that the National Bio- and the Administrator of the Transportation Secu- Security that are not verified through the E- Agro-defense Facility should be located at a site rity Administration (referred to in this section Verify Program as described in section 403(a) of other than Plum Island, New York, the Sec- as the ‘‘Administrator’’). the Illegal Immigration Reform and Immigrant retary shall ensure that the Administrator of (b) The airport authority or air carrier oper- Responsibility Act of 1996 (8 U.S.C. 1324a note). General Services sells through public sale all ator that sponsors the company under the Reg- SEC. 531. None of the funds in this Act shall real and related personal property and trans- istered Traveler program shall be known as the be used to reduce the United States Coast portation assets which support Plum Island op- Sponsoring Entity. Guard’s Operations Systems Center mission or erations, subject to such terms and conditions as (c) The Administrator shall require any com- its government-employed or contract staff levels. may be necessary to protect Government inter- pany covered by subsection (a) to provide, not SEC. 532. None of the funds made available in ests and meet program requirements. later than 30 days after the date of enactment of this Act for U.S. Customs and Border Protection (b) The proceeds of such sale described in sub- this Act, to the Sponsoring Entity written cer- may be used to prevent an individual not in the section (a) shall be deposited as offsetting collec- tification that the procedures used by the com- business of importing a prescription drug (with- tions into the Department of Homeland Security pany to safeguard and dispose of information in the meaning of section 801(g) of the Federal Science and Technology ‘‘Research, Develop- are in compliance with the requirements under Food, Drug, and Cosmetic Act) from importing a ment, Acquisition, and Operations’’ account subsection (a). Such certification shall include a prescription drug from Canada that complies and, subject to appropriation, shall be available description of the procedures used by the com- with the Federal Food, Drug, and Cosmetic Act: until expended, for site acquisition, construc- pany to comply with such requirements. Provided, That this section shall apply only to tion, and costs related to the construction of the SEC. 546. For fiscal year 2012 and thereafter, individuals transporting on their person a per- National Bio- and Agro-defense Facility, includ- for purposes of section 210C of the Homeland Se- sonal-use quantity of the prescription drug, not ing the costs associated with the sale, including curity Act of 2002 (6 U.S.C. 124j), a rural area

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00087 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.038 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9056 CONGRESSIONAL RECORD — HOUSE December 15, 2011 shall also include any area that is located in a ties and appropriate stakeholders) if a release or individuals, so long as the fees charged do metropolitan statistical area and a county, bor- occurs, to detect and control the spread of dis- not exceed the full costs associated with the ough, parish, or area under the jurisdiction of ease; and service or thing of value provided: Provided, an Indian tribe with a population of not more (3) include overall risks of the most dangerous That notwithstanding 31 U.S.C. 3302(b), fees than 50,000. pathogens the Department of Homeland Secu- collected by the Advanced Training Center are SEC. 547. Notwithstanding any other provision rity expects to hold in the National Bio- and to be deposited into a separate account entitled of this Act, none of the funds appropriated or Agro-defense Facility’s biosafety level 4 facility, ‘‘Advanced Training Center Revolving Fund’’, otherwise made available by this Act may be and effectiveness of mitigation strategies to re- and be available, without further appropria- used to pay award or incentive fees for con- duce those risks. tions, for necessary expenses of the Advanced tractor performance that has been judged to be (c) The Department of Homeland Security Training Center program, and are to remain below satisfactory performance or performance shall enter into a contract with the National available until expended. that does not meet the basic requirements of a Academy of Sciences to evaluate the adequacy SEC. 558. Section 559(e) of Public Law 111–83 contract. and validity of the risk assessment required by is amended— SEC. 548. (a) Not later than 180 days after the subsection (a). The National Academy of (a) in the matter preceding the first proviso, date of enactment of this Act, the Administrator Sciences shall submit a report on such evalua- by striking ‘‘law, sell’’ and inserting ‘‘law, here- of the Transportation Security Administration tion within four months after the date the De- after sell’’; and shall submit to the Committees on Appropria- partment of Homeland Security concludes its (b) in the first proviso— tions of the Senate and the House of Represent- risk assessment. (1) by striking ‘‘shall be deposited’’ and in- atives, a report that either— SEC. 551. (a) Notwithstanding section 1356(n) serting ‘‘shall hereafter be deposited’’; and (1) certifies that the requirement for screening of title 8, United States Code, of the funds de- (2) by striking ‘‘subject to appropriation,’’ and all air cargo on passenger aircraft by the dead- posited into the Immigration Examinations Fee inserting ‘‘without further appropriations,’’. line under section 44901(g) of title 49, United Account, $10,000,000 shall be available to United SEC. 559. Notwithstanding any other provision States Code, has been met; or States Citizenship and Immigration Services in of law, should the Secretary of Homeland Secu- (2) includes a strategy to comply with the re- fiscal year 2012 for the purpose of providing an rity determine that specific U.S. Immigration quirements under title 44901(g) of title 49, United immigrant integration grants program. and Customs Enforcement Service Processing States Code, including— (b) None of the funds made available to Centers or other U.S. Immigration and Customs (A) a plan to meet the requirement under sec- United States Citizenship and Immigration Serv- Enforcement owned detention facilities no tion 44901(g) of title 49, United States Code, to ices for grants for immigrant integration may be longer meet the mission need, the Secretary is screen 100 percent of air cargo transported on used to provide services to aliens who have not authorized to dispose of individual Service Proc- passenger aircraft arriving in the United States been lawfully admitted for permanent residence. essing Centers or other U.S. Immigration and in foreign air transportation (as that term is de- SEC. 552. For an additional amount for nec- Customs Enforcement owned detention facilities fined in section 40102 of that title); and essary expenses for reimbursement of the actual by directing the Administrator of General Serv- (B) specification of— costs to State and local governments for pro- ices to sell all real and related personal property (i) the percentage of such air cargo that is viding emergency management, public safety, which support Service Processing Centers or being screened; and and security at events, as determined by the Ad- other U.S. Immigration and Customs Enforce- (ii) the schedule for achieving screening of 100 ministrator of the Federal Emergency Manage- ment owned detention facilities, subject to such percent of such air cargo. ment Agency, related to the presence of a Na- terms and conditions as necessary to protect (b) The Administrator shall continue to submit tional Special Security Event, $7,500,000, to re- Government interests and meet program require- reports described in subsection (a)(2) every 180 main available until September 30, 2013. ments: Provided, That the proceeds, net of the days thereafter until the Administrator certifies SEC. 553. Notwithstanding the 10 percent limi- costs of sale incurred by the General Services that the Transportation Security Administration tation contained in section 503(c) of this Act, Administration and U.S. Immigration and Cus- has achieved screening of 100 percent of such air the Secretary of Homeland Security may trans- toms Enforcement, shall be deposited as offset- cargo. fer to the fund established by 8 U.S.C. 1101 note, ting collections into a separate account that SEC. 549. In developing any process to screen up to $20,000,000 from appropriations available shall be available, subject to appropriation, aviation passengers and crews for transpor- to the Department of Homeland Security: Pro- until expended for other real property capital tation or national security purposes, the Sec- vided, That the Secretary shall notify the Com- asset needs of existing U.S. Immigration and retary of Homeland Security shall ensure that mittees on Appropriations of the Senate and the Customs Enforcement assets, excluding daily op- all such processes take into consideration such House of Representatives 5 days in advance of erations and maintenance costs, as the Sec- passengers’ and crews’ privacy and civil lib- such transfer. retary deems appropriate: Provided further, erties consistent with applicable laws, regula- SEC. 554. The administrative law judge annu- That any sale or collocation of federally owned tions, and guidance. itants participating in the Senior Administrative detention facilities shall not result in the main- SEC. 550. (a) None of the funds made available Law Judge Program managed by the Director of tenance of fewer than 34,000 detention beds: in this Act may be obligated for construction of the Office of Personnel Management under sec- Provided further, That the Committees on Ap- the National Bio- and Agro-defense Facility tion 3323 of title 5, United States Code, shall be propriations of the Senate and the House of until the Department of Homeland Security— available on a temporary re-employment basis to Representatives shall be notified 15 days prior to (1) completes 50 percent of design planning for conduct arbitrations of disputes as part of the the announcement of any proposed sale or col- the National Bio- and Agro-defense Facility; arbitration panel established by the President location. (2) submits to the Committees on Appropria- under section 601 of division A of the American SEC. 560. For an additional amount for the tions of the Senate and the House of Represent- Recovery and Reinvestment Act of 2009 (Public ‘‘Office of the Under Secretary for Manage- atives a revised site-specific biosafety and bio- Law 111–5; 123 Stat. 164). ment’’, $55,979,000, to remain available until ex- security mitigation risk assessment that de- SEC. 555. None of the funds appropriated or pended, for necessary expenses to plan, acquire, scribes how to significantly reduce risks of con- otherwise made available by this Act may be construct, renovate, remediate, equip, furnish, ducting essential research and diagnostic testing used by the Department of Homeland Security and occupy buildings and facilities for the con- at the National Bio- and Agro-defense Facility to enter into any federal contract unless such solidation of department headquarters at St. and addresses shortcomings identified in the Na- contract is entered into in accordance with the Elizabeths and associated mission support con- tional Academy of Sciences’ evaluation of the requirements of the Federal Property and Ad- solidation: Provided, That the Committees on initial site-specific biosafety and biosecurity ministrative Services Act of 1949 (41 U.S.C. 253) Appropriations of the Senate and the House of mitigation risk assessment; and or Chapter 137 of title 10, United States Code, Representatives shall receive an expenditure (3) submits to the Committees on Appropria- and the Federal Acquisition Regulation, unless plan not later than 90 days after the date of en- tions of the Senate and the House of Represent- such contract is otherwise authorized by statute actment of this Act detailing the allocation of atives the results of the National Academy of to be entered into without regard to the above these funds. Sciences’ review of the risk assessment as de- referenced statutes. SEC. 561. None of the funds made available by scribed in subsection (c). SEC. 556. (a) For an additional amount for this Act may be used to enforce the requirements (b) The revised site-specific biosafety and bio- data center migration, $70,000,000. in— security mitigation risk assessment required by (b) Funds made available in subsection (a) for (1) section 34(a)(1)(A) of the Federal Fire Pre- subsection (a) shall— data center migration may be transferred by the vention and Control Act of 1974 (15 U.S.C. (1) include a quantitative risk assessment for Secretary of Homeland Security between appro- 2229(a)(1)(A)); foot-and-mouth disease virus, in particular epi- priations for the same purpose, notwithstanding (2) section 34(a)(1)(B) of such Act; demiological and economic impact modeling to section 503 of this Act. (3) section 34(c)(1) of such Act; determine the overall risk of operating the facil- (c) No transfer described in subsection (b) (4) section 34(c)(2) of such Act; ity for its expected 50-year life span, taking into shall occur until 15 days after the Committees (5) section 34(c)(4)(A) of such Act; and account strategies to mitigate risk of foot-and- on Appropriations of the Senate and the House (6) section 34(a)(1)(E) of such Act. mouth disease virus release from the laboratory of Representatives are notified of such transfer. SEC. 562. Notwithstanding the requirement and ensure safe operations at the approved Na- SEC. 557. For fiscal year 2012 and thereafter, under section 34(a)(1)(A) of the Federal Fire tional Bio- and Agro-defense Facility site; U.S. Customs and Border Protection’s Advanced Prevention and Control Act of 1974 (15 U.S.C. (2) address the impact of surveillance, re- Training Center is authorized to charge fees for 2229a(a)(1)(A)) that grants must be used to in- sponse, and mitigation plans (developed in con- any service and/or thing of value it provides to crease the number of firefighters in fire depart- sultation with local, State, and Federal authori- Federal Government or non-government entities ments, the Secretary of Homeland Security, in

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making grants under section 34 of such Act (i) the covered assistance was distributed SEC. 568. The Commissioner of U.S. Customs using the funds appropriated for fiscal year based on an error by the Federal Emergency and Border Protection and the Assistant Sec- 2011, shall grant waivers from the requirements Management Agency; retary of Homeland Security for U.S. Immigra- of subsections (a)(1)(B), (c)(1), (c)(2), and (ii) there was no fault on behalf of the debtor; tion and Customs Enforcement each shall sub- (c)(4)(A) of such section: Provided, That section and mit to the Committees on Appropriations of the 34(a)(1)(E) of such Act shall not apply with re- (iii) the collection of the debt would be against Senate and the House of Representatives with spect to funds appropriated for fiscal year 2011 equity and good conscience; and the congressional budget justification, a multi- for grants under section 34 of such Act: Pro- (B) may not waive a debt under subparagraph year investment and management plan, to in- vided further, That the Secretary of Homeland (A) if the debt involves fraud, the presentation clude each year starting with the current fiscal Security, in making grants under section 34 of of a false claim, or misrepresentation by the year and the 3 subsequent fiscal years, for their such Act, shall ensure that funds appropriated debtor or any party having an interest in the respective Offices of Information Technology to for fiscal year 2011 are made available for the claim. include for that office— hiring, rehiring, or retention of firefighters. (3) PRESUMPTION OF REPAYMENT.—In deter- (1) the funding level by source for all funds to SEC. 563. For fiscal year 2012 and thereafter, mining whether to waive a debt under para- be executed; notwithstanding section 1012(a)(5) of the Oil graph (2), the Administrator of the Federal (2) the funding included for each project and Pollution Act of 1990 (33 U.S.C. 2712(a)(5)) and Emergency Management Agency shall presume activity tied to mission requirements, program 31 U.S.C. 3302, in the event that a spill of na- that, if the adjusted gross income (as defined management capabilities, performance levels, tional significance occurs, any payment of under section 62 of the Internal Revenue Code and specific capabilities and services to be deliv- amounts from the Oil Spill Liability Trust Fund of 1986) of the household of the debtor for the ered; pursuant to section 1012(a)(1) of the Oil Pollu- last taxable year ending in or with the calendar (3) the total estimated cost and projected tion Act of 1990 (33 U.S.C. 2712(a)(1)) for the re- year preceding the date on which the income is timeline of completion for all multi-year en- moval costs incurred by the Coast Guard for determined exceeds $90,000, the debtor should be hancements, modernizations, and new capabili- such spill, shall be credited directly to the ac- required to make at least a partial payment on ties proposed in the current fiscal year or under- counts of the Coast Guard current at the time the debt. way; and such removal costs were incurred or when reim- (4) REPORTING.—Not later than 3 months after (4) a detailed accounting of operation and bursement is received: Provided, That such the date of enactment of this Act, and every 3 maintenance costs. amounts shall be merged with and, without fur- months thereafter until the date that is 18 SEC. 569. The Secretary of Homeland Security ther appropriations, made available for the same months after the date of enactment of this Act, shall ensure enforcement of immigration laws time period and the same purpose as the appro- the Inspector General of the Department of (as defined in section 101(a)(17) of the Immigra- priation to which it is credited. Homeland Security shall submit a report that tion and Nationality Act (8 U.S.C. 1101(a)(17))). SEC. 564. (a) CIVIL PENALTIES FOR CIRCUM- assesses the cost-effectiveness of the efforts of (RESCISSIONS) VENTING SECURITY SCREENING.—Section the Federal Emergency Management Agency to SEC. 570. Of the funds transferred to the De- 46301(a)(5)(A)(i) of title 49, United States Code, recoup improper payments under the Individ- partment of Homeland Security when it was cre- is amended— uals and Household Program under section 408 ated in 2003, the following funds are hereby re- (1) by striking ‘‘or chapter 449’’ and inserting of the Robert T. Stafford Disaster Relief and scinded from the following accounts and pro- ‘‘chapter 449’’; and Emergency Assistance Act (42 U.S.C. 5174) to— grams in the specified amounts: (2) by inserting ‘‘, or section 46314(a)’’ after (A) the Committee on Homeland Security and (1) $2,577,000 from Coast Guard ‘‘Acquisition, ‘‘44909)’’. Governmental Affairs and the Subcommittee on Construction, and Improvements’’; (b) CRIMINAL PENALTIES FOR CIRCUMVENTING Homeland Security of the Committee on Appro- (2) $5,355,296 from U.S. Immigration and Cus- SECURITY SCREENING.—Section 46314(b)(2) of priations of the Senate; and toms Enforcement ‘‘Salaries and Expenses’’; title 49, United States Code, is amended by in- (B) the Committee on Homeland Security, the (3) $99,012 from U.S. Immigration and Customs serting ‘‘with intent to evade security proce- Committee on Transportation and Infrastruc- Enforcement ‘‘Violent Crime Reduction Pro- dures or restrictions or’’ after ‘‘of this section’’. ture, and the Subcommittee on Homeland Secu- grams’’; (c) NOTICE OF PENALTIES.—Section 46314 of rity of the Committee on Appropriations of the (4) $3,332,541 from U.S. Customs and Border title 49, United States Code, is amended by add- House of Representatives. Protection ‘‘Salaries and Expenses’’; ing at the end the following new subsection: SEC. 566. (a) Notwithstanding section 312 of (5) $3,121,248 from Department of Homeland ‘‘(c) NOTICE OF PENALTIES.— the Robert T. Stafford Disaster Relief and Emer- Security ‘‘Office for Domestic Preparedness’’; ‘‘(1) IN GENERAL.—Each operator of an airport gency Assistance Act and subject to subsection (6) $678,213 from Federal Emergency Manage- in the United States that is required to establish (b), recipients of Small Business Administration ment Agency ‘‘National Predisaster Mitigation an air transportation security program pursuant Disaster loans for disaster-related damage to Fund’’; to section 44903(c) shall ensure that signs that their homes may be eligible for reimbursement at (7) $5,201,000 from ‘‘Working Capital Fund’’; meet such requirements as the Secretary of the discretion of the state, under Section 404 of (8) $95,998 from ‘‘Counterterrorism Fund’’; Homeland Security may prescribe providing no- that Act, for documented and eligible mitigation (9) $41,091 from U.S. Customs and Border Pro- tice of the penalties imposed under section work performed on their home. tection ‘‘Violent Crime Reduction Fund’’; and 46301(a)(5)(A)(i) and subsection (b) of this sec- (b) LIMITATIONS.— (10) $153,095 from U.S. Immigration and Cus- tion are displayed near all screening locations, (1) Any reimbursement provided to or on be- toms Enforcement ‘‘Violent Crime Reduction all locations where passengers exit the sterile half of a homeowner pursuant to subsection (a) Trust Fund’’. area, and such other locations at the airport as shall not exceed the amount of the disaster loan (RESCISSIONS) the Secretary of Homeland Security determines that may be used and was used for disaster miti- SEC. 571. The following unobligated balances appropriate. gation activities; and made available to the Department of Homeland ‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An indi- (2) Subsection (a) shall only apply if the dis- Security pursuant to section 505 of Department vidual shall be subject to a penalty imposed aster loan and assistance provided under section of Homeland Security Appropriations Act, 2011 under section 46301(a)(5)(A)(i) or subsection (b) 404 were made available in response to the same (Public Law 112–10; 125 Stat. 147) are rescinded: of this section without regard to whether signs disaster declaration. (1) $178,783 from ‘‘Analysis and Operations’’; are displayed at an airport as required by para- (3) Shall be applicable only to disasters de- (2) $1,619,907 from U.S. Customs and Border graph (1).’’. clared by the President under section 401 of the Protection ‘‘Salaries and Expenses’’; SEC. 565. (a) SHORT TITLE.—This section may Robert T. Stafford Disaster Relief and Emer- (3) $296,022 from Transportation Security Ad- be cited as the ‘‘Disaster Assistance Recoupment gency Assistance Act (42 U.S.C. 5170) during the ministration ‘‘Federal Air Marshals’’; Fairness Act of 2011’’. period beginning on August 28, 2005 and ending (4) $37,800,412 from Coast Guard ‘‘Operating (b) DEBTS SINCE 2005.— on August 28, 2006. Expenses’’; (1) DEFINITION.—In this section, the term (c) If a state chooses to use funds under sec- (5) $879,153 from Coast Guard ‘‘Acquisition, ‘‘covered assistance’’ means assistance pro- tion 404 to reimburse homeowners as provided in Construction, and Improvements’’; vided— subsection (a), it shall make payments in the (6) $1,104,347 from United States Secret Service (A) under section 408 of the Robert T. Stafford following order: ‘‘Salaries and Expenses’’; Disaster Relief and Emergency Assistance Act (1) First, to the Small Business Administration (7) $97,046 from National Protection and Pro- (42 U.S.C. 5174); and on behalf of the eligible homeowner for the pur- grams Directorate ‘‘Management and Adminis- (B) in relation to a major disaster declared by pose of reducing, but not below zero, the home- tration’’; the President under section 401 of the Robert T. owner’s outstanding debt obligation to the Small (8) $78,764 from National Protection and Pro- Stafford Disaster Relief and Emergency Assist- Business Administration for the disaster loan; grams Directorate ‘‘Infrastructure Protection ance Act (42 U.S.C. 5170) during the period be- and and Information Security’’; ginning on August 28, 2005, and ending on De- (2) Second, any remaining reimbursement (9) $117,133 from Office of Health Affairs ‘‘Sal- cember 31, 2010. shall be paid directly to the homeowner. aries and Expenses’’; (2) WAIVER AUTHORITY.—The Administrator of SEC. 567. None of the funds made available (10) $1,301,581 from ‘‘United States Citizenship the Federal Emergency Management Agency— under this Act or any prior appropriations Act and Immigration Services’’; (A) subject to subparagraph (B) and para- may be provided to the Association of Commu- (11) $369,032 from Federal Law Enforcement graph (3), may waive a debt owed to the United nity Organizations for Reform Now (ACORN), Training Center ‘‘Salaries and Expenses’’; States related to covered assistance provided to or any of its affiliates, subsidiaries, or allied or- (12) $279,098 from Science and Technology an individual or household if— ganizations. ‘‘Management and Administration’’;

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.038 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9058 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (13) $1,072,938 from Domestic Nuclear Detec- mining claim maintenance fees and location fees any unauthorized person, without regard to tion Office ‘‘Management and Administration’’; that are hereby authorized for fiscal year 2012 whether all moneys collected from each such ac- and so as to result in a final appropriation estimated tion are used on the exact lands damaged which (14) $216,744 from Federal Emergency Manage- at not more than $961,900,000, and $2,000,000, to led to the action: Provided further, That any ment Agency ‘‘Management and Administra- remain available until expended, from commu- such moneys that are in excess of amounts need- tion’’. nication site rental fees established by the Bu- ed to repair damage to the exact land for which (RESCISSIONS) reau for the cost of administering communica- funds were collected may be used to repair other tion site activities. damaged public lands. SEC. 572. Of the funds appropriated to the De- partment of Homeland Security, the following CONSTRUCTION MISCELLANEOUS TRUST FUNDS unobligated balances are hereby rescinded from For construction of buildings, recreation fa- In addition to amounts authorized to be ex- the following accounts and programs in the cilities, roads, trails, and appurtenant facilities, pended under existing laws, there is hereby ap- specified amounts: $3,576,000, to remain available until expended. propriated such amounts as may be contributed (1) $10,000,000 from U.S. Immigration and Cus- LAND ACQUISITION under section 307 of the Act of October 21, 1976 toms Enforcement ‘‘Salaries and Expenses’’; (43 U.S.C. 1701), and such amounts as may be For expenses necessary to carry out sections (2) $10,000,000 from U.S. Immigration and Cus- advanced for administrative costs, surveys, ap- 205, 206, and 318(d) of Public Law 94–579, in- toms Enforcement ‘‘Automation Moderniza- praisals, and costs of making conveyances of cluding administrative expenses and acquisition tion’’; omitted lands under section 211(b) of that Act, of lands or waters, or interests therein, (3) $5,000,000 from U.S. Customs and Border to remain available until expended. $22,380,000, to be derived from the Land and Protection ‘‘Automation Modernization’’: Pro- ADMINISTRATIVE PROVISIONS vided, That no funds shall be rescinded from Water Conservation Fund and to remain avail- able until expended. The Bureau of Land Management may carry prior year appropriations provided for the TECS out the operations funded under this Act by di- OREGON AND CALIFORNIA GRANT LANDS modernization program; rect expenditure, contracts, grants, cooperative (4) $71,300,000 from Transportation Security For expenses necessary for management, pro- agreements and reimbursable agreements with Administration ‘‘Aviation Security’’ account tection, and development of resources and for public and private entities, including with 70x0550; construction, operation, and maintenance of ac- States. Appropriations for the Bureau shall be (5) $7,000,000 from U.S. Customs and Border cess roads, reforestation, and other improve- available for purchase, erection, and dismantle- Protection ‘‘Border Security Fencing, Infra- ments on the revested Oregon and California ment of temporary structures, and alteration structure, and Technology’’; Railroad grant lands, on other Federal lands in and maintenance of necessary buildings and ap- (6) $2,427,336 from Coast Guard ‘‘Acquisition, the Oregon and California land-grant counties purtenant facilities to which the United States Construction, and Improvements’’; of Oregon, and on adjacent rights-of-way; and has title; up to $100,000 for payments, at the dis- (7) $5,000,000 from the ‘‘Office of the Chief In- acquisition of lands or interests therein, includ- formation Officer’’ related to Emerge2; and cretion of the Secretary, for information or evi- ing existing connecting roads on or adjacent to dence concerning violations of laws adminis- (8) $27,400,000 from National Protection and such grant lands; $112,043,000, to remain avail- Programs Directorate ‘‘United States Visitor and tered by the Bureau; miscellaneous and emer- able until expended: Provided, That 25 percent gency expenses of enforcement activities author- Immigrant Indicator Technology’’. of the aggregate of all receipts during the cur- SEC. 573. Sections 1309(a) and 1319 of the Na- ized or approved by the Secretary and to be ac- rent fiscal year from the revested Oregon and counted for solely on the Secretary’s certificate, tional Flood Insurance Act of 1968 (42 U.S.C. California Railroad grant lands is hereby made 4016(a) and 4026) are each amended by striking not to exceed $10,000: Provided, That notwith- a charge against the Oregon and California standing Public Law 90–620 (44 U.S.C. 501), the ‘‘September 30, 2011’’ and inserting ‘‘the earlier land-grant fund and shall be transferred to the of the date of the enactment into law of an Act Bureau may, under cooperative cost-sharing General Fund in the Treasury in accordance and partnership arrangements authorized by that specifically amends the date specified in with the second paragraph of subsection (b) of this section or May 31, 2012’’. law, procure printing services from cooperators title II of the Act of August 28, 1937 (50 Stat. in connection with jointly produced publica- This division may be cited as the ‘‘Department 876). of Homeland Security Appropriations Act, tions for which the cooperators share the cost of RANGE IMPROVEMENTS 2012’’. printing either in cash or in services, and the For rehabilitation, protection, and acquisition Bureau determines the cooperator is capable of DIVISION E—DEPARTMENT OF THE INTE- of lands and interests therein, and improvement meeting accepted quality standards: Provided RIOR, ENVIRONMENT, AND RELATED of Federal rangelands pursuant to section 401 of further, That projects to be funded pursuant to AGENCIES APPROPRIATIONS ACT, 2012 the Federal Land Policy and Management Act a written commitment by a State government to TITLE I of 1976 (43 U.S.C. 1701), notwithstanding any provide an identified amount of money in sup- DEPARTMENT OF THE INTERIOR other Act, sums equal to 50 percent of all mon- port of the project may be carried out by the Bu- BUREAU OF LAND MANAGEMENT eys received during the prior fiscal year under reau on a reimbursable basis. Appropriations herein made shall not be available for the de- MANAGEMENT OF LANDS AND RESOURCES sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount designated struction of healthy, unadopted, wild horses For necessary expenses for protection, use, im- for range improvements from grazing fees and and burros in the care of the Bureau or its con- provement, development, disposal, cadastral sur- mineral leasing receipts from Bankhead-Jones tractors or for the sale of wild horses and burros veying, classification, acquisition of easements lands transferred to the Department of the Inte- that results in their destruction for processing and other interests in lands, and performance of rior pursuant to law, but not less than into commercial products. other functions, including maintenance of fa- $10,000,000, to remain available until expended: cilities, as authorized by law, in the manage- UNITED STATES FISH AND WILDLIFE SERVICE Provided, That not to exceed $600,000 shall be ment of lands and their resources under the ju- RESOURCE MANAGEMENT available for administrative expenses. risdiction of the Bureau of Land Management, For necessary expenses of the United States including the general administration of the Bu- SERVICE CHARGES, DEPOSITS, AND FORFEITURES Fish and Wildlife Service, as authorized by law, reau, and assessment of mineral potential of For administrative expenses and other costs and for scientific and economic studies, general public lands pursuant to Public Law 96–487 (16 related to processing application documents and administration, and for the performance of U.S.C. 3150(a)), $961,900,000, to remain available other authorizations for use and disposal of other authorized functions related to such re- until expended; of which $3,000,000 shall be public lands and resources, for costs of pro- sources, $1,228,142,000, to remain available until available in fiscal year 2012 subject to a match viding copies of official public land documents, September 30, 2013 except as otherwise provided by at least an equal amount by the National for monitoring construction, operation, and ter- herein: Provided, That not to exceed $20,902,000 Fish and Wildlife Foundation for cost-shared mination of facilities in conjunction with use shall be used for implementing subsections (a), projects supporting conservation of Bureau authorizations, and for rehabilitation of dam- (b), (c), and (e) of section 4 of the Endangered lands; and such funds shall be advanced to the aged property, such amounts as may be col- Species Act, as amended, (except for processing Foundation as a lump-sum grant without regard lected under Public Law 94–579, as amended, petitions, developing and issuing proposed and to when expenses are incurred. and Public Law 93–153, to remain available final regulations, and taking any other steps to In addition, $32,500,000 is for the processing of until expended: Provided, That, notwith- implement actions described in subsection applications for permit to drill and related use standing any provision to the contrary of sec- (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which authorizations, to remain available until ex- tion 305(a) of Public Law 94–579 (43 U.S.C. not to exceed $7,472,000 shall be used for any ac- pended, to be reduced by amounts collected by 1735(a)), any moneys that have been or will be tivity regarding the designation of critical habi- the Bureau and credited to this appropriation received pursuant to that section, whether as a tat, pursuant to subsection (a)(3), excluding liti- that shall be derived from $6,500 per new appli- result of forfeiture, compromise, or settlement, if gation support, for species listed pursuant to cation for permit to drill that the Bureau shall not appropriate for refund pursuant to section subsection (a)(1) prior to October 1, 2010; of collect upon submission of each new applica- 305(c) of that Act (43 U.S.C. 1735(c)), shall be which not to exceed $1,500,000 shall be used for tion, and in addition, $39,696,000 is for Mining available and may be expended under the au- any activity regarding petitions to list species Law Administration program operations, includ- thority of this Act by the Secretary to improve, that are indigenous to the United States pursu- ing the cost of administering the mining claim protect, or rehabilitate any public lands admin- ant to subsections (b)(3)(A) and (b)(3)(B); and, fee program; to remain available until expended, istered through the Bureau of Land Manage- of which not to exceed $1,500,000 shall be used to be reduced by amounts collected by the Bu- ment which have been damaged by the action of for implementing subsections (a), (b), (c), and reau and credited to this appropriation from a resource developer, purchaser, permittee, or (e) of section 4 of the Endangered Species Act,

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as amended, for species that are not indigenous Wildlife Act of 1956 and the Fish and Wildlife NATIONAL PARK SERVICE to the United States: Provided further, That, in Coordination Act, for the development and im- OPERATION OF THE NATIONAL PARK SYSTEM fiscal year 2012 and hereafter of the amount plementation of programs for the benefit of wild- For expenses necessary for the management, available for law enforcement, up to $400,000, to life and their habitat, including species that are operation, and maintenance of areas and facili- remain available until expended, may at the dis- not hunted or fished, $61,421,000, to remain ties administered by the National Park Service cretion of the Secretary be used for payment for available until expended: Provided, That of the and for the general administration of the Na- information, rewards, or evidence concerning amount provided herein, $4,275,000 is for a com- tional Park Service, $2,240,152,000, of which violations of laws administered by the Service, petitive grant program for Indian tribes not sub- $9,832,000 for planning and interagency coordi- and miscellaneous and emergency expenses of ject to the remaining provisions of this appro- nation in support of Everglades restoration and enforcement activity, authorized or approved by priation: Provided further, That $5,741,000 is for $97,883,000 for maintenance, repair, or rehabili- the Secretary and to be accounted for solely on a competitive grant program for States, terri- tation projects for constructed assets, operation the Secretary’s certificate: Provided further, tories, and other jurisdictions with approved of the National Park Service automated facility That in fiscal year 2012 and hereafter, of the plans, not subject to the remaining provisions of management software system, and comprehen- amount provided for environmental contami- this appropriation: Provided further, That the sive facility condition assessments shall remain nants, up to $1,000,000 may remain available Secretary shall, after deducting $10,016,000 and available until September 30, 2013. until expended for contaminant sample anal- administrative expenses, apportion the amount NATIONAL RECREATION AND PRESERVATION yses. provided herein in the following manner: (1) to For expenses necessary to carry out recreation CONSTRUCTION the District of Columbia and to the Common- programs, natural programs, cultural programs, For construction, improvement, acquisition, or wealth of Puerto Rico, each a sum equal to not heritage partnership programs, environmental removal of buildings and other facilities re- more than one-half of 1 percent thereof; and (2) compliance and review, international park af- quired in the conservation, management, inves- to Guam, American Samoa, the United States fairs, and grant administration, not otherwise tigation, protection, and utilization of fish and Virgin Islands, and the Commonwealth of the provided for, $59,975,000: Provided, That section wildlife resources, and the acquisition of lands Northern Mariana Islands, each a sum equal to 502(c) of the Chesapeake Bay Initiative Act of and interests therein; $23,088,000, to remain not more than one-fourth of 1 percent thereof: 1998 (16 U.S.C. 461 note; Public Law 105–312) is available until expended. Provided further, That the Secretary shall ap- amended by striking ‘‘2011’’ and inserting LAND ACQUISITION portion the remaining amount in the following ‘‘2013’’. For expenses necessary to carry out the Land manner: (1) one-third of which is based on the HISTORIC PRESERVATION FUND ratio to which the land area of such State bears and Water Conservation Fund Act of 1965, as For expenses necessary in carrying out the amended (16 U.S.C. 460l–4 through 11), includ- to the total land area of all such States; and (2) National Historic Preservation Act (16 U.S.C. ing administrative expenses, and for acquisition two-thirds of which is based on the ratio to 470), and the Omnibus Parks and Public Lands of land or waters, or interest therein, in accord- which the population of such State bears to the Management Act of 1996 (Public Law 104–333), ance with statutory authority applicable to the total population of all such States: Provided $56,000,000, to be derived from the Historic Pres- United States Fish and Wildlife Service, further, That the amounts apportioned under ervation Fund and to remain available until $54,720,000, to be derived from the Land and this paragraph shall be adjusted equitably so September 30, 2013. Water Conservation Fund and to remain avail- that no State shall be apportioned a sum which CONSTRUCTION able until expended, of which, notwithstanding is less than 1 percent of the amount available 16 U.S.C. 460l–9, not more than $5,000,000 shall for apportionment under this paragraph for any (INCLUDING RESCISSION OF FUNDS) be for land conservation partnerships author- fiscal year or more than 5 percent of such For construction, improvements, repair, or re- ized by the Highlands Conservation Act of 2004, amount: Provided further, That the Federal placement of physical facilities, including modi- including not to exceed $160,000 for administra- share of planning grants shall not exceed 75 fications authorized by section 104 of the Ever- tive expenses: Provided, That none of the funds percent of the total costs of such projects and glades National Park Protection and Expansion appropriated for specific land acquisition the Federal share of implementation grants Act of 1989 (16 U.S.C. 410r-8), $159,621,000, to re- projects may be used to pay for any administra- shall not exceed 65 percent of the total costs of main available until expended: Provided, That tive overhead, planning or other management such projects: Provided further, That the non- notwithstanding any other provision of law, a costs. Federal share of such projects may not be de- single procurement for the project to repair dam- COOPERATIVE ENDANGERED SPECIES rived from Federal grant programs: Provided age to the Washington Monument may be issued that includes the full scope of the project, so CONSERVATION FUND further, That any amount apportioned in 2012 long as the solicitation and contract shall con- For expenses necessary to carry out section 6 to any State, territory, or other jurisdiction that tain the clause ‘‘availability of appropriated of the Endangered Species Act of 1973, as remains unobligated as of September 30, 2013, funds’’ found in CFR section 52.232.18 of title amended (16 U.S.C. 1531 et seq.), $47,757,000, to shall be reapportioned, together with funds ap- 48. remain available until expended, of which propriated in 2014, in the manner provided here- From funds previously made available under $22,757,000 is to be derived from the Cooperative in. this heading, $4,000,000 are rescinded. Endangered Species Conservation Fund; and of which $25,000,000 is to be derived from the Land ADMINISTRATIVE PROVISIONS LAND AND WATER CONSERVATION FUND (RESCISSION) and Water Conservation Fund. The United States Fish and Wildlife Service NATIONAL WILDLIFE REFUGE FUND may carry out the operations of Service pro- The contract authority provided for fiscal For expenses necessary to implement the Act grams by direct expenditure, contracts, grants, year 2012 by 16 U.S.C. 460l–10a is rescinded. of October 17, 1978 (16 U.S.C. 715s), $13,980,000. cooperative agreements and reimbursable agree- LAND ACQUISITION AND STATE ASSISTANCE NORTH AMERICAN WETLANDS CONSERVATION FUND ments with public and private entities. Appro- For expenses necessary to carry out the Land For expenses necessary to carry out the provi- priations and funds available to the United and Water Conservation Act of 1965, as amend- sions of the North American Wetlands Conserva- States Fish and Wildlife Service shall be avail- ed (16 U.S.C. 460l–4 through 11), including ad- tion Act, as amended (16 U.S.C. 4401 et seq.), able for repair of damage to public roads within ministrative expenses, and for acquisition of $35,554,000, to remain available until expended. and adjacent to reservation areas caused by op- lands or waters, or interest therein, in accord- erations of the Service; options for the purchase ance with the statutory authority applicable to NEOTROPICAL MIGRATORY BIRD CONSERVATION of land at not to exceed $1 for each option; fa- the National Park Service, $102,060,000, to be de- For expenses necessary to carry out the cilities incident to such public recreational uses rived from the Land and Water Conservation Neotropical Migratory Bird Conservation Act, on conservation areas as are consistent with Fund and to remain available until expended, of as amended, (16 U.S.C. 6101 et seq.), $3,792,000, their primary purpose; and the maintenance which $45,000,000 is for the State assistance pro- to remain available until expended. and improvement of aquaria, buildings, and gram and of which $9,000,000 shall be for the MULTINATIONAL SPECIES CONSERVATION FUND other facilities under the jurisdiction of the American Battlefield Protection Program grants For expenses necessary to carry out the Afri- Service and to which the United States has title, as authorized by section 7301 of the Omnibus can Elephant Conservation Act (16 U.S.C. 4201 and which are used pursuant to law in connec- Public Land Management Act of 2009 (Public et seq.), the Asian Elephant Conservation Act of tion with management, and investigation of fish Law 111–11). 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and and wildlife resources: Provided, That notwith- ADMINISTRATIVE PROVISIONS Tiger Conservation Act of 1994 (16 U.S.C. 5301 et standing 44 U.S.C. 501, the Service may, under (INCLUDING TRANSFER OF FUNDS) seq.), the Great Ape Conservation Act of 2000 (16 cooperative cost sharing and partnership ar- In addition to other uses set forth in section U.S.C. 6301 et seq.), and the Marine Turtle Con- rangements authorized by law, procure printing 407(d) of Public Law 105–391, franchise fees servation Act of 2004 (16 U.S.C. 6601 et seq.), services from cooperators in connection with credited to a sub-account shall be available for $9,481,000, to remain available until expended. jointly produced publications for which the co- expenditure by the Secretary, without further STATE AND TRIBAL WILDLIFE GRANTS operators share at least one-half the cost of appropriation, for use at any unit within the For wildlife conservation grants to States and printing either in cash or services and the Serv- National Park System to extinguish or reduce li- to the District of Columbia, Puerto Rico, Guam, ice determines the cooperator is capable of meet- ability for Possessory Interest or leasehold sur- the United States Virgin Islands, the Northern ing accepted quality standards: Provided fur- render interest. Such funds may only be used Mariana Islands, American Samoa, and Indian ther, That the Service may accept donated air- for this purpose to the extent that the benefit- tribes under the provisions of the Fish and craft as replacements for existing aircraft. ting unit anticipated franchise fee receipts over

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Franchise fees at the benefitting unit ployees for the purpose of chapters 57 and 81 of above, the amount needed to reach $59,081,000 shall be credited to the sub-account of the origi- title 5, United States Code, relating to com- shall be credited to this appropriation from re- nating unit over a period not to exceed the term pensation for travel and work injuries, and ceipts resulting from rental rates for Outer Con- of a single contract at the benefitting unit, in chapter 171 of title 28, United States Code, relat- tinental Shelf leases in effect before August 5, the amount of funds so expended to extinguish ing to tort claims, but shall not be considered to 1993: Provided further, That for fiscal year 2012 or reduce liability. be Federal employees for any other purposes. and each fiscal year thereafter, the term ‘‘quali- For the costs of administration of the Land BUREAU OF OCEAN ENERGY MANAGEMENT fied Outer Continental Shelf revenues’’, as de- and Water Conservation Fund grants author- fined in section 102(9)(A) of the Gulf of Mexico OCEAN ENERGY MANAGEMENT ized by section 105(a)(2)(B) of the Gulf of Mex- Energy Security Act, division C of Public Law ico Energy Security Act of 2006 (Public Law 109– For expenses necessary for granting leases, 109–432, shall include only the portion of rental 432), the National Park Service may retain up to easements, rights-of-way and agreements for use revenues that would have been collected by the 3 percent of the amounts which are authorized for oil and gas, other minerals, energy, and ma- Secretary at the rental rates in effect before Au- to be disbursed under such section, such re- rine-related purposes on the Outer Continental gust 5, 1993. tained amounts to remain available until ex- Shelf and approving operations related thereto, For an additional amount, $62,000,000, to re- pended. as authorized by law; for environmental studies, main available until expended, which shall be National Park Service funds may be trans- as authorized by law; for implementing other derived from non-refundable inspection fees col- ferred to the Federal Highway Administration laws to the extent provided by Presidential or lected in fiscal year 2012, as provided in this (FHWA), Department of Transportation, for Secretarial delegation; and for matching grants Act: Provided, That to the extent that such purposes authorized under 23 U.S.C. 204. Trans- or cooperative agreements, $59,792,000, to remain amounts are not realized from such fees, the fers may include a reasonable amount for available until September 30, 2013; and an amount needed to reach $62,000,000 shall be FHWA administrative support costs. amount not to exceed $101,082,000, to be credited credited to this appropriation from receipts re- to this appropriation and to remain available sulting from rental rates for Outer Continental UNITED STATES GEOLOGICAL SURVEY until expended, from additions to receipts result- Shelf leases in effect before August 5, 1993: Pro- SURVEYS, INVESTIGATIONS, AND RESEARCH ing from increases to rates in effect on August vided further, That to the extent that amounts For expenses necessary for the United States 5, 1993, that are collected and disbursed by the realized from such fees exceed $62,000,000, the Geological Survey to perform surveys, investiga- Secretary, and from cost recovery fees from ac- amounts realized in excess of $62,000,000 shall be tions, and research covering topography, geol- tivities conducted by the Bureau of Ocean En- credited to this appropriation and remain avail- ogy, hydrology, biology, and the mineral and ergy Management pursuant to the Outer Conti- able until expended: Provided further, That for water resources of the United States, its terri- nental Shelf Lands Act, including studies, as- fiscal year 2012, not less than 50 percent of the tories and possessions, and other areas as au- sessments, analysis, and miscellaneous adminis- inspection fees collected by the Bureau of Safety thorized by 43 U.S.C. 31, 1332, and 1340; classify trative activities: Provided, That notwith- and Environmental Enforcement will be used to lands as to their mineral and water resources; standing 31 U.S.C. 3302, in fiscal year 2012, such fund personnel and mission-related costs to ex- give engineering supervision to power permittees amounts as are assessed under 31 U.S.C. 9701 pand capacity and expedite the orderly develop- and Federal Energy Regulatory Commission li- shall be collected and credited to this account ment, subject to environmental safeguards, of censees; administer the minerals exploration and shall be available until expended for nec- the Outer Continental Shelf pursuant to the program (30 U.S.C. 641); conduct inquiries into essary expenses: Provided further, That to the Outer Continental Shelf Lands Act (43 U.S.C. the economic conditions affecting mining and extent $101,082,000 in addition to receipts are 1331 et seq.), including the review of applica- materials processing industries (30 U.S.C. 3, 21a, not realized from the sources of receipts stated tions for permits to drill. and 1603; 50 U.S.C. 98g(1)) and related purposes above, the amount needed to reach $101,082,000 OIL SPILL RESEARCH as authorized by law; and to publish and dis- shall be credited to this appropriation from re- For necessary expenses to carry out title I, seminate data relative to the foregoing activi- ceipts resulting from rental rates for Outer Con- section 1016, title IV, sections 4202 and 4303, title ties; $1,069,744,000, to remain available until tinental Shelf leases in effect before August 5, VII, and title VIII, section 8201 of the Oil Pollu- September 30, 2013; of which $51,569,700 shall re- 1993: Provided further, That for fiscal year 2012 tion Act of 1990, $14,923,000, which shall be de- main available until expended for satellite oper- and each fiscal year thereafter, the term ‘‘quali- rived from the Oil Spill Liability Trust Fund, to ations; and of which $7,292,000 shall be avail- fied Outer Continental Shelf revenues’’, as de- remain available until expended. able until expended for deferred maintenance fined in section 102(9)(A) of the Gulf of Mexico OFFICE OF SURFACE MINING RECLAMATION AND and capital improvement projects that exceed Energy Security Act, division C of Public Law ENFORCEMENT $100,000 in cost: Provided, That none of the 109–432, shall include only the portion or rental REGULATION AND TECHNOLOGY revenues that would have been collected by the funds provided for the ecosystem research activ- For necessary expenses to carry out the provi- Secretary at the rental rates in effect before Au- ity shall be used to conduct new surveys on pri- sions of the Surface Mining Control and Rec- gust 5, 1993: Provided further, That not to ex- vate property, unless specifically authorized in lamation Act of 1977, Public Law 95–87, as ceed $3,000 shall be available for reasonable ex- writing by the property owner: Provided fur- amended, $122,950,000, to remain available until ther, That no part of this appropriation shall be penses related to promoting volunteer beach and September 30, 2013: Provided, That appropria- used to pay more than one-half the cost of topo- marine cleanup activities. tions for the Office of Surface Mining Reclama- graphic mapping or water resources data collec- BUREAU OF SAFETY AND ENVIRONMENTAL tion and Enforcement may provide for the travel tion and investigations carried on in coopera- ENFORCEMENT and per diem expenses of State and tribal per- tion with States and municipalities. OFFSHORE SAFETY AND ENVIRONMENTAL sonnel attending Office of Surface Mining Rec- ADMINISTRATIVE PROVISIONS ENFORCEMENT lamation and Enforcement sponsored training: From within the amount appropriated for ac- For expenses necessary for the regulation of Provided further, That, in fiscal year 2012, up to tivities of the United States Geological Survey operations related to leases, easements, rights- $40,000 collected by the Office of Surface Mining such sums as are necessary shall be available for of-way and agreements for use for oil and gas, from permit fees pursuant to section 507 of Pub- reimbursement to the General Services Adminis- other minerals, energy, and marine-related pur- lic Law 95–87 (30 U.S.C. 1257) shall be credited tration for security guard services; contracting poses on the Outer Continental Shelf, as au- to this account as discretionary offsetting col- for the furnishing of topographic maps and for thorized by law; for enforcing and implementing lections, to remain available until expended: the making of geophysical or other specialized laws and regulations as authorized by law and Provided further, That the sum herein appro- surveys when it is administratively determined to the extent provided by Presidential or Secre- priated shall be reduced as collections are re- that such procedures are in the public interest; tarial delegation; and for matching grants or co- ceived during the fiscal year so as to result in a construction and maintenance of necessary operative agreements, $61,473,000, to remain final fiscal year 2012 appropriation estimated at buildings and appurtenant facilities; acquisition available until September 30, 2013; and an not more than $122,910,000: Provided further, of lands for gauging stations and observation amount not to exceed $59,081,000 to be credited That, in subsequent fiscal years, all amounts wells; expenses of the United States National to this appropriation and to remain available collected by the Office of Surface Mining from Committee on Geology; and payment of com- until expended, from additions to receipts result- permit fees pursuant to section 507 of Public pensation and expenses of persons on the rolls ing from increases to rates in effect on August Law 95–87 (30 U.S.C. 1257) shall be credited to of the Survey duly appointed to represent the 5, 1993, that are collected and disbursed by the this account as discretionary offsetting collec- United States in the negotiation and adminis- Secretary, from cost recovery fees from activities tions, to remain available until expended. tration of interstate compacts: Provided, That conducted by the Bureau of Safety and Envi- ABANDONED MINE RECLAMATION FUND activities funded by appropriations herein made ronmental Enforcement pursuant to the Outer For necessary expenses to carry out title IV of may be accomplished through the use of con- Continental Shelf Lands Act, including studies, the Surface Mining Control and Reclamation tracts, grants, or cooperative agreements as de- assessments, analysis, and miscellaneous admin- Act of 1977, Public Law 95–87, as amended, fined in section 6302 of title 31, United States istrative activities: Provided, That notwith- $27,443,000, to be derived from receipts of the Code: Provided further, That the United States standing 31 U.S.C. 3302, in fiscal year 2012, such Abandoned Mine Reclamation Fund and to re- Geological Survey may enter into contracts or amounts as are assessed under 31 U.S.C. 9701 main available until expended: Provided, That cooperative agreements directly with individuals shall be collected and credited to this account pursuant to Public Law 97–365, the Department or indirectly with institutions or nonprofit orga- and shall be available until expended for nec- of the Interior is authorized to use up to 20 per- nizations, without regard to 41 U.S.C. 5, for the essary expenses: Provided further, That to the cent from the recovery of the delinquent debt

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owed to the United States Government to pay Provided further, That any forestry funds allo- INDIAN GUARANTEED LOAN PROGRAM ACCOUNT for contracts to collect these debts: Provided fur- cated to a tribe which remain unobligated as of For the cost of guaranteed loans and insured ther, That funds made available under title IV September 30, 2013, may be transferred during loans, $7,114,000, of which $964,000 is for admin- of Public Law 95–87 may be used for any re- fiscal year 2014 to an Indian forest land assist- istrative expenses, as authorized by the Indian quired non-Federal share of the cost of projects ance account established for the benefit of the Financing Act of 1974, as amended: Provided, funded by the Federal Government for the pur- holder of the funds within the holder’s trust That such costs, including the cost of modifying pose of environmental restoration related to fund account: Provided further, That any such such loans, shall be as defined in section 502 of treatment or abatement of acid mine drainage unobligated balances not so transferred shall ex- the Congressional Budget Act of 1974: Provided from abandoned mines: Provided further, That pire on September 30, 2014: Provided further, further, That these funds are available to sub- such projects must be consistent with the pur- That in order to enhance the safety of Bureau sidize total loan principal, any part of which is poses and priorities of the Surface Mining Con- field employees, the Bureau may use funds to to be guaranteed or insured, not to exceed trol and Reclamation Act: Provided further, purchase uniforms or other identifying articles $73,365,796. of clothing for personnel. That amounts provided under this heading may ADMINISTRATIVE PROVISIONS be used for the travel and per diem expenses of CONSTRUCTION The Bureau of Indian Affairs may carry out State and tribal personnel attending Office of (INCLUDING TRANSFER OF FUNDS) the operation of Indian programs by direct ex- Surface Mining Reclamation and Enforcement For construction, repair, improvement, and penditure, contracts, cooperative agreements, sponsored training. maintenance of irrigation and power systems, compacts, and grants, either directly or in co- ADMINISTRATIVE PROVISION buildings, utilities, and other facilities, includ- operation with States and other organizations. With funds available for the Technical Inno- ing architectural and engineering services by Notwithstanding 25 U.S.C. 15, the Bureau of vation and Professional Services program in this contract; acquisition of lands, and interests in Indian Affairs may contract for services in sup- Act, the Secretary may transfer title for com- lands; and preparation of lands for farming, port of the management, operation, and mainte- puter hardware, software and other technical and for construction of the Navajo Indian Irri- nance of the Power Division of the San Carlos equipment to State and tribal regulatory and gation Project pursuant to Public Law 87–483, Irrigation Project. reclamation programs. $123,828,000, to remain available until expended: Appropriations for the Bureau of Indian Af- Provided, That such amounts as may be avail- BUREAU OF INDIAN AFFAIRS AND BUREAU OF fairs (except the Revolving Fund for Loans Liq- able for the construction of the Navajo Indian INDIAN EDUCATION uidating Account, Indian Loan Guaranty and Irrigation Project may be transferred to the Bu- OPERATION OF INDIAN PROGRAMS Insurance Fund Liquidating Account, Indian reau of Reclamation: Provided further, That not Guaranteed Loan Financing Account, Indian (INCLUDING TRANSFER OF FUNDS) to exceed 6 percent of contract authority avail- Direct Loan Financing Account, and the Indian For expenses necessary for the operation of able to the Bureau of Indian Affairs from the Guaranteed Loan Program account) shall be Indian programs, as authorized by law, includ- Federal Highway Trust Fund may be used to available for expenses of exhibits. ing the Snyder Act of November 2, 1921 (25 cover the road program management costs of the Notwithstanding any other provision of law, U.S.C. 13), the Indian Self-Determination and Bureau: Provided further, That any funds pro- no funds available to the Bureau of Indian Af- Education Assistance Act of 1975 (25 U.S.C. 450 vided for the Safety of Dams program pursuant fairs for central office oversight and Executive et seq.), as amended, the Education Amend- to 25 U.S.C. 13 shall be made available on a Direction and Administrative Services (except ments of 1978 (25 U.S.C. 2001–2019), and the nonreimbursable basis: Provided further, That executive direction and administrative services Tribally Controlled Schools Act of 1988 (25 for fiscal year 2012, in implementing new con- funding for Tribal Priority Allocations, regional U.S.C. 2501 et seq.), as amended, $2,371,532,000, struction or facilities improvement and repair offices, and facilities operations and mainte- to remain available until September 30, 2013 ex- project grants in excess of $100,000 that are pro- nance) shall be available for contracts, grants, cept as otherwise provided herein; of which not vided to grant schools under Public Law 100– compacts, or cooperative agreements with the to exceed $8,500 may be for official reception 297, as amended, the Secretary of the Interior Bureau of Indian Affairs under the provisions and representation expenses; of which not to ex- shall use the Administrative and Audit Require- of the Indian Self-Determination Act or the ments and Cost Principles for Assistance Pro- ceed $74,911,000 shall be for welfare assistance Tribal Self-Governance Act of 1994 (Public Law grams contained in 43 CFR part 12 as the regu- payments: Provided, That in cases of designated 103–413). Federal disasters, the Secretary may exceed latory requirements: Provided further, That In the event any tribe returns appropriations such cap, from the amounts provided herein, to such grants shall not be subject to section 12.61 made available by this Act to the Bureau of In- provide for disaster relief to Indian communities of 43 CFR; the Secretary and the grantee shall dian Affairs, this action shall not diminish the affected by the disaster; of which, notwith- negotiate and determine a schedule of payments Federal Government’s trust responsibility to standing any other provision of law, including for the work to be performed: Provided further, that tribe, or the government-to-government re- but not limited to the Indian Self-Determination That in considering grant applications, the Sec- lationship between the United States and that Act of 1975, as amended, not to exceed retary shall consider whether such grantee tribe, or that tribe’s ability to access future ap- $219,560,000 shall be available for payments for would be deficient in assuring that the con- propriations. contract support costs associated with ongoing struction projects conform to applicable building Notwithstanding any other provision of law, contracts, grants, compacts, or annual funding standards and codes and Federal, tribal, or no funds available to the Bureau, other than agreements entered into with the Bureau prior State health and safety standards as required the amounts provided herein for assistance to to or during fiscal year 2012, as authorized by by 25 U.S.C. 2005(b), with respect to organiza- public schools under 25 U.S.C. 452 et seq., shall such Act, except that tribes and tribal organiza- tional and financial management capabilities: be available to support the operation of any ele- tions may use their tribal priority allocations for Provided further, That if the Secretary declines mentary or secondary school in the State of unmet contract support costs of ongoing con- a grant application, the Secretary shall follow Alaska. tracts, grants, or compacts, or annual funding the requirements contained in 25 U.S.C. 2504(f): Appropriations made available in this or any agreements and for unmet welfare assistance Provided further, That any disputes between other Act for schools funded by the Bureau costs; of which not to exceed $590,484,000 for the Secretary and any grantee concerning a shall be available only to the schools in the Bu- school operations costs of Bureau-funded grant shall be subject to the disputes provision reau school system as of September 1, 1996. No schools and other education programs shall be- in 25 U.S.C. 2507(e): Provided further, That in funds available to the Bureau shall be used to come available on July 1, 2012, and shall remain order to ensure timely completion of construc- support expanded grades for any school or dor- available until September 30, 2013; and of which tion projects, the Secretary may assume control mitory beyond the grade structure in place or not to exceed $48,049,000 shall remain available of a project and all funds related to the project, approved by the Secretary of the Interior at until expended for housing improvement, road if, within 18 months of the date of enactment of each school in the Bureau school system as of maintenance, attorney fees, litigation support, this Act, any grantee receiving funds appro- October 1, 1995, except that any school or school the Indian Self-Determination Fund, land priated in this Act or in any prior Act, has not program that was closed and removed from the records improvement, and the Navajo-Hopi Set- completed the planning and design phase of the Bureau school system between 1951 and 1972, tlement Program: Provided further, That not- project and commenced construction: Provided and its respective tribe’s relationship with the withstanding any other provision of law, in- further, That this appropriation may be reim- Federal Government was terminated, shall be re- cluding but not limited to the Indian Self-Deter- bursed from the Office of the Special Trustee for instated to the Bureau system and supported at mination Act of 1975, as amended, and 25 U.S.C. American Indians appropriation for the appro- a level based on its grade structure and average 2008, not to exceed $46,327,000 within and only priate share of construction costs for space ex- student enrollment for the 2009–2010, 2010–2011 from such amounts made available for school pansion needed in agency offices to meet trust and 2011–2012 school years. Funds made avail- operations shall be available for administrative reform implementation. able under this Act may not be used to establish cost grants associated with ongoing grants en- INDIAN LAND AND WATER CLAIM SETTLEMENTS a charter school at a Bureau-funded school (as tered into with the Bureau prior to or during AND MISCELLANEOUS PAYMENTS TO INDIANS that term is defined in section 1141 of the Edu- fiscal year 2011 for the operation of Bureau- For payments and necessary administrative cation Amendments of 1978 (25 U.S.C. 2021)), ex- funded schools, and up to $500,000 within and expenses for implementation of Indian land and cept that a charter school that is in existence on only from such amounts made available for ad- water claim settlements pursuant to Public the date of the enactment of this Act and that ministrative cost grants shall be available for Laws 99–264, 100–580, 101–618, 108–447, and 111– has operated at a Bureau-funded school before the transitional costs of initial administrative 11, and for implementation of other land and September 1, 1999, may continue to operate dur- cost grants to grantees that assume operation on water rights settlements, $32,855,000, to remain ing that period, but only if the charter school or after July 1, 2011, of Bureau-funded schools: available until expended. pays to the Bureau a pro rata share of funds to

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reimburse the Bureau for the use of the real and Government of the Virgin Islands as authorized OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN personal property (including buses and vans), by law; grants to the Government of Guam, as INDIANS the funds of the charter school are kept separate authorized by law; and grants to the Govern- FEDERAL TRUST PROGRAMS and apart from Bureau funds, and the Bureau ment of the Northern Mariana Islands as au- (INCLUDING TRANSFER OF FUNDS) does not assume any obligation for charter thorized by law (Public Law 94–241; 90 Stat. For the operation of trust programs for Indi- school programs of the State in which the school 272); and (2) $9,480,000 shall be available until ans by direct expenditure, contracts, cooperative is located if the charter school loses such fund- September 30, 2013 for salaries and expenses of agreements, compacts, and grants, $152,319,000, ing. Employees of Bureau-funded schools shar- the Office of Insular Affairs: Provided, That all to remain available until expended, of which ing a campus with a charter school and per- financial transactions of the territorial and not to exceed $31,171,000 from this or any other forming functions related to the charter school’s local governments herein provided for, including Act, shall be available for historical accounting: operation and employees of a charter school such transactions of all agencies or instrumen- Provided, That funds for trust management im- shall not be treated as Federal employees for talities established or used by such governments, provements and litigation support may, as need- purposes of chapter 171 of title 28, United States may be audited by the Government Account- ed, be transferred to or merged with the Bureau Code. ability Office, at its discretion, in accordance of Indian Affairs, ‘‘Operation of Indian Pro- Notwithstanding any other provision of law, with chapter 35 of title 31, United States Code: grams’’ account; the Office of the Solicitor, including section 113 of title I of appendix C of Provided further, That Northern Mariana Is- ‘‘Salaries and Expenses’’ account; and the Of- Public Law 106–113, if in fiscal year 2003 or 2004 lands Covenant grant funding shall be provided fice of the Secretary, ‘‘Salaries and Expenses’’ a grantee received indirect and administrative according to those terms of the Agreement of the account: Provided further, That funds made costs pursuant to a distribution formula based Special Representatives on Future United States available through contracts or grants obligated on section 5(f) of Public Law 101–301, the Sec- Financial Assistance for the Northern Mariana during fiscal year 2012, as authorized by the In- retary shall continue to distribute indirect and Islands approved by Public Law 104–134: Pro- dian Self-Determination Act of 1975 (25 U.S.C. administrative cost funds to such grantee using vided further, That the funds for the program of 450 et seq.), shall remain available until ex- the section 5(f) distribution formula. operations and maintenance improvement are pended by the contractor or grantee: Provided appropriated to institutionalize routine oper- DEPARTMENTAL OFFICES further, That, notwithstanding any other provi- ations and maintenance improvement of capital OFFICE OF THE SECRETARY sion of law, the statute of limitations shall not infrastructure with territorial participation and DEPARTMENTAL OPERATIONS commence to run on any claim, including any cost sharing to be determined by the Secretary claim in litigation pending on the date of the For necessary expenses for management of the based on the grantee’s commitment to timely enactment of this Act, concerning losses to or Department of the Interior, including the collec- maintenance of its capital assets: Provided fur- mismanagement of trust funds, until the af- tion and disbursement of royalties, fees, and ther, That any appropriation for disaster assist- fected tribe or individual Indian has been fur- other mineral revenue proceeds, as authorized ance under this heading in this Act or previous nished with an accounting of such funds from by law, $262,317,000, to remain available until appropriations Acts may be used as non-Federal which the beneficiary can determine whether September 30, 2013; of which not to exceed matching funds for the purpose of hazard miti- there has been a loss: Provided further, That, $15,000 may be for official reception and rep- gation grants provided pursuant to section 404 notwithstanding any other provision of law, the resentation expenses; and of which up to of the Robert T. Stafford Disaster Relief and Secretary shall not be required to provide a $1,000,000 shall be available for workers com- Emergency Assistance Act (42 U.S.C. 5170c). pensation payments and unemployment com- quarterly statement of performance for any In- pensation payments associated with the orderly COMPACT OF FREE ASSOCIATION dian trust account that has not had activity for closure of the United States Bureau of Mines; For grants and necessary expenses, $3,318,000, at least 18 months and has a balance of $15 or and of which $12,712,000 for the Office of Valu- to remain available until expended, as provided less: Provided further, That the Secretary shall ation Services is to be derived from the Land for in sections 221(a)(2) and 233 of the Compact issue an annual account statement and main- and Water Conservation Fund and shall remain of Free Association for the Republic of Palau; tain a record of any such accounts and shall available until expended; and of which and section 221(a)(2) of the Compacts of Free permit the balance in each such account to be $38,300,000 shall remain available until ex- Association for the Government of the Republic withdrawn upon the express written request of pended for the purpose of mineral revenue man- of the Marshall Islands and the Federated the account holder: Provided further, That not agement activities: Provided, That, for fiscal States of Micronesia, as authorized by Public to exceed $50,000 is available for the Secretary to year 2012, up to $400,000 of the payments au- Law 99–658 and Public Law 108–188. make payments to correct administrative errors of either disbursements from or deposits to Indi- thorized by the Act of October 20, 1976, as ADMINISTRATIVE PROVISIONS amended (31 U.S.C. 6901–6907) may be retained vidual Indian Money or Tribal accounts after (INCLUDING TRANSFER OF FUNDS) for administrative expenses of the Payments in September 30, 2002: Provided further, That erro- Lieu of Taxes Program: Provided further, That At the request of the Governor of Guam, the neous payments that are recovered shall be no payment shall be made pursuant to that Act Secretary may transfer discretionary funds or credited to and remain available in this account to otherwise eligible units of local government if mandatory funds provided under section 104(e) for this purpose. the computed amount of the payment is less of Public Law 108–188 and Public Law 104–134, DEPARTMENT-WIDE PROGRAMS than $100: Provided further, That notwith- that are allocated for Guam, to the Secretary of WILDLAND FIRE MANAGEMENT Agriculture for the subsidy cost of direct or standing any other provision of law, $15,000 (INCLUDING TRANSFERS AND RESCISSION OF guaranteed loans, plus not to exceed three per- under this heading shall be available for re- FUNDS) funds of overpayments in connection with cer- cent of the amount of the subsidy transferred For necessary expenses for fire preparedness, tain Indian leases in which the Secretary con- for the cost of loan administration, for the pur- suppression operations, fire science and re- curred with the claimed refund due, to pay poses authorized by the Rural Electrification search, emergency rehabilitation, hazardous amounts owed to Indian allottees or tribes, or to Act of 1936 and section 306(a)(1) of the Consoli- fuels reduction, and rural fire assistance by the correct prior unrecoverable erroneous payments: dated Farm and Rural Development Act for con- Department of the Interior, $566,495,000, to re- Provided further, That, notwithstanding the struction and repair projects in Guam, and such main available until expended, of which not to provisions of section 35(b) of the Mineral Leas- funds shall remain available until expended: exceed $6,137,000 shall be for the renovation or ing Act, as amended (30 U.S.C. 191(b)), the Sec- Provided, That such costs, including the cost of construction of fire facilities: Provided, That retary shall deduct 2 percent from the amount modifying such loans, shall be as defined in sec- such funds are also available for repayment of payable to each State in fiscal year 2012 and de- tion 502 of the Congressional Budget Act of 1974: advances to other appropriation accounts from posit the amount deducted to miscellaneous re- Provided further, That such loans or loan guar- which funds were previously transferred for ceipts of the Treasury. antees may be made without regard to the popu- such purposes: Provided further, That persons INSULAR AFFAIRS lation of the area, credit elsewhere require- ments, and restrictions on the types of eligible hired pursuant to 43 U.S.C. 1469 may be fur- ASSISTANCE TO TERRITORIES entities under the Rural Electrification Act of nished subsistence and lodging without cost For expenses necessary for assistance to terri- 1936 and section 306(a)(1) of the Consolidated from funds available from this appropriation: tories under the jurisdiction of the Department Farm and Rural Development Act: Provided fur- Provided further, That notwithstanding 42 of the Interior and other jurisdictions identified ther, That any funds transferred to the Sec- U.S.C. 1856d, sums received by a bureau or of- in section 104(e) of Public Law 108–188, retary of Agriculture shall be in addition to fice of the Department of the Interior for fire $87,997,000, of which: (1) $78,517,000 shall re- funds otherwise made available to make or protection rendered pursuant to 42 U.S.C. 1856 main available until expended for territorial as- guarantee loans under such authorities. et seq., protection of United States property, sistance, including general technical assistance, may be credited to the appropriation from which OFFICE OF THE SOLICITOR maintenance assistance, disaster assistance, in- funds were expended to provide that protection, sular management controls, coral reef initiative SALARIES AND EXPENSES and are available without fiscal year limitation: activities, and brown tree snake control and re- For necessary expenses of the Office of the So- Provided further, That using the amounts des- search; grants to the judiciary in American licitor, $66,296,000. ignated under this title of this Act, the Sec- Samoa for compensation and expenses, as au- retary of the Interior may enter into procure- OFFICE OF INSPECTOR GENERAL thorized by law (48 U.S.C. 1661(c)); grants to the ment contracts, grants, or cooperative agree- Government of American Samoa, in addition to SALARIES AND EXPENSES ments, for hazardous fuels reduction activities, current local revenues, for construction and For necessary expenses of the Office of In- and for training and monitoring associated with support of governmental functions; grants to the spector General, $49,471,000. such hazardous fuels reduction activities, on

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00094 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9063 Federal land, or on adjacent non-Federal land rior and as a reserve fund for suppression and craft being replaced may be sold, with proceeds for activities that benefit resources on Federal Federal emergency response activities, derived or trade-in value used to offset the pur- land: Provided further, That the costs of imple- $92,000,000, to remain available until expended: chase price for the replacement aircraft. menting any cooperative agreement between the Provided, That such amounts are available only GENERAL PROVISIONS, DEPARTMENT OF THE Federal Government and any non-Federal enti- for transfer to the ‘‘Wildland Fire Manage- INTERIOR ty may be shared, as mutually agreed on by the ment’’ account and only following a declaration (INCLUDING TRANSFERS OF FUNDS) affected parties: Provided further, That not- by the Secretary that either (1) a wildland fire EMERGENCY TRANSFER AUTHORITY—INTRA- withstanding requirements of the Competition in suppression event meets certain previously es- BUREAU Contracting Act, the Secretary, for purposes of tablished risk-based written criteria for signifi- hazardous fuels reduction activities, may obtain cant complexity, severity, or threat posed by the SEC. 101. Appropriations made in this title maximum practicable competition among: (1) fire or (2) funds in the ‘‘Wildland Fire Manage- shall be available for expenditure or transfer local private, nonprofit, or cooperative entities; ment’’ account will be exhausted within 30 days. (within each bureau or office), with the ap- (2) Youth Conservation Corps crews, Public proval of the Secretary, for the emergency re- CENTRAL HAZARDOUS MATERIALS FUND Lands Corps (Public Law 109–154), or related construction, replacement, or repair of aircraft, partnerships with State, local, or nonprofit For necessary expenses of the Department of buildings, utilities, or other facilities or equip- youth groups; (3) small or micro-businesses; or the Interior and any of its component offices ment damaged or destroyed by fire, flood, storm, (4) other entities that will hire or train locally a and bureaus for the response action, including or other unavoidable causes: Provided, That no significant percentage, defined as 50 percent or associated activities, performed pursuant to the funds shall be made available under this au- more, of the project workforce to complete such Comprehensive Environmental Response, Com- thority until funds specifically made available contracts: Provided further, That in imple- pensation, and Liability Act, as amended (42 to the Department of the Interior for emer- menting this section, the Secretary shall develop U.S.C. 9601 et seq.), $10,149,000, to remain avail- gencies shall have been exhausted: Provided written guidance to field units to ensure ac- able until expended. further, That all funds used pursuant to this countability and consistent application of the NATURAL RESOURCE DAMAGE ASSESSMENT AND section must be replenished by a supplemental authorities provided herein: Provided further, RESTORATION appropriation which must be requested as promptly as possible. That funds appropriated under this heading NATURAL RESOURCE DAMAGE ASSESSMENT FUND may be used to reimburse the United States Fish EMERGENCY TRANSFER AUTHORITY— To conduct natural resource damage assess- and Wildlife Service and the National Marine DEPARTMENT-WIDE ment and restoration activities by the Depart- Fisheries Service for the costs of carrying out ment of the Interior necessary to carry out the SEC. 102. The Secretary may authorize the ex- their responsibilities under the Endangered Spe- provisions of the Comprehensive Environmental penditure or transfer of any no year appropria- cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult Response, Compensation, and Liability Act, as tion in this title, in addition to the amounts in- and conference, as required by section 7 of such amended (42 U.S.C. 9601 et seq.), the Federal cluded in the budget programs of the several Act, in connection with wildland fire manage- Water Pollution Control Act, as amended (33 agencies, for the suppression or emergency pre- ment activities: Provided further, That the Sec- U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 vention of wildland fires on or threatening retary of the Interior may use wildland fire ap- (33 U.S.C. 2701 et seq.), and Public Law 101–337, lands under the jurisdiction of the Department propriations to enter into noncompetitive sole- as amended (16 U.S.C. 19jj et seq.), $6,263,000, to of the Interior; for the emergency rehabilitation source leases of real property with local govern- remain available until expended. of burned-over lands under its jurisdiction; for ments, at or below fair market value, to con- emergency actions related to potential or actual struct capitalized improvements for fire facilities WORKING CAPITAL FUND earthquakes, floods, volcanoes, storms, or other on such leased properties, including but not lim- For the acquisition of a departmental finan- unavoidable causes; for contingency planning ited to fire guard stations, retardant stations, cial and business management system, informa- subsequent to actual oil spills; for response and and other initial attack and fire support facili- tion technology improvements of general benefit natural resource damage assessment activities ties, and to make advance payments for any to the Department, strengthening the Depart- related to actual oil spills or releases of haz- such lease or for construction activity associated ment’s acquisition workforce capacity and capa- ardous substances into the environment; for the with the lease: Provided further, That the Sec- bilities, and consolidation of facilities and oper- prevention, suppression, and control of actual retary of the Interior and the Secretary of Agri- ations throughout the Department, $62,019,000, or potential grasshopper and Mormon cricket culture may authorize the transfer of funds ap- to remain available until expended: Provided, outbreaks on lands under the jurisdiction of the propriated for wildland fire management, in an That such funds shall be available for training, Secretary, pursuant to the authority in section aggregate amount not to exceed $50,000,000, be- recruitment, retention, and hiring members of 417(b) of Public Law 106–224 (7 U.S.C. 7717(b)); tween the Departments when such transfers the acquisition workforce as defined by the Of- for emergency reclamation projects under sec- would facilitate and expedite wildland fire man- fice of Federal Procurement Policy Act as tion 410 of Public Law 95–87; and shall transfer, agement programs and projects: Provided fur- amended (41 U.S.C. 401 et seq.): Provided fur- from any no year funds available to the Office ther, That funds provided for wildfire suppres- ther, That none of the funds appropriated in of Surface Mining Reclamation and Enforce- sion shall be available for support of Federal this Act or any other Act may be used to estab- ment, such funds as may be necessary to permit emergency response actions: Provided further, lish reserves in the Working Capital Fund ac- assumption of regulatory authority in the event That funds appropriated under this heading count other than for accrued annual leave and a primacy State is not carrying out the regu- shall be available for assistance to or through depreciation of equipment without prior ap- latory provisions of the Surface Mining Act: the Department of State in connection with for- proval of the House of Representatives and Sen- Provided, That appropriations made in this title est and rangeland research, technical informa- ate Committees on Appropriations: Provided fur- for wildland fire operations shall be available tion, and assistance in foreign countries, and, ther, That the Secretary may assess reasonable for the payment of obligations incurred during with the concurrence of the Secretary of State, charges to State, local and tribal government the preceding fiscal year, and for reimbursement shall be available to support forestry, wildland employees for training services provided by the to other Federal agencies for destruction of ve- fire management, and related natural resource National Indian Program Training Center, other hicles, aircraft, or other equipment in connec- activities outside the United States and its terri- than training related to Public Law 93–638: Pro- tion with their use for wildland fire operations, tories and possessions, including technical as- vided further, That the Secretary may lease or such reimbursement to be credited to appropria- sistance, education and training, and coopera- otherwise provide space and related facilities, tions currently available at the time of receipt tion with United States and international orga- equipment or professional services of the Na- thereof: Provided further, That for wildland fire nizations: Provided further, That before obli- tional Indian Program Training Center to State, operations, no funds shall be made available gating any of the funds provided herein for local and tribal government employees or per- under this authority until the Secretary deter- wildland fire suppression, the Secretary of the sons or organizations engaged in cultural, edu- mines that funds appropriated for ‘‘wildland Interior shall obligate all unobligated balances cational, or recreational activities (as defined in fire operations’’ and ‘‘FLAME Wildfire Suppres- previously made available under this heading section 3306(a) of title 40, United States Code) at sion Reserve Fund’’ shall be exhausted within that, when appropriated, were designated by the prevailing rate for similar space, facilities, 30 days: Provided further, That all funds used Congress as an emergency requirement pursuant equipment, or services in the vicinity of the Na- pursuant to this section must be replenished by to the Concurrent Resolution on the Budget or tional Indian Program Training Center: Pro- a supplemental appropriation which must be re- the Balanced Budget and Emergency Deficit vided further, That all funds received pursuant quested as promptly as possible: Provided fur- Control Act of 1985 and notify the Committees to the two preceding provisos shall be credited to ther, That such replenishment funds shall be on Appropriations of the House of Representa- this account, shall be available until expended, used to reimburse, on a pro rata basis, accounts tives and the Senate in writing of the imminent and shall be used by the Secretary for necessary from which emergency funds were transferred. need to begin obligating funds provided herein expenses of the National Indian Program Train- AUTHORIZED USE OF FUNDS for wildland fire suppression: Provided further, ing Center. SEC. 103. Appropriations made to the Depart- That of the funds made available under this ADMINISTRATIVE PROVISION ment of the Interior in this title shall be avail- heading for wildland fire suppression in fiscal There is hereby authorized for acquisition able for services as authorized by section 3109 of year 2011, $82,000,000 are rescinded. from available resources within the Working title 5, United States Code, when authorized by FLAME WILDFIRE SUPPRESSION RESERVE FUND Capital Fund, 15 aircraft, 10 of which shall be the Secretary, in total amount not to exceed (INCLUDING TRANSFER OF FUNDS) for replacement and which may be obtained by $500,000; purchase and replacement of motor ve- For necessary expenses for large fire suppres- donation, purchase or through available excess hicles, including specially equipped law enforce- sion operations of the Department of the Inte- surplus property: Provided, That existing air- ment vehicles; hire, maintenance, and operation

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00095 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9064 CONGRESSIONAL RECORD — HOUSE December 15, 2011 of aircraft; hire of passenger motor vehicles; which shall be deposited in the ‘‘Ocean Energy subject to renewal at the discretion of the Sec- purchase of reprints; payment for telephone Management’’ account, from the designated op- retary. service in private residences in the field, when erator for facilities subject to inspection under (b) During fiscal year 2012 and subsequent fis- authorized under regulations approved by the 43 U.S.C. 1348(c). cal years, in carrying out work involving co- Secretary; and the payment of dues, when au- (b) Annual fees shall be collected for facilities operation with any State or political subdivision thorized by the Secretary, for library member- that are above the waterline, excluding drilling thereof, the Bureau of Land Management may ship in societies or associations which issue pub- rigs, and are in place at the start of the fiscal record obligations against accounts receivable lications to members only or at a price to mem- year. Fees for fiscal year 2012 shall be: from any such entities. bers lower than to subscribers who are not mem- (1) $10,500 for facilities with no wells, but with BUREAU OF INDIAN EDUCATION OPERATED bers. processing equipment or gathering lines; SCHOOLS (2) $17,000 for facilities with 1 to 10 wells, with AUTHORIZED USE OF FUNDS, INDIAN TRUST SEC. 115. (a)(1) Notwithstanding any other any combination of active or inactive wells; and MANAGEMENT provision of law or Federal regulation, includ- (3) $31,500 for facilities with more than 10 SEC. 104. Appropriations made in this Act ing section 586(c) of title 40, United States Code, wells, with any combination of active or inac- under the headings Bureau of Indian Affairs the Director of the BIE, or the Director’s des- tive wells. and Office of the Special Trustee for American ignee, is authorized to enter into agreements (c) Fees for drilling rigs shall be assessed for Indians and any unobligated balances from with public and private persons and entities all inspections completed in fiscal year 2012. prior appropriations Acts made under the same that provide for such persons and entities to Fees for fiscal year 2012 shall be: headings shall be available for expenditure or rent or lease the land or facilities of a Bureau- (1) $30,500 per inspection for rigs operating in transfer for Indian trust management and re- operated school for such periods of time as the water depths of 500 feet or more; and form activities. Total funding for historical ac- school is Bureau operated, in exchange for a (2) $16,700 per inspection for rigs operating in counting activities shall not exceed amounts consideration (in the form of funds) that bene- water depths of less than 500 feet. specifically designated in this Act for such pur- fits the school, as determined by the head of the (d) The Secretary shall bill designated opera- pose. school. tors under subsection (b) within 60 days, with (2) Funds received under paragraph (1) shall REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN payment required within 30 days of billing. The be retained by the school and used for school AFFAIRS Secretary shall bill designated operators under purposes otherwise authorized by law. Any SEC. 105. Notwithstanding any other provision subsection (c) within 30 days of the end of the funds received under paragraph (1) are hereby of law, the Secretary of the Interior is author- month in which the inspection occurred, with made available until expended for such pur- ized to redistribute any Tribal Priority Alloca- payment required within 30 days of billing. poses, notwithstanding section 3302 of title 31, tion funds, including tribal base funds, to al- OIL AND GAS LEASING INTERNET PROGRAM leviate tribal funding inequities by transferring United States Code. funds to address identified, unmet needs, dual SEC. 110. Notwithstanding section 17(b)(1)(A) (3) Nothing in this section shall be construed enrollment, overlapping service areas or inac- of the Mineral Leasing Act (30 U.S.C. to allow for the diminishment of, or otherwise curate distribution methodologies. No tribe shall 226(b)(1)(A)), the Secretary of the Interior shall affect, the appropriation of funds to the budget receive a reduction in Tribal Priority Allocation have the authority to establish an oil and gas accounts for the operation and maintenance of funds of more than 10 percent in fiscal year leasing Internet program, under which the Sec- Bureau-operated schools. No funds shall be 2012. Under circumstances of dual enrollment, retary may conduct lease sales through methods withheld from the distribution to the budget of overlapping service areas or inaccurate distribu- other than oral bidding. any Bureau-operated school due to the receipt tion methodologies, the 10 percent limitation INDIAN PROBATE JUDGES by the school of a benefit in accordance with this section. does not apply. SEC. 111. Section 108 of Public Law 109–54 (the (b) Notwithstanding any provision of title 5, PAYMENT OF FEES Department of the Interior, Environment, and United States Code, or any regulation promul- Related Agencies Appropriations Act, 2006) is SEC. 106. The Secretary of the Interior may gated under such title, education personnel who amended by striking ‘‘in fiscal years 2006 use discretionary funds to pay private attorney are under the direction and supervision of the through 2010, for the purpose of reducing the fees and costs for employees and former employ- Secretary of the Interior may participate in a backlog of’’ and inserting ‘‘for fiscal year 2006 ees of the Department of the Interior reasonably fundraising activity for the benefit of a Bureau- and each fiscal year thereafter, for the purpose incurred in connection with Cobell v. Salazar to operated school in an official capacity as part of of adjudicating’’. the extent that such fees and costs are not paid their official duties. When participating in such by the Department of Justice or by private in- BUREAU OF OCEAN ENERGY MANAGEMENT, an official capacity, the employee may use the surance. In no case shall the Secretary make REGULATION AND ENFORCEMENT REORGANIZATION employee’s official title, position, and authority. payments under this section that would result SEC. 112. The Secretary of the Interior, in Nothing in this subsection shall be construed to in payment of hourly fees in excess of the high- order to implement a reorganization of the Bu- authorize participation in political activity (as est hourly rate approved by the District Court reau of Ocean Energy Management, Regulation such term is used in section 7324 of title 5, for the District of Columbia for counsel in Cobell and Enforcement, may establish accounts and United States Code) otherwise prohibited by v. Salazar. transfer funds among and between the offices law. EVERGLADES ECOSYSTEM RESTORATION and bureaus affected by the reorganization only (c) The Secretary of the Interior shall promul- SEC. 107. This and any subsequent fiscal year, in conformance with the reprogramming guide- gate regulations to carry out this section not the National Park Service is authorized to im- lines described in the report accompanying this later than 16 months after the date of the enact- plement modifications to the Tamiami Trail as Act. ment of this Act. Such regulations shall in- described in, and in accordance with, the pre- AUTHORIZED USE OF INDIAN EDUCATION FUNDS clude— (1) standards for the appropriate use of Bu- ferred alternative identified in the final environ- SEC. 113. Beginning July 1, 2008, any funds mental impact statement noticed in the Federal (including investments and interest earned, ex- reau-operated school lands and facilities by Register on December 14, 2010, (75 Fed. Reg. cept for construction funds) held by a Public third parties under a rental or lease agreement; 77896), relating to restoration efforts of the Ev- Law 100–297 grant or a Public Law 93–638 con- (2) provisions for the establishment and ad- erglades ecosystem. tract school shall, upon retrocession to or re-as- ministration of mechanisms for the acceptance of consideration for the use and benefit of a ELLIS, GOVERNORS, AND LIBERTY ISLANDS sumption by the Bureau of Indian Education, school in accordance with this section (includ- SEC. 108. Notwithstanding any other provision remain available to the Bureau of Indian Edu- ing, in appropriate cases, the establishment and of law, the Secretary of the Interior is author- cation for a period of 5 years from the date of administration of trust funds); ized to acquire lands, waters, or interests there- retrocession or re-assumption for the benefit of (3) accountability standards to ensure ethical in including the use of all or part of any pier, the programs approved for the school on October conduct; and dock, or landing within the State of New York 1, 1995. (4) provisions for monitoring the amount and and the State of New Jersey, for the purpose of CONTRACTS AND AGREEMENTS FOR WILD HORSE terms of consideration received, the manner in operating and maintaining facilities in the sup- AND BURRO HOLDING FACILITIES which the consideration is used, and any results port of transportation and accommodation of SEC. 114. (a) Notwithstanding any other provi- achieved by such use. visitors to Ellis, Governors, and Liberty Islands, sion of this Act, the Secretary of the Interior (d) Provisions of this section shall apply to and of other program and administrative activi- may enter into multiyear cooperative agreements fiscal years 2012 through 2014. ties, by donation or with appropriated funds, with nonprofit organizations and other appro- AUTHORIZED USE OF FUNDS including franchise fees (and other monetary priate entities, and may enter into multiyear SEC. 116. Section 3006 of Public Law 111–212 is consideration), or by exchange; and the Sec- contracts in accordance with the provisions of amended by striking ‘‘For fiscal years 2010 and retary is authorized to negotiate and enter into section 304B of the Federal Property and Ad- 2011’’ and inserting ‘‘For fiscal years 2010 leases, subleases, concession contracts or other ministrative Services Act of 1949 (41 U.S.C. 254c) through 2012’’. agreements for the use of such facilities on such (except that the 5-year term restriction in sub- terms and conditions as the Secretary may de- section (d) shall not apply), for the long-term MASS MARKING OF SALMONIDS termine reasonable. care and maintenance of excess wild free roam- SEC. 117. The United States Fish and Wildlife OUTER CONTINENTAL SHELF INSPECTION FEES ing horses and burros by such organizations or Service shall, in carrying out its responsibilities SEC. 109. (a) In fiscal year 2012, the Secretary entities on private land. Such cooperative agree- to protect threatened and endangered species of shall collect a nonrefundable inspection fee, ments and contracts may not exceed 10 years, salmon, implement a system of mass marking of

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00096 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9065 salmonid stocks, intended for harvest, that are aging agency, such as the National Park Service for issues of material fact. For the purposes of released from federally operated or federally fi- Business Plan Internship; this paragraph, the term ‘‘timely’’ means within nanced hatcheries including but not limited to (B) successfully fulfilled the requirements of 120 calendar days after the date that the chal- fish releases of coho, chinook, and steelhead the internship program; and lenge to the agency action or amendment at species. Marked fish must have a visible mark (C) subsequently earned an undergraduate or issue is received for administrative review. that can be readily identified by commercial and graduate degree from an accredited institution (b) ACCEPTANCE OF DONATION OF CERTAIN EX- recreational fishers. of higher education. ISTING PERMITS OR LEASES.— PROHIBITION ON USE OF FUNDS (3) The direct hire authority under this sub- (1) During fiscal year 2012 and thereafter, the section may not be exercised with respect to a Secretary of the Interior shall accept the dona- SEC. 118. (a) Any proposed new use of the Ari- specific qualified candidate after the end of the tion of any valid existing permits or leases au- zona & California Railroad Company’s Right of two-year period beginning on the date on which thorizing grazing on public lands within the Way for conveyance of water shall not proceed the candidate completed the undergraduate or California Desert Conservation Area. With re- unless the Secretary of the Interior certifies that graduate degree, as the case may be. spect to each permit or lease donated under this the proposed new use is within the scope of the (b) LOCAL HIRE AUTHORITY.—Section 1308 of paragraph, the Secretary shall terminate the Right of Way. the Alaska National Interest Lands Conserva- grazing permit or lease, ensure a permanent end (b) No funds appropriated or otherwise made tion Act of 1980 (16 U.S.C. 3198) is amended— (except as provided in paragraph (2)), to grazing available to the Department of the Interior may (1) in subsection (a), by striking ‘‘establish a on the land covered by the permit or lease, and be used, in relation to any proposal to store program’’ and inserting ‘‘establish an excepted make the land available for mitigation by allo- water underground for the purpose of export, service appointment authority,’’; cating the forage to wildlife use consistent with for approval of any right-of-way or similar au- (2) in subsection (b), by striking ‘‘competitive any applicable Habitat Conservation Plan, sec- thorization on the Mojave National Preserve or service as defined in section 2102 of such title for tion 10(a)(1)(B) permit, or section 7 consultation lands managed by the Needles Field Office of which such person is eligible under subchapter under the Endangered Species Act of 1973 (16 the Bureau of Land Management, or for car- I of chapter 33 of such title, in selection to such U.S.C. 1531 et seq.). rying out any activities associated with such position’’ and inserting ‘‘excepted service as de- (2) If the land covered by a permit or lease do- right-of-way or similar approval. fined in section 2103 of such title’’; nated under paragraph (1) is also covered by YUKON-CHARLEY NATIONAL PRESERVE (3) in subsection (e), by redesignating para- another valid existing permit or lease that is not SEC. 119. None of the funds made available by graph (2) as paragraph (3) and inserting after donated under such paragraph, the Secretary of this Act may be used by the Secretary of the In- paragraph (1) the following new paragraph (2): the Interior shall reduce the authorized grazing terior to implement or enforce regulations con- ‘‘(2) CONVERSION TO COMPETITIVE SERVICE.— level on the land covered by the permit or lease cerning boating within Yukon-Charley National Employees who satisfactorily complete two years to reflect the donation of the permit or lease Preserve, including waters subject to the juris- of continuous service in a permanent appoint- under paragraph (1). To ensure that there is a diction of the United States, pursuant to section ment made under subsection (a) and who meet permanent reduction in the level of grazing on 3(h) of Public Law 91–383 (16 U.S.C. 1a–2(h)) or satisfactory performance and competitive service the land covered by a permit or lease donated any other authority. This section does not affect qualification requirements shall have their ap- under paragraph (1), the Secretary shall not the authority of the Coast Guard to regulate the pointment converted to competitive service ca- allow grazing use to exceed the authorized level use of waters subject to the jurisdiction of the reer-conditional or career employment as appro- under the remaining valid existing permit or United States within the Yukon-Charley Na- priate. This paragraph applies to individuals lease that is not donated. tional Preserve. appointed on or after March 30, 2009. An em- TRAILING LIVESTOCK OVER PUBLIC LAND REPUBLIC OF PALAU ployee who does not meet competitive service SEC. 123. During fiscal years 2012 through 2013 SEC. 120. (a) IN GENERAL.—Subject to sub- qualification requirements after two years of only, the Bureau of Land Management may, at section (c), the United States Government, continuous service in an appointment made its sole discretion, review planning and imple- through the Secretary of the Interior shall pro- under subsection (a) shall be converted upon mentation decisions regarding the trailing of vide to the Government of Palau for fiscal year meeting such qualification requirements. Tem- livestock across public lands, including, but not 2012 grants in amounts equal to the annual porary and time-limited appointments will be limited to, issuance of crossing or trailing au- amounts specified in subsections (a), (c), and (d) made in the excepted service. There is no provi- thorizations or permits, under the National En- of section 211 of the Compact of Free Associa- sion for conversion to competitive service when vironmental Policy Act of 1969 (42 U.S.C. 4321 et tion between the Government of the United appointments are time-limited.’’. seq.). Temporary trailing or crossing authoriza- States of America and the Government of Palau (c) GULF OF MEXICO REGION.—For fiscal years tions across public lands shall not be subject to (48 U.S.C. 1931 note) (referred to in this section 2012 and 2013, funds made available in this title protest and/or appeal under subpart E of part 4 as the ‘‘Compact’’). for the Bureau of Ocean Energy Management of title 43, Code of Federal Regulations, and (b) PROGRAMMATIC ASSISTANCE.—Subject to and the Bureau of Safety and Environmental subpart 4160 of part 4100 of such title. Enforcement may be used by the Secretary of subsection (c), the United States shall provide LEASE AUTHORIZATION programmatic assistance to the Republic of the Interior to establish higher minimum rates of SEC. 124. (a) IN GENERAL.—The Secretary of Palau for fiscal year 2012 in amounts equal to basic pay for employees of the Department of the Interior (referred to in this section as the the amounts provided in subsections (a) and the Interior in the Gulf of Mexico Region in the ‘‘Secretary’’) may lease to the Savannah Bar Pi- (b)(1) of section 221 of the Compact. Geophysicist (GS–1313), Geologist (GS–1350), and lots Association, or a successor organization, no (c) LIMITATIONS ON ASSISTANCE.— Petroleum Engineer (GS–0881) job series at more than 30,000 square feet of land and im- (1) IN GENERAL.—The grants and pro- grades 5 through 15 at rates no greater than 25 grammatic assistance provided under sub- percent above the minimum rates of basic pay provements within Fort Pulaski National Monu- sections (a) and (b) shall be provided to the normally scheduled, and such higher rates shall ment (referred to in this section as the ‘‘Monu- same extent and in the same manner as the be consistent with the subsections (e) through ment’’) at the location on Cockspur Island that grants and assistance were provided in fiscal (h) of section 5305 of title 5, United States Code. has been used continuously by the Savannah Bar Pilots Association since 1940. year 2009. BUREAU OF LAND MANAGEMENT ACTIONS (b) RENTAL FEE AND PROCEEDS.— (2) TRUST FUND.—If the Government of Palau REGARDING GRAZING ON PUBLIC LANDS (1) RENTAL FEE.—For the lease authorized by withdraws more than $5,000,000 from the trust SEC. 122. (a) EXHAUSTION OF ADMINISTRATIVE this Act, the Secretary shall require a rental fee fund established under section 211(f) of the REVIEW REQUIRED.— based on fair market value adjusted, as the Sec- Compact, amounts to be provided under sub- (1) For fiscal years 2012 and 2013 only, a per- retary deems appropriate, for amounts to be ex- sections (a) and (b) shall be withheld from the son may bring a civil action challenging a deci- pended by the lessee for property preservation, Government of Palau. sion of the Bureau of Land Management con- maintenance, or repair and related expenses. HIRING AUTHORITIES cerning grazing on public lands (as defined in (2) PROCEEDS.—Disposition of the proceeds SEC. 121. (a) DIRECT HIRE AUTHORITY.— section 103(e) of the Federal Land Policy and from the rental fee required pursuant to para- (1) During fiscal year 2012 and thereafter, the Management Act of 1976 (43 U.S.C. 1702(e))) in graph (1) shall be made in accordance with sec- Secretary of the Interior may appoint, without a Federal district court only if the person has tion 3(k)(5) of Public Law 91–383 (16 U.S.C. 1a– regard to the provisions of subchapter I of chap- exhausted the administrative hearings and ap- 2(k)(5)). ter 33 of title 5, United States Code, other than peals procedures established by the Department (c) TERMS AND CONDITIONS.—A lease entered sections 3303 and 3328 of such title, a qualified of the Interior, including having filed a timely into under this section— candidate described in paragraph (1) directly to appeal and a request for stay. (1) shall be for a term of no more than 10 a position with a land managing agency of the (2) An issue may be considered in the judicial years and, at the Secretary’s discretion, for suc- Department of the Interior for which the can- review of a decision referred to in paragraph (1) cessive terms of no more than 10 years at a time; didate meets Office of Personnel Management only if the issue was raised in the administrative and qualification standards. review process described in such paragraph. (2) shall include any terms and conditions the (2) Paragraph (1) applies with respect to a (3) An exception to the requirement of ex- Secretary determines to be necessary to protect former resource assistant (as defined in section hausting the administrative review process be- the resources of the Monument and the public 203 of the Public Land Corps Act (16 U.S.C. fore seeking judicial review shall be available if interest. 1722)) who— a Federal court finds that the agency failed or (d) EXEMPTION FROM APPLICABLE LAW.—Ex- (A) completed a rigorous undergraduate or was unable to make information timely avail- cept as provided in section 2(b)(2) of this Act, graduate summer internship with a land man- able during the administrative review process the lease authorized by this Act shall not be

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00097 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9066 CONGRESSIONAL RECORD — HOUSE December 15, 2011 subject to section 3(k) of Public Law 91–383 (16 appropriation to remain available until Sep- Liability Act of 1980 (CERCLA), as amended, in- U.S.C. 1a–2(k)) or section 321 of Act of June 30, tember 30, 2013. cluding grants, interagency agreements, and as- 1932 (40 U.S.C. 1302). LEAKING UNDERGROUND STORAGE TANK TRUST sociated program support costs; $30,000,000 shall WILD LANDS FUNDING PROHIBITION FUND PROGRAM be for grants under title VII, subtitle G of the Energy Policy Act of 2005, as amended; and SEC. 125. None of the funds made available in For necessary expenses to carry out leaking $1,090,558,000 shall be for grants, including asso- this Act or any other Act may be used to imple- underground storage tank cleanup activities au- ciated program support costs, to States, feder- ment, administer, or enforce Secretarial Order thorized by subtitle I of the Solid Waste Dis- ally recognized tribes, interstate agencies, tribal No. 3310 issued by the Secretary of the Interior posal Act, as amended, $104,309,000, to remain consortia, and air pollution control agencies for on December 22, 2010: Provided, That nothing in available until expended, of which $73,809,000 multi-media or single media pollution preven- this section shall restrict the Secretary’s au- shall be for carrying out leaking underground tion, control and abatement and related activi- thorities under sections 201 and 202 of the Fed- storage tank cleanup activities authorized by ties, including activities pursuant to the provi- section 9003(h) of the Solid Waste Disposal Act, eral Land Policy and Management Act of 1976 sions set forth under this heading in Public Law as amended; $30,500,000 shall be for carrying out (43 U.S.C. 1711 and 1712). 104–134, and for making grants under section 103 TITLE II the other provisions of the Solid Waste Disposal of the Clean Air Act for particulate matter mon- Act specified in section 9508(c) of the Internal ENVIRONMENTAL PROTECTION AGENCY itoring and data collection activities subject to Revenue Code, as amended: Provided, That the SCIENCE AND TECHNOLOGY terms and conditions specified by the Adminis- Administrator is authorized to use appropria- trator, of which $49,396,000 shall be for carrying For science and technology, including re- tions made available under this heading to im- out section 128 of CERCLA, as amended, search and development activities, which shall plement section 9013 of the Solid Waste Disposal $9,980,000 shall be for Environmental Informa- include research and development activities Act to provide financial assistance to federally tion Exchange Network grants, including associ- under the Comprehensive Environmental Re- recognized Indian tribes for the development ated program support costs, $18,463,000 of the sponse, Compensation, and Liability Act of 1980, and implementation of programs to manage un- funds available for grants under section 106 of as amended; necessary expenses for personnel derground storage tanks. the Act shall be for State participation in and related costs and travel expenses; procure- INLAND OIL SPILL PROGRAMS national- and State-level statistical surveys of ment of laboratory equipment and supplies; and For expenses necessary to carry out the Envi- water resources and enhancements to State other operating expenses in support of research ronmental Protection Agency’s responsibilities monitoring programs, and, in addition to funds and development, $795,000,000, to remain avail- under the Oil Pollution Act of 1990, $18,274,000, appropriated under the heading ‘‘Leaking Un- able until September 30, 2013. to be derived from the Oil Spill Liability trust derground Storage Tank Trust Fund Program’’ ENVIRONMENTAL PROGRAMS AND MANAGEMENT fund, to remain available until expended. to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the For environmental programs and manage- STATE AND TRIBAL ASSISTANCE GRANTS ment, including necessary expenses, not other- Internal Revenue Code other than section For environmental programs and infrastruc- wise provided for, for personnel and related 9003(h) of the Solid Waste Disposal Act, as ture assistance, including capitalization grants costs and travel expenses; hire of passenger amended, $1,550,000 shall be for grants to States for State revolving funds and performance part- motor vehicles; hire, maintenance, and oper- under section 2007(f)(2) of the Solid Waste Dis- nership grants, $3,618,727,000, to remain avail- ation of aircraft; purchase of reprints; library posal Act, as amended: Provided further, That able until expended, of which $1,468,806,000 memberships in societies or associations which notwithstanding section 603(d)(7) of the Federal shall be for making capitalization grants for the issue publications to members only or at a price Water Pollution Control Act, the limitation on Clean Water State Revolving Funds under title to members lower than to subscribers who are the amounts in a State water pollution control VI of the Federal Water Pollution Control Act, not members; administrative costs of the revolving fund that may be used by a State to as amended (the ‘‘Act’’); of which $919,363,000 brownfields program under the Small Business administer the fund shall not apply to amounts shall be for making capitalization grants for the Liability Relief and Brownfields Revitalization included as principal in loans made by such Drinking Water State Revolving Funds under Act of 2002; and not to exceed $19,000 for official fund in fiscal year 2012 and prior years where section 1452 of the Safe Drinking Water Act, as reception and representation expenses, such amounts represent costs of administering amended: Provided, That for fiscal year 2012, to $2,682,514,000, to remain available until Sep- the fund to the extent that such amounts are or the extent there are sufficient eligible project tember 30, 2013: Provided, That of the funds in- were deemed reasonable by the Administrator, applications, not less than 10 percent of the cluded under this heading, not less than accounted for separately from other assets in funds made available under this title to each $410,375,000 shall be for Geographic Programs the fund, and used for eligible purposes of the State for Clean Water State Revolving Fund specified in the explanatory statement accom- fund, including administration: Provided fur- capitalization grants shall be used by the State panying this Act. ther, That for fiscal year 2012, and notwith- for projects to address green infrastructure, standing section 518(f) of the Act, the Adminis- OFFICE OF INSPECTOR GENERAL water or energy efficiency improvements, or trator is authorized to use the amounts appro- For necessary expenses of the Office of In- other environmentally innovative activities: Pro- priated for any fiscal year under section 319 of spector General in carrying out the provisions of vided further, That for fiscal year 2012, funds that Act to make grants to federally recognized the Inspector General Act of 1978, as amended, made available under this title to each State for Indian tribes pursuant to sections 319(h) and $42,000,000, to remain available until September Drinking Water State Revolving Fund capital- 518(e) of that Act: Provided further, That for 30, 2013. ization grants may, at the discretion of each fiscal year 2012, notwithstanding the limitation BUILDINGS AND FACILITIES State, be used for projects to address green in- on amounts in section 518(c) of the Federal For construction, repair, improvement, exten- frastructure, water or energy efficiency improve- Water Pollution Control Act and section 1452(i) sion, alteration, and purchase of fixed equip- ments, or other environmentally innovative ac- of the Safe Drinking Water Act, up to a total of ment or facilities of, or for use by, the Environ- tivities; $5,000,000 shall be for architectural, en- 2 percent of the funds appropriated for State mental Protection Agency, $36,428,000, to remain gineering, planning, design, construction and Revolving Funds under such Acts may be re- available until expended. related activities in connection with the con- served by the Administrator for grants under struction of high priority water and wastewater section 518(c) and section 1452(i) of such Acts: HAZARDOUS SUBSTANCE SUPERFUND facilities in the area of the United States-Mexico Provided further, That for fiscal year 2012, not- (INCLUDING TRANSFERS OF FUNDS) Border, after consultation with the appropriate withstanding the amounts specified in section For necessary expenses to carry out the Com- border commission; $10,000,000 shall be for 205(c) of the Federal Water Pollution Control prehensive Environmental Response, Compensa- grants to the State of Alaska to address drink- Act, up to 1.5 percent of the aggregate funds ap- tion, and Liability Act of 1980 (CERCLA), as ing water and wastewater infrastructure needs propriated for the Clean Water State Revolving amended, including sections 111(c)(3), (c)(5), of rural and Alaska Native Villages: Provided Fund program under the Act less any sums re- (c)(6), and (e)(4) (42 U.S.C. 9611) $1,215,753,000, further, That, of these funds: (1) the State of served under section 518(c) of the Act, may be to remain available until expended, consisting of Alaska shall provide a match of 25 percent; (2) reserved by the Administrator for grants made such sums as are available in the Trust Fund on no more than 5 percent of the funds may be used under title II of the Clean Water Act for Amer- September 30, 2011, as authorized by section for administrative and overhead expenses; and ican Samoa, Guam, the Commonwealth of the 517(a) of the Superfund Amendments and Reau- (3) the State of Alaska shall make awards con- Northern Marianas, and United States Virgin thorization Act of 1986 (SARA) and up to sistent with the State-wide priority list estab- Islands: Provided further, That for fiscal year $1,215,753,000 as a payment from general reve- lished in conjunction with the Agency and the 2012, notwithstanding the limitations on nues to the Hazardous Substance Superfund for U.S. Department of Agriculture for all water, amounts specified in section 1452(j) of the Safe purposes as authorized by section 517(b) of sewer, waste disposal, and similar projects car- Drinking Water Act, up to 1.5 percent of the SARA, as amended: Provided, That funds ap- ried out by the State of Alaska that are funded funds appropriated for the Drinking Water propriated under this heading may be allocated under section 221 of the Federal Water Pollution State Revolving Fund programs under the Safe to other Federal agencies in accordance with Control Act (33 U.S.C. 1301) or the Consolidated Drinking Water Act may be reserved by the Ad- section 111(a) of CERCLA: Provided further, Farm and Rural Development Act (7 U.S.C. 1921 ministrator for grants made under section 1452(j) That of the funds appropriated under this head- et seq.) which shall allocate not less than 25 per- of the Safe Drinking Water Act: Provided fur- ing, $9,955,000 shall be paid to the ‘‘Office of In- cent of the funds provided for projects in re- ther, That not less than 20 percent but not more spector General’’ appropriation to remain avail- gional hub communities; $95,000,000 shall be to than 30 percent of the funds made available able until September 30, 2013, and $23,016,000 carry out section 104(k) of the Comprehensive under this title to each State for Clean Water shall be paid to the ‘‘Science and Technology’’ Environmental Response, Compensation, and State Revolving Fund capitalization grants and

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00098 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9067 not less than 20 percent but not more than 30 Provided, That of these funds, $5,000,000 shall as authorized by law; of which $53,388,000 is to percent of the funds made available under this be rescinded from unobligated balances within be derived from the Land and Water Conserva- title to each State for Drinking Water State Re- the ‘‘Hazardous Substance Superfund’’ account; tion Fund. volving Fund capitalization grants shall be used $5,000,000 shall be rescinded from unobligated NATIONAL FOREST SYSTEM by the State to provide additional subsidy to eli- Brownfields balances within the ‘‘State and For necessary expenses of the Forest Service, gible recipients in the form of forgiveness of Tribal Assistance Grants’’ account; $5,000,000 not otherwise provided for, for management, principal, negative interest loans, or grants (or shall be rescinded from unobligated Mexico Bor- protection, improvement, and utilization of the any combination of these), and shall be so used der balances within the ‘‘State and Tribal As- National Forest System, $1,556,628,000, to remain by the State only where such funds are provided sistance Grants’’ account; $5,000,000 shall be re- available until expended: Provided, That of the as initial financing for an eligible recipient or to scinded from unobligated Diesel Emissions Re- funds provided, $336,049,000 shall be for forest buy, refinance, or restructure the debt obliga- duction Act balances within the ‘‘State and products: Provided further, That of the funds tions of eligible recipients only where such debt Tribal Assistance Grants’’ account; $20,000,000 provided, $40,000,000 shall be deposited in the was incurred on or after the date of enactment shall be rescinded from unobligated categorical Collaborative Forest Landscape Restoration of this Act, except that for the Clean Water grant balances within the ‘‘State and Tribal As- Fund for ecological restoration treatments as State Revolving Fund capitalization grant ap- sistance Grants’’ account; and $10,000,000 shall authorized by 16 U.S.C. 7303(f): Provided fur- propriation this section shall only apply to the be rescinded from unobligated Clean Water ther, That of the funds provided, up to portion that exceeds $1,000,000,000: Provided State Revolving Funds balances within the $68,000,000 is for the Integrated Resource Res- further, That no funds provided by this appro- ‘‘State and Tribal Assistance Grants’’ account: toration pilot program for Region 1, Region 3 priations Act to address the water, wastewater Provided further, That no amounts may be re- and Region 4: Provided further, That of the and other critical infrastructure needs of the scinded from amounts that were designated by funds provided for forest products, up to colonias in the United States along the United the Congress as an emergency requirement pur- $44,585,000 may be transferred to support the In- States-Mexico border shall be made available to suant to the Concurrent Resolution on the tegrated Resource Restoration pilot program in a county or municipal government unless that Budget or the Balanced Budget and Emergency the preceding proviso. government has established an enforceable local Deficit Control Act of 1985, as amended. ordinance, or other zoning rule, which prevents For fiscal year 2012 and each fiscal year CAPITAL IMPROVEMENT AND MAINTENANCE in that jurisdiction the development or construc- thereafter, the requirements of section 513 of the (INCLUDING TRANSFER OF FUNDS) tion of any additional colonia areas, or the de- Federal Water Pollution Control Act (33 U.S.C. For necessary expenses of the Forest Service, velopment within an existing colonia the con- 1372) shall apply to the construction of treat- not otherwise provided for, $394,721,000, to re- struction of any new home, business, or other ment works carried out in whole or in part with main available until expended, for construction, structure which lacks water, wastewater, or assistance made available by a State water pol- capital improvement, maintenance and acquisi- other necessary infrastructure: Provided fur- lution control revolving fund as authorized by tion of buildings and other facilities and infra- ther, That for fiscal year 2012 and hereafter, the title VI of that Act (33 U.S.C. 1381 et seq.), or structure; and for construction, reconstruction, Administrator may transfer funds provided for with assistance made available under section decommissioning (including decommissioning tribal set-asides through funds appropriated for 205(m) of that Act (33 U.S.C. 1285(m)), or both. unauthorized roads not part of the transpor- the Clean Water State Revolving Funds and for For fiscal year 2012 and each fiscal year tation system), and maintenance of forest roads the Drinking Water State Revolving Funds be- thereafter, the requirements of section 1450(e) of and trails by the Forest Service as authorized by tween those accounts in such manner as the Ad- the Safe Drinking Water Act (42 U.S.C. 300j– 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: ministrator deems appropriate, but not to exceed 9(e)) shall apply to any construction project car- Provided, That $45,000,000 shall be designated the transfer limits given to States under section ried out in whole or in part with assistance for urgently needed road decommissioning, road 302(a) of Public Law 104–182. made available by a drinking water treatment and trail repair and maintenance and associ- ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL revolving loan fund as authorized by section ated activities, and removal of fish passage bar- PROTECTION AGENCY 1452 of that Act (42 U.S.C. 300j–12). riers, especially in areas where Forest Service Notwithstanding section 104 of the Com- (INCLUDING TRANSFER AND RESCISSION OF FUNDS) roads may be contributing to water quality prehensive Environmental Response, Compensa- problems in streams and water bodies which For fiscal year 2012, notwithstanding 31 tion, and Liability Act (42 U.S.C. 9604), the Ad- support threatened, endangered, or sensitive U.S.C. 6303(1) and 6305(1), the Administrator of ministrator may authorize the expenditure or species or community water sources: Provided the Environmental Protection Agency, in car- transfer of up to $10,000,000 from any appropria- further, That funds becoming available in fiscal rying out the Agency’s function to implement tion in this title, in addition to the amounts in- year 2012 under the Act of March 4, 1913 (16 directly Federal environmental programs re- cluded in the ‘‘Inland Oil Spill Programs’’ ac- U.S.C. 501) shall be transferred to the General quired or authorized by law in the absence of an count, for removal activities related to actual oil Fund of the Treasury and shall not be available acceptable tribal program, may award coopera- spills 5 days after notifying the House and Sen- for transfer or obligation for any other purpose tive agreements to federally recognized Indian ate Committees on Appropriations of the inten- unless the funds are appropriated: Provided fur- tribes or Intertribal consortia, if authorized by tion to expend or transfer such funds: Provided, ther, That of the funds provided for decommis- their member tribes, to assist the Administrator That no funds shall be expended or transferred sioning of roads, up to $13,000,000 may be trans- in implementing Federal environmental pro- under this authority until the Administrator de- ferred to the ‘‘National Forest System’’ to sup- grams for Indian tribes required or authorized termines that amounts made available for ex- port the Integrated Resource Restoration pilot by law, except that no such cooperative agree- penditure in the ‘‘Inland Oil Spill Programs’’ program. ments may be awarded from funds designated account will be exhausted within 30 days: Pro- LAND ACQUISITION for State financial assistance agreements. vided further, That such funds shall be replen- The Administrator of the Environmental Pro- ished to the appropriation that was the source For expenses necessary to carry out the provi- tection Agency is authorized to collect and obli- of the expenditure or transfer, following EPA’s sions of the Land and Water Conservation Fund gate pesticide registration service fees in accord- receipt of reimbursement from the Oil Spill Li- Act of 1965, as amended (16 U.S.C. 460l–4 ance with section 33 of the Federal Insecticide, ability Trust Fund pursuant to the Oil Pollution through 11), including administrative expenses, Fungicide, and Rodenticide Act, as amended by Act of 1990. and for acquisition of land or waters, or interest Public Law 110–94, the Pesticide Registration therein, in accordance with statutory authority TITLE III Improvement Renewal Act. applicable to the Forest Service, $52,605,000, to The Administrator is authorized to transfer up RELATED AGENCIES be derived from the Land and Water Conserva- to $300,000,000 of the funds appropriated for the DEPARTMENT OF AGRICULTURE tion Fund and to remain available until ex- Great Lakes Restoration Initiative under the FOREST SERVICE pended. heading ‘‘Environmental Programs and Man- FOREST AND RANGELAND RESEARCH ACQUISITION OF LANDS FOR NATIONAL FORESTS agement’’ to the head of any Federal depart- For necessary expenses of forest and range- SPECIAL ACTS ment or agency, with the concurrence of such land research as authorized by law, $295,773,000, For acquisition of lands within the exterior head, to carry out activities that would support to remain available until expended: Provided, boundaries of the Cache, Uinta, and Wasatch the Great Lakes Restoration Initiative and That of the funds provided, $64,372,000 is for the National Forests, Utah; the Toiyabe National Great Lakes Water Quality Agreement pro- forest inventory and analysis program. Forest, Nevada; and the Angeles, San grams, projects, or activities; to enter into an Bernardino, Sequoia, and Cleveland National interagency agreement with the head of such STATE AND PRIVATE FORESTRY Forests, California, as authorized by law, Federal department or agency to carry out these For necessary expenses of cooperating with $955,000, to be derived from forest receipts. activities; and to make grants to governmental and providing technical and financial assist- entities, nonprofit organizations, institutions, ance to States, territories, possessions, and oth- ACQUISITION OF LANDS TO COMPLETE LAND and individuals for planning, research, moni- ers, and for forest health management, includ- EXCHANGES toring, outreach, and implementation in fur- ing treatments of pests, pathogens, and invasive For acquisition of lands, such sums, to be de- therance of the Great Lakes Restoration Initia- or noxious plants and for restoring and rehabili- rived from funds deposited by State, county, or tive and the Great Lakes Water Quality Agree- tating forests damaged by pests or invasive municipal governments, public school districts, ment. plants, cooperative forestry, and education and or other public school authorities, and for au- From unobligated balances available to the land conservation activities and conducting an thorized expenditures from funds deposited by Administrator of the Environmental Protection international program as authorized, non-Federal parties pursuant to Land Sale and Agency, $50,000,000 are permanently rescinded: $253,331,000, to remain available until expended, Exchange Acts, pursuant to the Act of December

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00099 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9068 CONGRESSIONAL RECORD — HOUSE December 15, 2011 4, 1967, as amended (16 U.S.C. 484a), to remain to the ‘‘State and Private Forestry’’, ‘‘National for transfer to the ‘‘Wildland Fire Manage- available until expended (16 U.S.C. 460l–516– Forest System’’, and ‘‘Forest and Rangeland ment’’ account and only following a declaration 617a, 555a; Public Law 96–586; Public Law 76– Research’’ accounts to fund State fire assist- by the Secretary that either (1) a wildland fire 589, 76–591; and Public Law 78–310). ance, volunteer fire assistance, forest health suppression event meets certain previously es- RANGE BETTERMENT FUND management, forest and rangeland research, the tablished risk-based written criteria for signifi- Joint Fire Science Program, vegetation and wa- cant complexity, severity, or threat posed by the For necessary expenses of range rehabilita- tershed management, heritage site rehabilita- fire or (2) funds in the ‘‘Wildland Fire Manage- tion, protection, and improvement, 50 percent of tion, and wildlife and fish habitat management ment’’ account will be exhausted within 30 days. all moneys received during the prior fiscal year, and restoration: Provided further, That the ADMINISTRATIVE PROVISIONS—FOREST SERVICE as fees for grazing domestic livestock on lands in costs of implementing any cooperative agree- (INCLUDING TRANSFERS OF FUNDS) National Forests in the 16 Western States, pur- ment between the Federal Government and any suant to section 401(b)(1) of Public Law 94–579, non-Federal entity may be shared, as mutually Appropriations to the Forest Service for the as amended, to remain available until expended, agreed on by the affected parties: Provided fur- current fiscal year shall be available for: (1) of which not to exceed 6 percent shall be avail- ther, That up to $15,000,000 of the funds pro- purchase of passenger motor vehicles; acquisi- able for administrative expenses associated with vided herein may be used by the Secretary of tion of passenger motor vehicles from excess on-the-ground range rehabilitation, protection, Agriculture to enter into procurement contracts sources, and hire of such vehicles; purchase, and improvements. or cooperative agreements or to issue grants for lease, operation, maintenance, and acquisition GIFTS, DONATIONS AND BEQUESTS FOR FOREST hazardous fuels reduction and for training or of aircraft from excess sources to maintain the AND RANGELAND RESEARCH monitoring associated with such hazardous operable fleet for use in Forest Service wildland fire programs and other Forest Service pro- For expenses authorized by 16 U.S.C. 1643(b), fuels reduction activities on Federal land or on grams; notwithstanding other provisions of law, $45,000, to remain available until expended, to non-Federal land if the Secretary determines existing aircraft being replaced may be sold, be derived from the fund established pursuant to such activities implement a community wildfire with proceeds derived or trade-in value used to the above Act. protection plan (or equivalent) and benefit re- sources on Federal land: Provided further, That offset the purchase price for the replacement MANAGEMENT OF NATIONAL FOREST LANDS FOR funds made available to implement the Commu- aircraft; (2) services pursuant to 7 U.S.C. 2225, SUBSISTENCE USES nity Forest Restoration Act, Public Law 106–393, and not to exceed $100,000 for employment under For necessary expenses of the Forest Service title VI, shall be available for use on non-Fed- 5 U.S.C. 3109; (3) purchase, erection, and alter- to manage Federal lands in Alaska for subsist- eral lands in accordance with authorities made ation of buildings and other public improve- ence uses under title VIII of the Alaska Na- available to the Forest Service under the ‘‘State ments (7 U.S.C. 2250); (4) acquisition of land, tional Interest Lands Conservation Act (Public and Private Forestry’’ appropriation: Provided waters, and interests therein pursuant to 7 Law 96–487), $2,577,000, to remain available further, That the Secretary of the Interior and U.S.C. 428a; (5) for expenses pursuant to the until expended. the Secretary of Agriculture may authorize the Volunteers in the National Forest Act of 1972 (16 WILDLAND FIRE MANAGEMENT transfer of funds appropriated for wildland fire U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902; (INCLUDING TRANSFERS OF FUNDS) management, in an aggregate amount not to ex- ceed $50,000,000, between the Departments when and (7) for debt collection contracts in accord- For necessary expenses for forest fire such transfers would facilitate and expedite ance with 31 U.S.C. 3718(c). presuppression activities on National Forest wildland fire management programs and Any appropriations or funds available to the System lands, for emergency fire suppression on projects: Provided further, That of the funds Forest Service may be transferred to the or adjacent to such lands or other lands under provided for hazardous fuels reduction, not to Wildland Fire Management appropriation for fire protection agreement, hazardous fuels re- exceed $5,000,000 may be used to make grants, forest firefighting, emergency rehabilitation of duction on or adjacent to such lands, and for using any authorities available to the Forest burned-over or damaged lands or waters under emergency rehabilitation of burned-over Na- Service under the ‘‘State and Private Forestry’’ its jurisdiction, and fire preparedness due to se- tional Forest System lands and water, appropriation, for the purpose of creating incen- vere burning conditions upon the Secretary’s $1,737,631,000, to remain available until ex- tives for increased use of biomass from National notification of the House and Senate Committees pended: Provided, That such funds including Forest System lands: Provided further, That no on Appropriations that all fire suppression unobligated balances under this heading, are amounts may be cancelled from amounts that funds appropriated under the headings available for repayment of advances from other were designated by the Congress as an emer- ‘‘Wildland Fire Management’’ and ‘‘FLAME appropriations accounts previously transferred gency requirement pursuant to the Concurrent Wildfire Suppression Reserve Fund’’ will be ob- for such purposes: Provided further, That such Resolution on the Budget or the Balanced ligated within 30 days: Provided, That all funds funds shall be available to reimburse State and Budget and Emergency Deficit Control Act of used pursuant to this paragraph must be replen- other cooperating entities for services provided 1985, as amended: Provided further, That before ished by a supplemental appropriation which in response to wildfire and other emergencies or obligating any of the funds provided herein for must be requested as promptly as possible. disasters to the extent such reimbursements by wildland fire suppression, the Secretary of Agri- Funds appropriated to the Forest Service shall the Forest Service for non-fire emergencies are culture shall obligate all unobligated balances be available for assistance to or through the fully repaid by the responsible emergency man- previously made available under this heading Agency for International Development in con- agement agency: Provided further, That, not- (including the unobligated balances transferred nection with forest and rangeland research, withstanding any other provision of law, to Forest Service accounts under this heading technical information, and assistance in foreign $7,262,000 of funds appropriated under this ap- by division B of the Consolidated Security, Dis- countries, and shall be available to support for- propriation shall be available for the Forest aster Assistance, and Continuing Appropria- estry and related natural resource activities out- Service in support of fire science research au- tions Act, 2009 (Public Law 110–329, 122 Stat. side the United States and its territories and thorized by the Joint Fire Science Program, in- 3594)) that, when appropriated, were designated possessions, including technical assistance, edu- cluding all Forest Service authorities for the use by Congress as an emergency requirement pur- cation and training, and cooperation with U.S., of funds, such as contracts, grants, research suant to the Concurrent Resolution on the private, and international organizations. The joint venture agreements, and cooperative agree- Budget or the Balanced Budget and Emergency Forest Service, acting for the International Pro- ments: Provided further, That all authorities for Deficit Control Act of 1985 and notify the Com- gram, may sign direct funding agreements with the use of funds, including the use of contracts, mittees on Appropriations of the House of Rep- foreign governments and institutions as well as grants, and cooperative agreements, available to resentatives and the Senate in writing of the im- other domestic agencies (including the U.S. execute the Forest and Rangeland Research ap- minent need to begin obligating funds provided Agency for International Development, the De- propriation, are also available in the utilization herein for wildland fire suppression: Provided partment of State, and the Millennium Chal- of these funds for Fire Science Research: Pro- further, That funds designated for wildfire sup- lenge Corporation), U.S. private sector firms, in- vided further, That funds provided shall be pression, including funds transferred from the stitutions and organizations to provide technical available for emergency rehabilitation and res- ‘‘FLAME Wildfire Suppression Reserve Fund’’, assistance and training programs overseas on toration, hazardous fuels reduction activities in shall be assessed for cost pools on the same basis forestry and rangeland management. the urban-wildland interface, support to Fed- None of the funds made available to the For- as such assessments are calculated against other eral emergency response, and wildfire suppres- est Service in this Act or any other Act with re- agency programs: Provided further, That of the sion activities of the Forest Service: Provided spect to any fiscal year shall be subject to trans- funds for hazardous fuels reduction, up to further, That of the funds provided, $317,584,000 fer under the provisions of section 702(b) of the $21,000,000 may be transferred to the ‘‘National is for hazardous fuels reduction activities, Department of Agriculture Organic Act of 1944 Forest System’’ to support the Integrated Re- $21,734,000 is for research activities and to make (7 U.S.C. 2257), section 442 of Public Law 106– source Restoration pilot program. competitive research grants pursuant to the For- 224 (7 U.S.C. 7772), or section 10417(b) of Public est and Rangeland Renewable Resources Re- FLAME WILDFIRE SUPPRESSION RESERVE FUND Law 107–107 (7 U.S.C. 8316(b)). search Act, as amended (16 U.S.C. 1641 et seq.), (INCLUDING TRANSFERS OF FUNDS) None of the funds available to the Forest $55,564,000 is for State fire assistance, $6,366,000 For necessary expenses for large fire suppres- Service may be reprogrammed without the ad- is for volunteer fire assistance, $15,983,000 is for sion operations of the Department of Agri- vance approval of the House and Senate Com- forest health activities on Federal lands and culture and as a reserve fund for suppression mittees on Appropriations in accordance with $8,366,000 is for forest health activities on State and Federal emergency response activities, the reprogramming procedures contained in the and private lands: Provided further, That $315,886,000, to remain available until expended: joint explanatory statement of the managers ac- amounts in this paragraph may be transferred Provided, That such amounts are available only companying this Act.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00100 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9069 Not more than $82,000,000 of funds available facilities maintenance and decommissioning. Services under the authority of title IV of the to the Forest Service shall be transferred to the Such assessments shall occur using a square Indian Health Care Improvement Act shall re- Working Capital Fund of the Department of Ag- foot rate charged on the same basis the agency main available until expended for the purpose of riculture and not more than $14,500,000 of funds uses to assess programs for payment of rent, achieving compliance with the applicable condi- available to the Forest Service shall be trans- utilities, and other support services. tions and requirements of titles XVIII and XIX ferred to the Department of Agriculture for De- Notwithstanding any other provision of law, of the Social Security Act, except for those re- partment Reimbursable Programs, commonly re- any appropriations or funds available to the lated to the planning, design, or construction of ferred to as Greenbook charges. Nothing in this Forest Service not to exceed $500,000 may be new facilities: Provided further, That funding paragraph shall prohibit or limit the use of re- used to reimburse the Office of the General contained herein for scholarship programs imbursable agreements requested by the Forest Counsel (OGC), Department of Agriculture, for under the Indian Health Care Improvement Act Service in order to obtain services from the De- travel and related expenses incurred as a result (25 U.S.C. 1613) shall remain available until ex- partment of Agriculture’s National Information of OGC assistance or participation requested by pended: Provided further, That amounts re- Technology Center. Nothing in this paragraph the Forest Service at meetings, training sessions, ceived by tribes and tribal organizations under shall limit the Forest Service portion of imple- management reviews, land purchase negotia- title IV of the Indian Health Care Improvement mentation costs to be paid to the Department of tions and similar nonlitigation-related matters. Act shall be reported and accounted for and Agriculture for the Financial Management Mod- Future budget justifications for both the Forest available to the receiving tribes and tribal orga- ernization Initiative. Service and the Department of Agriculture nizations until expended: Provided further, Of the funds available to the Forest Service should clearly display the sums previously That, notwithstanding any other provision of up to $5,000,000 shall be available for priority transferred and the requested funding transfers. law, of the amounts provided herein, not to ex- projects within the scope of the approved budg- An eligible individual who is employed in any ceed $472,193,000 shall be for payments to tribes et, which shall be carried out by the Youth Con- project funded under title V of the Older Amer- and tribal organizations for contract or grant servation Corps and shall be carried out under ican Act of 1965 (42 U.S.C. 3056 et seq.) and ad- support costs associated with contracts, grants, the authority of the Public Lands Corps Act of ministered by the Forest Service shall be consid- self-governance compacts, or annual funding 1993, Public Law 103–82, as amended by Public ered to be a Federal employee for purposes of agreements between the Indian Health Service Lands Corps Healthy Forests Restoration Act of chapter 171 of title 28, United States Code. and a tribe or tribal organization pursuant to 2005, Public Law 109–154. DEPARTMENT OF HEALTH AND HUMAN the Indian Self-Determination Act of 1975, as Of the funds available to the Forest Service, SERVICES amended, prior to or during fiscal year 2012, of $4,000 is available to the Chief of the Forest INDIAN HEALTH SERVICE which not to exceed $10,000,000 may be used for Service for official reception and representation INDIAN HEALTH SERVICES contract support costs associated with new or expenses. For expenses necessary to carry out the Act of expanded self-determination contracts, grants, Pursuant to sections 405(b) and 410(b) of Pub- August 5, 1954 (68 Stat. 674), the Indian Self-De- self-governance compacts, or annual funding lic Law 101–593, of the funds available to the termination Act, the Indian Health Care Im- agreements: Provided further, That the Bureau Forest Service, up to $3,000,000 may be advanced provement Act, and titles II and III of the Pub- of Indian Affairs may collect from the Indian in a lump sum to the National Forest Founda- lic Health Service Act with respect to the Indian Health Service, tribes and tribal organizations tion to aid conservation partnership projects in Health Service, $3,872,377,000, together with operating health facilities pursuant to Public support of the Forest Service mission, without payments received during the fiscal year pursu- Law 93–638, such individually identifiable regard to when the Foundation incurs expenses, ant to 42 U.S.C. 238(b) and 238b for services fur- health information relating to disabled children for projects on or benefitting National Forest nished by the Indian Health Service: Provided, as may be necessary for the purpose of carrying System lands or related to Forest Service pro- That funds made available to tribes and tribal out its functions under the Individuals with grams: Provided, That of the Federal funds organizations through contracts, grant agree- Disabilities Education Act (20 U.S.C. 1400, et made available to the Foundation, no more than ments, or any other agreements or compacts au- seq.): Provided further, That the Indian Health $300,000 shall be available for administrative ex- thorized by the Indian Self-Determination and Care Improvement Fund may be used, as need- penses: Provided further, That the Foundation Education Assistance Act of 1975 (25 U.S.C. 450), ed, to carry out activities typically funded shall obtain, by the end of the period of Federal shall be deemed to be obligated at the time of the under the Indian Health Facilities account. financial assistance, private contributions to grant or contract award and thereafter shall re- INDIAN HEALTH FACILITIES match on at least one-for-one basis funds made main available to the tribe or tribal organization For construction, repair, maintenance, im- available by the Forest Service: Provided fur- without fiscal year limitation: Provided further, provement, and equipment of health and related ther, That the Foundation may transfer Federal That $844,927,000 for contract medical care, in- auxiliary facilities, including quarters for per- funds to a Federal or a non-Federal recipient cluding $51,500,000 for the Indian Catastrophic sonnel; preparation of plans, specifications, and for a project at the same rate that the recipient Health Emergency Fund, shall remain available drawings; acquisition of sites, purchase and has obtained the non-Federal matching funds: until expended: Provided further, That of the erection of modular buildings, and purchases of Provided further, That authorized investments funding provided for information technology ac- trailers; and for provision of domestic and com- of Federal funds held by the Foundation may be tivities and, notwithstanding any other provi- munity sanitation facilities for Indians, as au- made only in interest-bearing obligations of the sion of law, $4,000,000 shall be allocated at the thorized by section 7 of the Act of August 5, 1954 United States or in obligations guaranteed as to discretion of the Director of the Indian Health (42 U.S.C. 2004a), the Indian Self-Determination both principal and interest by the United States. Pursuant to section 2(b)(2) of Public Law 98– Service: Provided further, That of the funds Act, and the Indian Health Care Improvement 244, $3,000,000 of the funds available to the For- provided, up to $36,000,000 shall remain avail- Act, and for expenses necessary to carry out est Service may be advanced to the National able until expended for implementation of the such Acts and titles II and III of the Public Fish and Wildlife Foundation in a lump sum to loan repayment program under section 108 of Health Service Act with respect to environ- aid cost-share conservation projects, without re- the Indian Health Care Improvement Act: Pro- mental health and facilities support activities of gard to when expenses are incurred, on or bene- vided further, That the amounts collected by the the Indian Health Service, $441,052,000, to re- fitting National Forest System lands or related Federal Government as authorized by sections main available until expended: Provided, That to Forest Service programs: Provided, That such 104 and 108 of the Indian Health Care Improve- notwithstanding any other provision of law, funds shall be matched on at least a one-for-one ment Act (25 U.S.C. 1613a and 1616a) during the funds appropriated for the planning, design, basis by the Foundation or its sub-recipients: preceding fiscal year for breach of contracts construction, renovation or expansion of health Provided further, That the Foundation may shall be deposited to the Fund authorized by facilities for the benefit of an Indian tribe or transfer Federal funds to a Federal or non-Fed- section 108A of the Act (25 U.S.C. 1616a–1) and tribes may be used to purchase land on which eral recipient for a project at the same rate that shall remain available until expended and, not- such facilities will be located: Provided further, the recipient has obtained the non-Federal withstanding section 108A(c) of the Act (25 That not to exceed $500,000 shall be used by the matching funds. U.S.C. 1616a–1(c)), funds shall be available to Indian Health Service to purchase TRANSAM Funds appropriated to the Forest Service shall make new awards under the loan repayment equipment from the Department of Defense for be available for interactions with and providing and scholarship programs under sections 104 distribution to the Indian Health Service and technical assistance to rural communities and and 108 of the Act (25 U.S.C. 1613a and 1616a): tribal facilities: Provided further, That none of natural resource-based businesses for sustain- Provided further, That notwithstanding any the funds appropriated to the Indian Health able rural development purposes. other provision of law, the amounts made avail- Service may be used for sanitation facilities con- Funds appropriated to the Forest Service shall able within this account for the methamphet- struction for new homes funded with grants by be available for payments to counties within the amine and suicide prevention and treatment ini- the housing programs of the United States De- Columbia River Gorge National Scenic Area, tiative and for the domestic violence prevention partment of Housing and Urban Development: pursuant to section 14(c)(1) and (2), and section initiative shall be allocated at the discretion of Provided further, That not to exceed $2,700,000 16(a)(2) of Public Law 99–663. the Director of the Indian Health Service and from this account and the ‘‘Indian Health Serv- Any funds appropriated to the Forest Service shall remain available until expended: Provided ices’’ account shall be used by the Indian may be used to meet the non-Federal share re- further, That funds provided in this Act may be Health Service to obtain ambulances for the In- quirement in section 502(c) of the Older Amer- used for annual contracts and grants that fall dian Health Service and tribal facilities in con- ican Act of 1965 (42 U.S.C. 3056(c)(2)). within 2 fiscal years, provided the total obliga- junction with an existing interagency agreement Funds available to the Forest Service, not to tion is recorded in the year the funds are appro- between the Indian Health Service and the Gen- exceed $55,000,000, shall be assessed for the pur- priated: Provided further, That the amounts col- eral Services Administration: Provided further, pose of performing fire, administrative and other lected by the Secretary of Health and Human That not to exceed $500,000 shall be placed in a

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00101 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9070 CONGRESSIONAL RECORD — HOUSE December 15, 2011 Demolition Fund, to remain available until ex- Provided further, That reimbursements for authorized by 5 U.S.C. 3109 but at rates for indi- pended, and be used by the Indian Health Serv- training, technical assistance, or services pro- viduals not to exceed the per diem equivalent to ice for the demolition of Federal buildings. vided by the Indian Health Service will contain the maximum rate payable for senior level posi- ADMINISTRATIVE PROVISIONS—INDIAN HEALTH total costs, including direct, administrative, and tions under 5 U.S.C. 5376, $11,147,000: Provided, SERVICE overhead associated with the provision of goods, That the Chemical Safety and Hazard Inves- Appropriations provided in this Act to the In- services, or technical assistance: Provided fur- tigation Board (Board) shall have not more dian Health Service shall be available for serv- ther, That the appropriation structure for the than three career Senior Executive Service posi- ices as authorized by 5 U.S.C. 3109 at rates not Indian Health Service may not be altered with- tions: Provided further, That notwithstanding to exceed the per diem rate equivalent to the out advance notification to the House and Sen- any other provision of law, the individual ap- maximum rate payable for senior-level positions ate Committees on Appropriations. pointed to the position of Inspector General of under 5 U.S.C. 5376; hire of passenger motor ve- NATIONAL INSTITUTES OF HEALTH the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold hicles and aircraft; purchase of medical equip- NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH the position of Inspector General of the Board: ment; purchase of reprints; purchase, renova- SCIENCES tion and erection of modular buildings and ren- Provided further, That notwithstanding any For necessary expenses for the National Insti- ovation of existing facilities; payments for tele- other provision of law, the Inspector General of tute of Environmental Health Sciences in car- phone service in private residences in the field, the Board shall utilize personnel of the Office of rying out activities set forth in section 311(a) of when authorized under regulations approved by Inspector General of EPA in performing the du- the Comprehensive Environmental Response, the Secretary; uniforms or allowances therefor ties of the Inspector General of the Board, and Compensation, and Liability Act of 1980, as as authorized by 5 U.S.C. 5901–5902; and for ex- shall not appoint any individuals to positions amended, and section 126(g) of the Superfund penses of attendance at meetings that relate to within the Board. Amendments and Reauthorization Act of 1986, the functions or activities of the Indian Health OFFICE OF NAVAJO AND HOPI INDIAN $79,054,000. Service: Provided, That in accordance with the RELOCATION AGENCY FOR TOXIC SUBSTANCES AND DISEASE provisions of the Indian Health Care Improve- SALARIES AND EXPENSES ment Act, non-Indian patients may be extended REGISTRY For necessary expenses of the Office of Navajo health care at all tribally administered or In- TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC and Hopi Indian Relocation as authorized by dian Health Service facilities, subject to charges, HEALTH Public Law 93–531, $7,750,000, to remain avail- and the proceeds along with funds recovered For necessary expenses for the Agency for able until expended: Provided, That funds pro- under the Federal Medical Care Recovery Act Toxic Substances and Disease Registry (ATSDR) vided in this or any other appropriations Act (42 U.S.C. 2651–2653) shall be credited to the ac- in carrying out activities set forth in sections are to be used to relocate eligible individuals count of the facility providing the service and 104(i) and 111(c)(4) of the Comprehensive Envi- and groups including evictees from District 6, shall be available without fiscal year limitation: ronmental Response, Compensation, and Liabil- Hopi-partitioned lands residents, those in sig- Provided further, That notwithstanding any ity Act of 1980 (CERCLA), as amended; section nificantly substandard housing, and all others other law or regulation, funds transferred from 118(f) of the Superfund Amendments and Reau- certified as eligible and not included in the pre- the Department of Housing and Urban Develop- thorization Act of 1986 (SARA), as amended; ceding categories: Provided further, That none ment to the Indian Health Service shall be ad- and section 3019 of the Solid Waste Disposal of the funds contained in this or any other Act ministered under Public Law 86–121, the Indian Act, as amended, $76,337,000, of which up to may be used by the Office of Navajo and Hopi Sanitation Facilities Act and Public Law 93–638, $1,000 per eligible employee of the Agency for Indian Relocation to evict any single Navajo or as amended: Provided further, That funds ap- Toxic Substances and Disease Registry shall re- Navajo family who, as of November 30, 1985, was propriated to the Indian Health Service in this main available until expended for Individual physically domiciled on the lands partitioned to Act, except those used for administrative and Learning Accounts: Provided, That notwith- the Hopi Tribe unless a new or replacement program direction purposes, shall not be subject standing any other provision of law, in lieu of home is provided for such household: Provided to limitations directed at curtailing Federal performing a health assessment under section further, That no relocatee will be provided with travel and transportation: Provided further, 104(i)(6) of CERCLA, the Administrator of more than one new or replacement home: Pro- That none of the funds made available to the ATSDR may conduct other appropriate health vided further, That the Office shall relocate any Indian Health Service in this Act shall be used studies, evaluations, or activities, including, certified eligible relocatees who have selected for any assessments or charges by the Depart- without limitation, biomedical testing, clinical and received an approved homesite on the Nav- ment of Health and Human Services unless iden- evaluations, medical monitoring, and referral to ajo reservation or selected a replacement resi- tified in the budget justification and provided in accredited healthcare providers: Provided fur- dence off the Navajo reservation or on the land this Act, or approved by the House and Senate ther, That in performing any such health as- acquired pursuant to 25 U.S.C. 640d–10. Committees on Appropriations through the re- sessment or health study, evaluation, or activ- INSTITUTE OF AMERICAN INDIAN AND ALASKA programming process: Provided further, That ity, the Administrator of ATSDR shall not be NATIVE CULTURE AND ARTS DEVELOPMENT notwithstanding any other provision of law, bound by the deadlines in section 104(i)(6)(A) of funds previously or herein made available to a CERCLA: Provided further, That none of the PAYMENT TO THE INSTITUTE tribe or tribal organization through a contract, funds appropriated under this heading shall be For payment to the Institute of American In- grant, or agreement authorized by title I or title available for ATSDR to issue in excess of 40 tox- dian and Alaska Native Culture and Arts Devel- V of the Indian Self-Determination and Edu- icological profiles pursuant to section 104(I) of opment, as authorized by title XV of Public Law cation Assistance Act of 1975 (25 U.S.C. 450), CERCLA during fiscal year 2012, and existing 99–498, as amended (20 U.S.C. 56 part A), may be deobligated and reobligated to a self-de- profiles may be updated as necessary. $8,533,000. termination contract under title I, or a self-gov- OTHER RELATED AGENCIES SMITHSONIAN INSTITUTION ernance agreement under title V of such Act and thereafter shall remain available to the tribe or EXECUTIVE OFFICE OF THE PRESIDENT SALARIES AND EXPENSES tribal organization without fiscal year limita- COUNCIL ON ENVIRONMENTAL QUALITY AND For necessary expenses of the Smithsonian In- tion: Provided further, That none of the funds OFFICE OF ENVIRONMENTAL QUALITY stitution, as authorized by law, including re- made available to the Indian Health Service in For necessary expenses to continue functions search in the fields of art, science, and history; this Act shall be used to implement the final rule assigned to the Council on Environmental Qual- development, preservation, and documentation published in the Federal Register on September ity and Office of Environmental Quality pursu- of the National Collections; presentation of pub- 16, 1987, by the Department of Health and ant to the National Environmental Policy Act of lic exhibits and performances; collection, prepa- Human Services, relating to the eligibility for 1969, the Environmental Quality Improvement ration, dissemination, and exchange of informa- the health care services of the Indian Health Act of 1970, and Reorganization Plan No. 1 of tion and publications; conduct of education, Service until the Indian Health Service has sub- 1977, and not to exceed $750 for official recep- training, and museum assistance programs; mitted a budget request reflecting the increased tion and representation expenses, $3,153,000: maintenance, alteration, operation, lease agree- costs associated with the proposed final rule, Provided, That notwithstanding section 202 of ments of no more than 30 years, and protection and such request has been included in an ap- the National Environmental Policy Act of 1970, of buildings, facilities, and approaches; not to propriations Act and enacted into law: Provided the Council shall consist of one member, ap- exceed $100,000 for services as authorized by 5 further, That with respect to functions trans- pointed by the President, by and with the ad- U.S.C. 3109; and purchase, rental, repair, and ferred by the Indian Health Service to tribes or vice and consent of the Senate, serving as chair- cleaning of uniforms for employees, $636,530,000, tribal organizations, the Indian Health Service man and exercising all powers, functions, and to remain available until September 30, 2013, ex- is authorized to provide goods and services to duties of the Council. cept as otherwise provided herein; of which not those entities on a reimbursable basis, including to exceed $20,137,000 for the instrumentation CHEMICAL SAFETY AND HAZARD INVESTIGATION payments in advance with subsequent adjust- program, collections acquisition, exhibition re- BOARD ment, and the reimbursements received there- installation, the National Museum of African from, along with the funds received from those SALARIES AND EXPENSES American History and Culture, and the repatri- entities pursuant to the Indian Self-Determina- For necessary expenses in carrying out activi- ation of skeletal remains program shall remain tion Act, may be credited to the same or subse- ties pursuant to section 112(r)(6) of the Clean available until expended; and including such quent appropriation account from which the Air Act, as amended, including hire of passenger funds as may be necessary to support American funds were originally derived, with such vehicles, uniforms or allowances therefor, as au- overseas research centers: Provided, That funds amounts to remain available until expended: thorized by 5 U.S.C. 5901–5902, and for services appropriated herein are available for advance

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00102 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9071 payments to independent contractors performing the Performing Arts, $13,650,000, to remain Commission of Fine Arts, for the purpose of ar- research services or participating in official available until expended. tistic display, study or education. Smithsonian presentations. WOODROW WILSON INTERNATIONAL CENTER FOR NATIONAL CAPITAL ARTS AND CULTURAL FACILITIES CAPITAL SCHOLARS AFFAIRS For necessary expenses of repair, revitaliza- SALARIES AND EXPENSES For necessary expenses as authorized by Pub- tion, and alteration of facilities owned or occu- For expenses necessary in carrying out the lic Law 99–190 (20 U.S.C. 956a), as amended, pied by the Smithsonian Institution, by contract provisions of the Woodrow Wilson Memorial Act $2,000,000. or otherwise, as authorized by section 2 of the of 1968 (82 Stat. 1356) including hire of pas- ADMINISTRATIVE PROVISION Act of August 22, 1949 (63 Stat. 623), and for senger vehicles and services as authorized by 5 construction, including necessary personnel, The item relating to ‘‘National Capital Arts U.S.C. 3109, $11,005,000, to remain available and Cultural Affairs’’ in the Department of the $175,000,000, to remain available until expended, until September 30, 2013. of which not to exceed $10,000 is for services as Interior and Related Agencies Appropriations NATIONAL FOUNDATION ON THE ARTS AND THE authorized by 5 U.S.C. 3109, and of which Act, 1986, as enacted into law by section 101(d) HUMANITIES $75,000,000 shall be to complete design and begin of Public Law 99–190 (99 Stat. 1261; 20 U.S.C. construction of the National Museum of African NATIONAL ENDOWMENT FOR THE ARTS 956a) is amended— American History and Culture: Provided, That GRANTS AND ADMINISTRATION (1) by deleting the last sentence in the second paragraph and replacing it with the following: during fiscal year 2012 and any succeeding fis- For necessary expenses to carry out the Na- ‘‘Each eligible organization must have its prin- cal year, a single procurement for construction tional Foundation on the Arts and the Human- cipal place of business in the District of Colum- of the National Museum of African American ities Act of 1965, $146,255,000 shall be available bia and in a facility or facilities located in the History and Culture, as authorized under sec- to the National Endowment for the Arts for the District of Columbia.’’; and tion 8 of the National Museum of African Amer- support of projects and productions in the arts, (2) In the third paragraph, by deleting ‘‘in ad- ican History and Culture Act (20 U.S.C. 80r–6), including arts education and public outreach dition to those herein named’’ at the end of the may be issued that includes the full scope of the activities, through assistance to organizations sentence. project: Provided further, That the solicitation and individuals pursuant to section 5 of the Act, and contract shall contain the clause ‘‘avail- for program support, and for administering the ADVISORY COUNCIL ON HISTORIC PRESERVATION ability of funds’’ found at 48 CFR 52.232.18. functions of the Act, to remain available until SALARIES AND EXPENSES NATIONAL GALLERY OF ART expended. For necessary expenses of the Advisory Coun- SALARIES AND EXPENSES NATIONAL ENDOWMENT FOR THE HUMANITIES cil on Historic Preservation (Public Law 89–665, For the upkeep and operations of the National GRANTS AND ADMINISTRATION as amended), $6,108,000. Gallery of Art, the protection and care of the For necessary expenses to carry out the Na- NATIONAL CAPITAL PLANNING COMMISSION works of art therein, and administrative ex- tional Foundation on the Arts and the Human- SALARIES AND EXPENSES penses incident thereto, as authorized by the ities Act of 1965, $146,255,000, to remain avail- For necessary expenses of the National Cap- Act of March 24, 1937 (50 Stat. 51), as amended able until expended, of which $135,500,000 shall ital Planning Commission under chapter 87 of by the public resolution of April 13, 1939 (Public be available for support of activities in the hu- title 40, United States Code, including services Resolution 9, Seventy-sixth Congress), including manities, pursuant to section 7(c) of the Act and as authorized by 5 U.S.C. 3109, $8,154,000: Pro- services as authorized by 5 U.S.C. 3109; payment for administering the functions of the Act; and vided, That one-quarter of 1 percent of the in advance when authorized by the treasurer of $10,755,000 shall be available to carry out the funds provided under this heading may be used the Gallery for membership in library, museum, matching grants program pursuant to section for official reception and representational ex- and art associations or societies whose publica- 10(a)(2) of the Act including $8,370,000 for the penses associated with hosting international tions or services are available to members only, purposes of section 7(h): Provided, That appro- visitors engaged in the planning and physical or to members at a price lower than to the gen- priations for carrying out section 10(a)(2) shall development of world capitals. eral public; purchase, repair, and cleaning of be available for obligation only in such amounts uniforms for guards, and uniforms, or allow- as may be equal to the total amounts of gifts, UNITED STATES HOLOCAUST MEMORIAL MUSEUM ances therefor, for other employees as author- bequests, and devises of money, and other prop- HOLOCAUST MEMORIAL MUSEUM ized by law (5 U.S.C. 5901–5902); purchase or erty accepted by the chairman or by grantees of For expenses of the Holocaust Memorial Mu- rental of devices and services for protecting the Endowment under the provisions of sub- seum, as authorized by Public Law 106–292 (36 buildings and contents thereof, and mainte- sections 11(a)(2)(B) and 11(a)(3)(B) during the U.S.C. 2301–2310), $50,798,000, of which $515,000 nance, alteration, improvement, and repair of current and preceding fiscal years for which shall remain available until September 30, 2014, buildings, approaches, and grounds; and pur- equal amounts have not previously been appro- for the Museum’s equipment replacement pro- chase of services for restoration and repair of priated. gram; and of which $1,900,000 for the Museum’s works of art for the National Gallery of Art by ADMINISTRATIVE PROVISIONS repair and rehabilitation program and $1,264,000 contracts made, without advertising, with indi- None of the funds appropriated to the Na- for the Museum’s outreach initiatives program viduals, firms, or organizations at such rates or shall remain available until expended. prices and under such terms and conditions as tional Foundation on the Arts and the Human- PRESIDIO TRUST the Gallery may deem proper, $114,066,000, of ities may be used to process any grant or con- which not to exceed $3,481,000 for the special ex- tract documents which do not include the text of PRESIDIO TRUST FUND hibition program shall remain available until 18 U.S.C. 1913: Provided, That none of the funds For necessary expenses to carry out title I of expended. appropriated to the National Foundation on the the Omnibus Parks and Public Lands Manage- Arts and the Humanities may be used for offi- REPAIR, RESTORATION, AND RENOVATION OF ment Act of 1996, $12,000,000 shall be available cial reception and representation expenses: Pro- BUILDINGS to the Presidio Trust, to remain available until vided further, That funds from nonappropriated expended. For necessary expenses of repair, restoration sources may be used as necessary for official re- and renovation of buildings, grounds and facili- ception and representation expenses: Provided DWIGHT D. EISENHOWER MEMORIAL COMMISSION ties owned or occupied by the National Gallery further, That the Chairperson of the National SALARIES AND EXPENSES of Art, by contract or otherwise, for operating Endowment for the Arts may approve grants of For necessary expenses, including the costs of lease agreements of no more than 10 years, with up to $10,000, if in the aggregate this amount construction design, of the Dwight D. Eisen- no extensions or renewals beyond the 10 years, does not exceed 5 percent of the sums appro- hower Memorial Commission, $2,000,000, to re- that address space needs created by the ongoing priated for grantmaking purposes per year: Pro- main available until expended. renovations in the Master Facilities Plan, as au- vided further, That such small grant actions are CAPITAL CONSTRUCTION thorized, $14,516,000, to remain available until taken pursuant to the terms of an expressed and expended: Provided, That contracts awarded for direct delegation of authority from the National For necessary expenses of the Dwight D. Ei- environmental systems, protection systems, and Council on the Arts to the Chairperson. senhower Memorial Commission for design and exterior repair or renovation of buildings of the construction of a memorial in honor of Dwight COMMISSION OF FINE ARTS National Gallery of Art may be negotiated with D. Eisenhower, as authorized by Public Law selected contractors and awarded on the basis of SALARIES AND EXPENSES 106–79, $30,990,000, to remain available until ex- contractor qualifications as well as price. For expenses of the Commission of Fine Arts pended: Provided, That beginning in fiscal year JOHN F. KENNEDY CENTER FOR THE PERFORMING under Chapter 91 of title 40, United States Code, 2012 and thereafter, any procurement for the ARTS $2,400,000: Provided, That the Commission is au- construction of the permanent memorial to thorized to charge fees to cover the full costs of Dwight D. Eisenhower, as authorized by section OPERATIONS AND MAINTENANCE its publications, and such fees shall be credited 8162 of the Department of Defense Appropria- For necessary expenses for the operation, to this account as an offsetting collection, to re- tions Act, 2000 (16 U.S.C. 431 note; Public Law maintenance and security of the John F. Ken- main available until expended without further 106–79), as amended by section 8120 of the De- nedy Center for the Performing Arts, $23,200,000. appropriation: Provided further, That the Com- partment of Defense Appropriations Act, 2002 CAPITAL REPAIR AND RESTORATION mission is authorized to accept gifts, including (Public Law 107–117), may be issued which in- For necessary expenses for capital repair and objects, papers, artwork, drawings and artifacts, cludes the full scope of the project: Provided restoration of the existing features of the build- that pertain to the history and design of the Na- further, That the solicitation and contract with ing and site of the John F. Kennedy Center for tion’s Capital or the history and activities of the respect to the procurement shall contain the

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00103 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9072 CONGRESSIONAL RECORD — HOUSE December 15, 2011 ‘‘availability of funds’’ clause described in sec- and Senate Committees on Appropriations and ‘‘SECTION 1. SHORT TITLE. tion 52.232.18 of title 48, Code of Federal Regula- the Committee on Natural Resources of the ‘‘This’’; and tions: Provided further, That the funds appro- House and the Committee on Energy and Nat- (B) by striking ‘‘Temporary’’; priated herein shall be deemed to satisfy the cri- ural Resources of the Senate a report on actions (2) by striking section 2 (42 U.S.C. 1856m) and teria for issuing a permit contained in 40 U.S.C. taken by the Department under the plan sub- inserting the following: 8906(a)(4) and (b). mitted pursuant to section 314(c) of the Depart- ‘‘SEC. 2. DEFINITIONS. TITLE IV ment of the Interior and Related Agencies Ap- ‘‘In this Act: propriations Act, 1997 (Public Law 104–208). GENERAL PROVISIONS ‘‘(1) ASSUME ANY AND ALL LIABILITY.—The (d) MINERAL EXAMINATIONS.—In order to term ‘assume any and all liability’ means— (INCLUDING TRANSFERS OF FUNDS) process patent applications in a timely and re- ‘‘(A) the payment of— LIMITATION ON CONSULTING SERVICES sponsible manner, upon the request of a patent ‘‘(i) any judgment, settlement, fine, penalty, SEC. 401. The expenditure of any appropria- applicant, the Secretary of the Interior shall or cost assessment (including prevailing party tion under this Act for any consulting service allow the applicant to fund a qualified third- legal fees) associated with the applicable litiga- through procurement contract, pursuant to 5 party contractor to be selected by the Director of tion; and U.S.C. 3109, shall be limited to those contracts the Bureau of Land Management to conduct a ‘‘(ii) any cost incurred in handling the appli- where such expenditures are a matter of public mineral examination of the mining claims or mill cable litigation (including legal fees); and record and available for public inspection, ex- sites contained in a patent application as set ‘‘(B) with respect to a Federal firefighter, ar- cept where otherwise provided under existing forth in subsection (b). The Bureau of Land ranging for, and paying the costs of, representa- law, or under existing Executive order issued Management shall have the sole responsibility tion in the applicable litigation. pursuant to existing law. to choose and pay the third-party contractor in ‘‘(2) FEDERAL FIREFIGHTER.—The term ‘Fed- accordance with the standard procedures em- RESTRICTION ON USE OF FUNDS eral firefighter’ means an individual furnished ployed by the Bureau of Land Management in by the Secretary of Agriculture or the Secretary SEC. 402. No part of any appropriation con- the retention of third-party contractors. of the Interior under an agreement entered into tained in this Act shall be available for any ac- CONTRACT SUPPORT COSTS under section 3. tivity or the publication or distribution of lit- ‘‘(3) FOREIGN FIRE ORGANIZATION.—The term erature that in any way tends to promote public SEC. 408. Notwithstanding any other provision ‘foreign fire organization’ means any foreign support or opposition to any legislative proposal of law, amounts appropriated to or otherwise designated in committee reports for the Bureau governmental, public, or private entity that has on which Congressional action is not complete of Indian Affairs and the Indian Health Service wildfire protection resources. other than to communicate to Members of Con- by Public Laws 103–138, 103–332, 104–134, 104– ‘‘(4) FOREIGN FIREFIGHTER.—The term ‘foreign gress as described in 18 U.S.C. 1913. 208, 105–83, 105–277, 106–113, 106–291, 107–63, 108– firefighter’ means an individual furnished by a OBLIGATION OF APPROPRIATIONS 7, 108–108, 108–447, 109–54, 109–289, division B foreign fire organization under an agreement SEC. 403. No part of any appropriation con- and Continuing Appropriations Resolution, 2007 entered into under section 3. tained in this Act shall remain available for ob- (division B of Public Law 109–289, as amended ‘‘(5) WILDFIRE.—The term ‘wildfire’ means ligation beyond the current fiscal year unless by Public Laws 110–5 and 110–28), Public Laws any forest or range fire. expressly so provided herein. 110–92, 110–116, 110–137, 110–149, 110–161, 110– ‘‘(6) WILDFIRE PROTECTION RESOURCES.—The PROHIBITION ON USE OF FUNDS FOR PERSONAL 329, 111–6, 111–8, 111–88, and 112–10 for pay- term ‘wildfire protection resources’ means any SERVICES ments for contract support costs associated with personnel, supplies, equipment, or other re- sources required for wildfire presuppression and SEC. 404. None of the funds provided in this self-determination or self-governance contracts, suppression activities.’’; Act to any department or agency shall be obli- grants, compacts, or annual funding agreements (3) in section 3 (42 U.S.C. 1856n)— gated or expended to provide a personal cook, with the Bureau of Indian Affairs or the Indian (A) in subsection (a)— chauffeur, or other personal servants to any of- Health Service as funded by such Acts, are the (i) by striking ‘‘(a)(1) The Secretary of Agri- ficer or employee of such department or agency total amounts available for fiscal years 1994 culture’’ and inserting the following: except as otherwise provided by law. through 2011 for such purposes, except that the Bureau of Indian Affairs, tribes and tribal orga- ‘‘(a) EXCHANGE OF WILDFIRE PROTECTION RE- DISCLOSURE OF ADMINISTRATIVE EXPENSES nizations may use their tribal priority alloca- SOURCES UNDER A RECIPROCAL AGREEMENT SEC. 405. Estimated overhead charges, deduc- tions for unmet contract support costs of ongo- WITH A FOREIGN FIRE ORGANIZATION.— tions, reserves or holdbacks from programs, ing contracts, grants, self-governance compacts, ‘‘(1) AUTHORITY TO ENTER INTO A RECIPROCAL projects, activities and subactivities to support or annual funding agreements. AGREEMENT.—The Secretary of Agriculture’’; government-wide, departmental, agency, or bu- FOREST MANAGEMENT PLANS and reau administrative functions or headquarters, (ii) in paragraph (2), by striking ‘‘(2) Any SEC. 409. The Secretary of Agriculture shall regional, or central operations shall be pre- agreement’’ and inserting the following: not be considered to be in violation of subpara- sented in annual budget justifications and sub- ‘‘(2) REQUIREMENTS FOR A RECIPROCAL AGREE- graph 6(f)(5)(A) of the Forest and Rangeland ject to approval by the Committees on Appro- MENT.—Any agreement’’; Renewable Resources Planning Act of 1974 (16 priations of the House of Representatives and (B) in subsection (b)— U.S.C. 1604(f)(5)(A)) solely because more than 15 the Senate. Changes to such estimates shall be (i) by striking ‘‘(b) In the absence’’ and insert- years have passed without revision of the plan presented to the Committees on Appropriations ing the following: for a unit of the National Forest System. Noth- for approval. ‘‘(b) EXCHANGE OF WILDFIRE PROTECTION RE- ing in this section exempts the Secretary from GIANT SEQUOIA SOURCES WITHOUT A RECIPROCAL AGREEMENT.— any other requirement of the Forest and Range- In the absence’’; and SEC. 406. None of the funds in this Act may be land Renewable Resources Planning Act (16 (ii) in paragraph (1), by striking ‘‘United used to plan, prepare, or offer for sale timber U.S.C. 1600 et seq.) or any other law: Provided, States, and’’ and inserting ‘‘United States; from trees classified as giant sequoia That if the Secretary is not acting expeditiously and’’; (Sequoiadendron giganteum) which are located and in good faith, within the funding available, (C) in subsection (c), by striking ‘‘(c) Notwith- on National Forest System or Bureau of Land to revise a plan for a unit of the National Forest standing’’ and inserting the following: Management lands in a manner different than System, this section shall be void with respect to ‘‘(c) REIMBURSEMENT UNDER AGREEMENTS such sales were conducted in fiscal year 2011. such plan and a court of proper jurisdiction WITH CANADA.—Notwithstanding’’; and MINING APPLICATIONS may order completion of the plan on an acceler- (D) in subsection (d)— SEC. 407. (a) LIMITATION OF FUNDS.—None of ated basis. (i) by striking, ‘‘(d) Any service’’ and insert- the funds appropriated or otherwise made avail- PROHIBITION WITHIN NATIONAL MONUMENTS ing the following: able pursuant to this Act shall be obligated or SEC. 410. No funds provided in this Act may be ‘‘(d) SERVICE PERFORMED UNDER THIS ACT BY expended to accept or process applications for a expended to conduct preleasing, leasing and re- FEDERAL EMPLOYEES.— patent for any mining or mill site claim located lated activities under either the Mineral Leasing ‘‘(1) IN GENERAL.—Any service’’; and under the general mining laws. Act (30 U.S.C. 181 et seq.) or the Outer Conti- (ii) in the second sentence, by striking ‘‘The’’ (b) EXCEPTIONS.—Subsection (a) shall not nental Shelf Lands Act (43 U.S.C. 1331 et seq.) and inserting the following: apply if the Secretary of the Interior determines within the boundaries of a National Monument ‘‘(2) EFFECT.—Except as provided in section 4, that, for the claim concerned (1) a patent appli- established pursuant to the Act of June 8, 1906 the’’; cation was filed with the Secretary on or before (16 U.S.C. 431 et seq.) as such boundary existed (4) by redesignating section 4 (42 U.S.C. 1856o) September 30, 1994; and (2) all requirements es- on January 20, 2001, except where such activi- as section 5; tablished under sections 2325 and 2326 of the Re- ties are allowed under the Presidential procla- (5) by inserting after section 3 the following: vised Statutes (30 U.S.C. 29 and 30) for vein or mation establishing such monument. ‘‘SEC. 4. RECIPROCAL AGREEMENTS WITH LIABIL- lode claims, sections 2329, 2330, 2331, and 2333 of AMENDMENTS TO THE TEMPORARY EMERGENCY ITY COVERAGE. the Revised Statutes (30 U.S.C. 35, 36, and 37) WILDFIRE SUPPRESSION ACT ‘‘(a) PROTECTION FROM LIABILITY FOR FOR- for placer claims, and section 2337 of the Revised SEC. 411. The Temporary Emergency Wildfire EIGN FIREFIGHTERS AND FOREIGN FIRE ORGANI- Statutes (30 U.S.C. 42) for mill site claims, as the Suppression Act (42 U.S.C. 1856m et seq.) is ZATIONS.—Subject to subsection (b), in an agree- case may be, were fully complied with by the ap- amended— ment with a foreign fire organization entered plicant by that date. (1) in the first section (42 U.S.C. 1856m note)— into under section 3, the Secretary of Agri- (c) REPORT.—On September 30, 2013, the Sec- (A) by striking ‘‘That this’’ and inserting the culture and the Secretary of the Interior may retary of the Interior shall file with the House following: provide that—

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‘‘(1) a foreign firefighter shall be considered to toring, road decommissioning, trail maintenance POSTING OF REPORTS be an employee of the United States for purposes or improvement, or habitat restoration or man- SEC. 417. (a) Any agency receiving funds made of tort liability while the foreign firefighter is agement: Provided further, That the terms available in this Act, shall, subject to sub- acting within the scope of an official duty ‘‘rural community’’ and ‘‘economically dis- sections (b) and (c), post on the public website under the agreement; and advantaged’’ shall have the same meanings as of that agency any report required to be sub- ‘‘(2) any claim against the foreign fire organi- in section 2374 of Public Law 101–624 (16 U.S.C. mitted by the Congress in this or any other Act, zation or any legal organization associated with 6612): Provided further, That the Secretaries upon the determination by the head of the agen- the foreign firefighter that arises out of an act shall develop guidance to implement this sec- cy that it shall serve the national interest. or omission of the foreign firefighter in the per- tion: Provided further, That nothing in this sec- (b) Subsection (a) shall not apply to a report formance of an official duty under the agree- tion shall be construed as relieving the Secre- if— ment, or that arises out of any other act, omis- taries of any duty under applicable procurement (1) the public posting of the report com- sion, or occurrence for which the foreign fire or- laws, except as provided in this section. promises national security; or ganization or legal organization associated with LIMITATION ON TAKINGS (2) the report contains proprietary informa- the foreign firefighter is legally responsible tion. SEC. 413. Unless otherwise provided herein, no under applicable law, may be prosecuted only— (c) The head of the agency posting such re- funds appropriated in this Act for the acquisi- ‘‘(A) against the United States; and port shall do so only after such report has been tion of lands or interests in lands may be ex- ‘‘(B) as if the act or omission were the act or made available to the requesting Committee or pended for the filing of declarations of taking or omission of an employee of the United States. Committees of Congress for no less than 45 days. ‘‘(b) PROTECTION FROM LIABILITY FOR FED- complaints in condemnation without the ap- NATIONAL ENDOWMENT FOR THE ARTS GRANT ERAL FIREFIGHTERS AND THE FEDERAL GOVERN- proval of the House and Senate Committees on GUIDELINES MENT.—The Secretary of Agriculture and the Appropriations: Provided, That this provision Secretary of the Interior may provide the protec- shall not apply to funds appropriated to imple- SEC. 418. Of the funds provided to the Na- tions under subsection (a) if the foreign fire or- ment the Everglades National Park Protection tional Endowment for the Arts— ganization agrees— and Expansion Act of 1989, or to funds appro- (1) The Chairperson shall only award a grant ‘‘(1) to assume any and all liability for any priated for Federal assistance to the State of to an individual if such grant is awarded to legal action brought against the Federal fire- Florida to acquire lands for Everglades restora- such individual for a literature fellowship, Na- fighter for an act or omission of the Federal fire- tion purposes. tional Heritage Fellowship, or American Jazz fighter while acting within the scope of an offi- TIMBER SALE REQUIREMENTS Masters Fellowship. cial duty under the agreement; and (2) The Chairperson shall establish procedures ‘‘(2) to the extent the United States or any SEC. 414. No timber sale in Alaska’s Region 10 to ensure that no funding provided through a legal organization associated with the Federal shall be advertised if the indicated rate is deficit grant, except a grant made to a State or local firefighter is not entitled to immunity from the (defined as the value of the timber is not suffi- arts agency, or regional group, may be used to jurisdiction of the courts having jurisdiction cient to cover all logging and stumpage costs make a grant to any other organization or indi- over the foreign fire organization receiving the and provide a normal profit and risk allowance vidual to conduct activity independent of the di- services of the Federal firefighters, to assume under the Forest Service’s appraisal process) rect grant recipient. Nothing in this subsection any and all liability for any legal action when appraised using a residual value ap- shall prohibit payments made in exchange for brought against the United States or the legal praisal. The western red cedar timber from those goods and services. organization arising out of— sales which is surplus to the needs of the domes- (3) No grant shall be used for seasonal support ‘‘(A) an act or omission of the Federal fire- tic processors in Alaska, shall be made available to a group, unless the application is specific to fighter in the performance of an official duty to domestic processors in the contiguous 48 the contents of the season, including identified under the agreement; or United States at prevailing domestic prices. All programs and/or projects. additional western red cedar volume not sold to ‘‘(B) any other act, omission, or occurrence NATIONAL ENDOWMENT FOR THE ARTS PROGRAM Alaska or contiguous 48 United States domestic for which the United States or the legal organi- PRIORITIES zation associated with the Federal firefighter is processors may be exported to foreign markets at the election of the timber sale holder. All Alaska SEC. 419. (a) In providing services or awarding legally responsible under the laws applicable to financial assistance under the National Foun- the foreign fire organization.’’; and yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. dation on the Arts and the Humanities Act of (6) in section 5 (as redesignated by paragraph 1965 from funds appropriated under this Act, (4))— EXTENSION OF GRAZING PERMITS the Chairperson of the National Endowment for (A) by striking ‘‘under section 3(c)’’ and in- SEC. 415. The terms and conditions of section the Arts shall ensure that priority is given to serting ‘‘under this Act’’; and 325 of Public Law 108–108 (117 Stat. 1307), re- providing services or awarding financial assist- (B) in the proviso— garding grazing permits at the Department of ance for projects, productions, workshops, or (i) by striking ‘‘wildfire protection resources the Interior and the Forest Service, shall remain programs that serve underserved populations. or personnel’’ each place it appears and insert- in effect for fiscal years 2012 and 2013. A grazing (b) In this section: ing ‘‘wildfire protection resources (including permit or lease issued by the Secretary of the In- (1) The term ‘‘underserved population’’ means personnel)’’; terior for lands administered by the Bureau of a population of individuals, including urban mi- (ii) by inserting ‘‘for wildfire suppression ac- Land Management that is the subject of a re- norities, who have historically been outside the tivities’’ before ‘‘unless’’; and quest for a grazing preference transfer shall be purview of arts and humanities programs due to (iii) by striking ‘‘provide wildfire protection’’ issued, without further processing, for the re- factors such as a high incidence of income below and inserting ‘‘provide wildfire suppression’’. maining time period in the existing permit or the poverty line or to geographic isolation. CONTRACTING AUTHORITIES lease using the same mandatory terms and con- (2) The term ‘‘poverty line’’ means the poverty SEC. 412. In awarding a Federal contract with ditions. If the authorized officer determines a line (as defined by the Office of Management funds made available by this Act, notwith- change in the mandatory terms and conditions and Budget, and revised annually in accord- standing Federal Government procurement and is required, the new permit must be processed as ance with section 673(2) of the Community Serv- contracting laws, the Secretary of Agriculture directed in section 325 of Public Law 108–108. ices Block Grant Act (42 U.S.C. 9902(2))) appli- and the Secretary of the Interior (the ‘‘Secre- PROHIBITION ON NO-BID CONTRACTS cable to a family of the size involved. taries’’) may, in evaluating bids and proposals, (c) In providing services and awarding finan- through fiscal year 2013, give consideration to SEC. 416. None of the funds appropriated or cial assistance under the National Foundation local contractors who are from, and who provide otherwise made available by this Act to execu- on the Arts and Humanities Act of 1965 with employment and training for, dislocated and tive branch agencies may be used to enter into funds appropriated by this Act, the Chairperson displaced workers in an economically disadvan- any Federal contract unless such contract is en- of the National Endowment for the Arts shall taged rural community, including those histori- tered into in accordance with the requirements ensure that priority is given to providing serv- cally timber-dependent areas that have been af- of Chapter 33 of title 41, United States Code, or ices or awarding financial assistance for fected by reduced timber harvesting on Federal Chapter 137 of title 10, United States Code, and projects, productions, workshops, or programs lands and other forest-dependent rural commu- the Federal Acquisition Regulation, unless— that will encourage public knowledge, edu- nities isolated from significant alternative em- (1) Federal law specifically authorizes a con- cation, understanding, and appreciation of the ployment opportunities: Provided, That not- tract to be entered into without regard for these arts. withstanding Federal Government procurement requirements, including formula grants for (d) With funds appropriated by this Act to and contracting laws the Secretaries may award States, or federally recognized Indian tribes; or carry out section 5 of the National Foundation contracts, grants or cooperative agreements to (2) such contract is authorized by the Indian on the Arts and Humanities Act of 1965— local non-profit entities, Youth Conservation Self-Determination and Education and Assist- (1) the Chairperson shall establish a grant Corps or related partnerships with State, local ance Act (Public Law 93–638, 25 U.S.C. 450 et category for projects, productions, workshops, or non-profit youth groups, or small or micro- seq., as amended) or by any other Federal laws or programs that are of national impact or business or disadvantaged business: Provided that specifically authorize a contract within an availability or are able to tour several States; further, That the contract, grant, or cooperative Indian tribe as defined in section 4(e) of that (2) the Chairperson shall not make grants ex- agreement is for forest hazardous fuels reduc- Act (25 U.S.C. 450b(e)); or ceeding 15 percent, in the aggregate, of such tion, watershed or water quality monitoring or (3) such contract was awarded prior to the funds to any single State, excluding grants restoration, wildlife or fish population moni- date of enactment of this Act. made under the authority of paragraph (1);

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(3) the Chairperson shall report to the Con- provision in a rule, if that provision requires TACT ON NATIONAL FOREST SYSTEM LAND.—Not- gress annually and by State, on grants awarded mandatory reporting of greenhouse gas emis- withstanding any other provision of law or reg- by the Chairperson in each grant category sions from manure management systems. ulation (other than the Endangered Species Act under section 5 of such Act; and FOREST SERVICE PRE-DECISIONAL OBJECTION of 1973 and regulations issued under such Act), (4) the Chairperson shall encourage the use of PROCESS none of the funds made available by this Act or grants to improve and support community-based made available by any other Act for fiscal year SEC. 428. Hereafter, upon issuance of final music performance and education. regulations, the Secretary of Agriculture, acting 2012 only may be used to carry out— USE OF COMPETITIVE GRANT FUNDS through the Chief of the Forest Service, shall (1) any new management restrictions on do- SEC. 420. Section 6(d) of Public Law 96–297 (16 apply section 105(a) of the Healthy Forests Res- mestic sheep on parcels of National Forest Sys- U.S.C. 431 note), as added by section 101 of Pub- toration Act of 2003 (16 U.S.C. 6515(a)), pro- tem land (as defined in the Forest and Range- lic Law 108–126, is amended by inserting ‘‘, ex- viding for a pre-decisional objection process, to land Renewable Resources Planning Act of 1974 cept funds awarded through competitive proposed actions of the Forest Service con- (16 U.S.C. 1609(a))) with potential domestic grants,’’ after ‘‘No Federal funds’’. cerning projects and activities implementing sheep and bighorn sheep (whether native or nonnative) contact in excess of the management FOREST SERVICE FACILITY REALIGNMENT AND land and resource management plans developed restrictions that existed on July 1, 2011; or ENHANCEMENT under the Forest and Rangeland Renewable Re- sources Planning Act of 1974 (16 U.S.C. 1600 et (2) any other agency regulation for managing SEC. 421. Section 503(f) of the Forest Service bighorn sheep populations on any allotment of Realignment and Enhancement Act of 2005 (title seq.), and documented with a Record of Decision or Decision Notice, in lieu of subsections (c), (d), such National Forest System land if the man- V of Public Law 109–54; 16 U.S.C. 580d note), as agement action will result in a reduction in the amended by section 422(1) of Public Law 111–8 and (e) of section 322 of Public Law 102–381 (16 U.S.C. 1612 note), providing for an administra- number of domestic livestock permitted to graze (123 Stat. 748), is further amended by striking on the allotment or in the distribution of live- ‘‘2011’’ and inserting ‘‘2016’’. tive appeal process: Provided, That if the Chief of the Forest Service determines an emergency stock on the allotment. SERVICE FIRST situation exists for which immediate implemen- (b) EXCEPTION.—Notwithstanding subsection SEC. 422. Section 330 of the Department of the tation of a proposed action is necessary, the (a), the Secretary of Agriculture may make such Interior and Related Agencies Appropriations proposed action shall not be subject to the pre- management changes as the Secretary deter- Act, 2001 (Public Law 106–291; 114 Stat. 996; 43 decisional objection process, and implementation mines to be necessary to manage bighorn sheep U.S.C. 1701 note), concerning Service First au- shall begin immediately after the Forest Service if the management changes— thorities, as amended by section 428 of Public gives notice of the final decision for the pro- (1) are consistent with the wildlife plans of Law 109–54 (119 Stat. 555–556) and section 418 of posed action: Provided further, That this section the relevant State fish and game agency and de- Public Law 111–8 (123 Stat. 747), is amended— shall not apply to an authorized hazardous fuel termined in consultation with that agency; and (1) by striking in the first sentence ‘‘In fiscal reduction project under title I of the Healthy (2) are developed in consultation with the af- years 2001 through 2011’’, and inserting ‘‘In fis- Forests Restoration Act of 2003 (16 U.S.C. 6501 et fected permittees. cal year 2012 and each fiscal year thereafter’’; seq.). (c) BUREAU OF LAND MANAGEMENT LANDS.— and In circumstances involving conflicts between SILVICULTURAL ACTIVITIES (2) by striking in the first sentence ‘‘pilot pro- bighorn sheep and domestic sheep grazing on grams’’ and inserting ‘‘programs.’’ SEC. 429. From the date of enactment of this public lands (as defined in section 103 of the Act until September 30, 2012, the Administrator FEDERAL, STATE, COOPERATIVE FOREST, RANGE- Federal Land Policy and Management Act of of the Environmental Protection Agency shall LAND AND WATERSHED RESTORATION IN UTAH 1976 (43 U.S.C. 1702)), the Bureau of Land Man- not require a permit under section 402 of the agement may only modify or cancel domestic SEC. 423. The authority provided by section Federal Water Pollution Control Act (33 U.S.C. sheep grazing permits after consulting with the 337 of the Department of the Interior and Re- 1342), nor shall the Administrator directly or in- lated Agencies Appropriations Act, 2005 (Public appropriate State fish and game agency. How- directly require any State to require a permit, ever, if the State in question has an approved Law 108–447; 118 Stat. 3012), as amended, shall for discharges of stormwater runoff from roads, remain in effect until September 30, 2013. State Wildlife Management Plan that addresses, the construction, use, or maintenance of which with specificity, bighorn sheep management, STATUS OF BALANCES OF APPROPRIATIONS are associated with silvicultural activities, or then the Bureau of Land Management modifica- SEC. 424. The Department of the Interior, the from other silvicultural activities involving tion or cancellation of permits in that State Environmental Protection Agency, the Forest nursery operations, site preparation, reforest- shall conform to the bighorn sheep management Service, and the Indian Health Service shall ation and subsequent cultural treatment, objectives in the State Wildlife Management provide the Committees on Appropriations of the thinning, prescribed burning, pest and fire con- Plan, unless conformance would be inconsistent House of Representatives and Senate quarterly trol, harvesting operations, or surface drainage. with Federal statute or regulation. The Bureau reports on the status of balances of appropria- CLAIM MAINTENANCE FEE AMENDMENTS of Land Management shall be bound by the re- tions including all uncommitted, committed, and SEC. 430. Section 10101 of the Omnibus Budget quirements of this subsection until September 30, unobligated funds in each program and activity. Reconciliation Act of 1993 (30 U.S.C. 28f) is 2012. REPORT ON USE OF CLIMATE CHANGE FUNDS amended— (d) VOLUNTARY CLOSURE OF ALLOTMENTS.— SEC. 425. Not later than 120 days after the (1) in subsection (a)— Nothing in this section shall be construed as date on which the President’s fiscal year 2013 (A) by striking so much as precedes the second limiting the voluntary closure of existing domes- budget request is submitted to Congress, the sentence and inserting the following: tic sheep allotments when the closure is agreed President shall submit a comprehensive report to ‘‘(a) CLAIM MAINTENANCE FEE.— to in writing between the permittee and the Sec- the Committee on Appropriations of the House ‘‘(1) LODE MINING CLAIMS, MILL SITES, AND retary of the Interior or the Secretary of Agri- of Representatives and the Committee on Appro- TUNNEL SITES.—The holder of each unpatented culture and is carried out for the purpose of re- priations of the Senate describing in detail all lode mining claim, mill site, or tunnel site, lo- ducing conflicts between domestic sheep and Federal agency funding, domestic and inter- cated pursuant to the mining laws of the United bighorn sheep. national, for climate change programs, projects States on or after August 10, 1993, shall pay to (e) WAIVER OF GRAZING PERMITS AND and activities in fiscal year 2011, including an the Secretary of the Interior, on or before Sep- LEASES.—The Secretary of the Interior and the accounting of funding by agency with each tember 1 of each year, to the extent provided in Secretary of Agriculture may accept the vol- agency identifying climate change programs, advance in appropriations Acts, a claim mainte- untary waiver of any valid existing lease or per- projects and activities and associated costs by nance fee of $100 per claim or site, respec- mit authorizing grazing on National Forest Sys- line item as presented in the President’s Budget tively.’’; and tem land described in subsection (a) or public (B) by adding at the end the following: Appendix, and including citations and linkages lands described in subsection (c). If the grazing ‘‘(2) PLACER MINING CLAIMS.—The holder of where practicable to each strategic plan that is permit or lease for a grazing allotment is only each unpatented placer mining claim located driving funding within each climate change pro- partially within the area of potential domestic pursuant to the mining laws of the United gram, project and activity listed in the report. sheep and bighorn sheep contact, the affected States located before, on, or after August 10, permittee may elect to waive only the portion of PROHIBITION ON USE OF FUNDS 1993, shall pay to the Secretary of the Interior, the grazing permit or lease that is within that SEC. 426. Notwithstanding any other provision on or before September 1 of each year, the claim area. The Secretary concerned shall— of law, none of the funds made available in this maintenance fee described in subsection (a), for (1) terminate each permit or lease waived or Act or any other Act may be used to promulgate each 20 acres of the placer claim or portion portion of a permit or lease waived under this or implement any regulation requiring the thereof.’’; and subsection; issuance of permits under title V of the Clean (2) in subsection (b), by striking the first sen- (2) ensure a permanent end to domestic sheep Air Act (42 U.S.C. 7661 et seq.) for carbon diox- tence and inserting the following: ‘‘The claim grazing on the land covered by the waived per- ide, nitrous oxide, water vapor, or methane main tenance fee under subsection (a) shall be mit or lease or waived portion of the permit or emissions resulting from biological processes as- paid for the year in which the location is made, lease unless or until there is no conflict with sociated with livestock production. at the time the location notice is recorded with bighorn sheep management; and GREENHOUSE GAS REPORTING RESTRICTIONS the Bureau of Land Management.’’. (3) provide for the reimbursement of range im- SEC. 427. Notwithstanding any other provision DOMESTIC LIVESTOCK GRAZING provements in compliance with section 4 of the of law, none of the funds made available in this SEC. 431. (a) PROHIBITION REGARDING POTEN- Act of June 28, 1934 (commonly known as the or any other Act may be used to implement any TIAL DOMESTIC SHEEP AND BIGHORN SHEEP CON- Taylor Grazing Act; 43 U.S.C. 315c).

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AIR EMISSIONS FROM OUTER CONTINENTAL SHELF less the agency has considered suspension or de- tional Occupations Act of 1992 (‘‘WANTO’’), in- ACTIVITIES barment of the corporation and made a deter- cluding the purchase and hire of passenger SEC. 432. (a) It is the purpose of this section mination that this further action is not nec- motor vehicles, the construction, alteration, and to ensure that the energy policy of the United essary to protect the interests of the Govern- repair of buildings and other facilities, and the States focuses on the expeditious and orderly ment. purchase of real property for training centers as development of domestic energy resources in a ALASKA NATIVE REGIONAL HEALTH ENTITIES authorized by the WIA, $3,195,383,000, plus reim- manner that protects human health and the en- SEC. 435. (a) Notwithstanding any other provi- bursements, shall be available. Of the amounts vironment. sion of law and until October 1, 2013, the Indian provided: (b) Section 328(a)(1) of the Clean Air Act (42 Health Service may not disburse funds for the (1) for grants to States for adult employment U.S.C. 7627(a)(1)) is amended— provision of health care services pursuant to and training activities, youth activities, and dis- (1) in the first sentence, by inserting ‘‘(other Public Law 93–638 (25 U.S.C. 450 et seq.) to any located worker employment and training activi- than Outer Continental Shelf sources located Alaska Native village or Alaska Native village ties, $2,605,268,000 as follows: offshore of the North Slope Borough of the State corporation that is located within the area (A) $770,922,000 for adult employment and of Alaska)’’ after ‘‘Outer Continental Shelf served by an Alaska Native regional health enti- training activities, of which $58,922,000 shall be sources located offshore of the States along the ty. available for the period July 1, 2012, through Pacific, Arctic and Atlantic Coasts’’; and (b) Nothing in this section shall be construed June 30, 2013, and of which $712,000,000 shall be (2) in the fourth sentence, by inserting ‘‘and to prohibit the disbursal of funds to any Alaska available for the period October 1, 2012 through this Act’’ after ‘‘regulations’’. Native village or Alaska Native village corpora- June 30, 2013; (c) Section 328(b) of the Clean Air Act (42 tion under any contract or compact entered into (B) $825,914,000 for youth activities, which U.S.C. 7627(b)) is amended in the first sen- prior to May 1, 2006, or to prohibit the renewal shall be available for the period April 1, 2012 tence— of any such agreement. through June 30, 2013; and (1) by striking ‘‘Gulf Coast’’; and (c) For the purpose of this section, Eastern (C) $1,008,432,000 for dislocated worker em- (2) by inserting ‘‘or are adjacent to the North Aleutian Tribes, Inc., the Council of ployment and training activities, of which Slope Borough of the State of Alaska’’ after Athabascan Tribal Governments, and the Native $148,432,000 shall be available for the period ‘‘Alabama’’. Village of Eyak shall be treated as Alaska Na- July 1, 2012 through June 30, 2013, and of which (d) The transfer of air quality permitting au- tive regional health entities to which funds may $860,000,000 shall be available for the period Oc- thority pursuant to this section shall not invali- be disbursed under this section. tober 1, 2012 through June 30, 2013: date or stay— GENERAL REDUCTION Provided, That notwithstanding the transfer (1) any air quality permit pending or existing limitation under section 133(b)(4) of the WIA, up SEC. 436. (a) ACROSS-THE-BOARD RESCIS- as of the date of the enactment of this Act; or to 30 percent of such funds may be transferred SIONS.—There is hereby rescinded an amount (2) any proceeding related thereto. equal to 0.16 percent of the budget authority by a local board if approved by the Governor: (e)(1) The Comptroller General of the United provided for fiscal year 2012 for any discre- Provided further, That a local board may award States shall undertake a study on the process tionary appropriation in titles I through IV of a contract to an institution of higher education for air quality permitting in the Outer Conti- this Act. or other eligible training provider if the local nental Shelf. board determines that it would facilitate the (b) PROPORTIONATE APPLICATION.—Any re- (2) The study shall consist of a comparison of scission made by subsection (a) shall be applied training of multiple individuals in high-demand air quality permitting for Outer Continental proportionately— occupations, if such contract does not limit cus- Shelf sources (as such term is defined in section (1) to each discretionary account and each tomer choice: Provided further, That notwith- 328(a)(4) of the Clean Air Act (42 U.S.C. item of budget authority described in subsection standing section 128(a)(1) of the WIA, the 7627(a)(4)) by the Department of the Interior (a); and amount available to the Governor for statewide with such permitting by the Environmental Pro- (2) within each such account and item, to workforce investment activities shall not exceed tection Agency, taking into account the time each program, project, and activity (with pro- 5 percent of the amount allotted to the State elapsed between application and permit ap- grams, projects, and activities as delineated in from each of the appropriations under the pre- proval, the number of applications, and the ex- the appropriation Act or accompanying reports ceding subparagraphs; periences and assessments of the applicants. for the relevant fiscal year covering such ac- (2) for federally administered programs, (3) In carrying out the study, the Comptroller count or item, or for accounts and items not in- $487,053,000 as follows: General shall consult with the Administrator of cluded in appropriation Acts, as delineated in (A) $224,112,000 for the dislocated workers as- the Environmental Protection Agency, the Sec- the most recently submitted President’s budget). sistance national reserve, of which $24,112,000 retary of the Interior, and applicants for air (c) INDIAN LAND AND WATER CLAIM SETTLE- shall be available for the period July 1, 2012 quality permits. MENTS.—Under the heading ‘‘Bureau of Indian through June 30, 2013, and of which $200,000,000 (4) The Comptroller General shall complete the Affairs, Indian Land and Water Claim Settle- shall be available for the period October 1, 2012 study and submit a report on the results of the ments and Miscellaneous Payments to Indians’’, through June 30, 2013: Provided, That funds study to the Congress not later than September the across-the-board rescission in this section, provided to carry out section 132(a)(2)(A) of the 30, 2014. and any subsequent across-the-board rescission WIA may be used to provide assistance to a FUNDING PROHIBITION for fiscal year 2012, shall apply only to the first State for statewide or local use in order to ad- dress cases where there have been worker dis- SEC. 433. None of the funds made available by dollar amount in the paragraph and the dis- locations across multiple sectors or across mul- this Act may be used to enter into a contract, tribution of the rescission shall be at the discre- tiple local areas and such workers remain dis- memorandum of understanding, or cooperative tion of the Secretary of the Interior who shall located; coordinate the State workforce develop- agreement with, make a grant to, or provide a submit a report on such distribution and the ra- ment plan with emerging economic development loan or loan guarantee to, any corporation that tionale therefore to the House and Senate Com- needs; and train such eligible dislocated work- was convicted (or had an officer or agent of mittees on Appropriations. ers: Provided further, That funds provided to such corporation acting on behalf of the cor- (d) OMB REPORT.—Within 30 days after the carry out section 171(d) of the WIA may be used poration convicted) of a felony criminal viola- date of the enactment of this section the Direc- for demonstration projects that provide assist- tion under any Federal law within the pre- tor of the Office of Management and Budget ance to new entrants in the workforce and in- ceding 24 months, where the awarding agency is shall submit to the Committees on Appropria- cumbent workers: Provided further, That none aware of the conviction, unless the agency has tions of the House of Representatives and the of the funds shall be obligated to carry out sec- considered suspension or debarment of the cor- Senate a report specifying the account and tion 173(e) of the WIA; poration, or such officer or agent and made a amount of each rescission made pursuant to this (B) $47,652,000 for Native American programs, determination that this further action is not section. which shall be available for the period July 1, necessary to protect the interests of the Govern- This division may be cited as the ‘‘Department 2012 through June 30, 2013; ment. of the Interior, Environment, and Related Agen- cies Appropriations Act, 2012’’. (C) $84,451,000 for migrant and seasonal farm- LIMITATION WITH RESPECT TO DELINQUENT TAX worker programs under section 167 of the WIA, DEBTS DIVISION F—DEPARTMENTS OF LABOR, including $78,253,000 for formula grants (of HEALTH AND HUMAN SERVICES, EDU- SEC. 434. None of the funds made available by which not less than 70 percent shall be for em- this Act may be used to enter into a contract, CATION, AND RELATED AGENCIES AP- ployment and training services), $5,689,000 for memorandum of understanding, or cooperative PROPRIATIONS ACT, 2012 migrant and seasonal housing (of which not less agreement with, make a grant to, or provide a TITLE I than 70 percent shall be for permanent hous- loan or loan guarantee to, any corporation with DEPARTMENT OF LABOR ing), and $509,000 for other discretionary pur- respect to which any unpaid Federal tax liabil- EMPLOYMENT AND TRAINING ADMINISTRATION poses, which shall be available for the period ity that has been assessed, for which all judicial July 1, 2012 through June 30, 2013: Provided, TRAINING AND EMPLOYMENT SERVICES and administrative remedies have been ex- That notwithstanding any other provision of hausted or have lapsed, and that is not being (INCLUDING TRANSFER OF FUNDS) law or related regulation, the Department of paid in a timely manner pursuant to an agree- For necessary expenses of the Workforce In- Labor shall take no action limiting the number ment with the authority responsible for col- vestment Act of 1998 (referred to in this Act as or proportion of eligible participants receiving lecting the tax liability, where the awarding ‘‘WIA’’), the Second Chance Act of 2007, and related assistance services or discouraging agency is aware of the unpaid tax liability, un- the Women in Apprenticeship and Non-Tradi- grantees from providing such services;

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00107 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.039 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9076 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (D) $998,000 for carrying out the WANTO, (3) $29,132,000 for necessary expenses of the Wagner-Peyser Act, including not to exceed which shall be available for the period July 1, Office of Job Corps, which shall be available for $1,228,000 that may be used for amortization 2012 through June 30, 2013; and obligation for the period October 1, 2011 through payments to States which had independent re- (E) $79,840,000 for YouthBuild activities as de- September 30, 2012: tirement plans in their State employment service scribed in section 173A of the WIA, which shall Provided further, That no funds from any other agencies prior to 1980; be available for the period April 1, 2012 through appropriation shall be used to provide meal (5) $65,517,000 from the Trust Fund is for the June 30, 2013; and services at or for Job Corps centers. administration of foreign labor certifications (F) $50,000,000 to be available to the Secretary COMMUNITY SERVICE EMPLOYMENT FOR OLDER and related activities under the Immigration of Labor (referred to in this title as ‘‘Secretary’’) AMERICANS and Nationality Act and related laws, of which for the Workforce Innovation Fund to carry out To carry out title V of the Older Americans $50,418,000 shall be available for the Federal ad- projects that demonstrate innovative strategies ministration of such activities, and $15,099,000 or replicate effective evidence-based strategies Act of 1965 (referred to in this Act as ‘‘OAA’’), $449,100,000, which shall be available for the pe- shall be available for grants to States for the ad- that align and strengthen the workforce invest- ministration of such activities; and ment system in order to improve program deliv- riod July 1, 2012 through June 30, 2013, and may (6) $63,593,000 from the General Fund is to ery and education and employment outcomes for be recaptured and reobligated in accordance provide workforce information, national elec- beneficiaries, which shall be for the period July with section 517(c) of the OAA. tronic tools, and one-stop system building under 1, 2012 through September 30, 2013: Provided, FEDERAL UNEMPLOYMENT BENEFITS AND the Wagner-Peyser Act and section 171 (e)(2)(C) That amounts shall be available for awards to ALLOWANCES of the WIA and shall be available for Federal States or State agencies that are eligible for as- For payments during fiscal year 2012 of trade obligation for the period July 1, 2012 through sistance under any program authorized under adjustment benefit payments and allowances June 30, 2013: the WIA, consortia of States, or partnerships, under part I of subchapter B of chapter 2 of title including regional partnerships: Provided fur- II of the Trade Act of 1974, and section 246 of Provided, That to the extent that the Average ther, That not more than 5 percent of the funds that Act; and for training, employment and case Weekly Insured Unemployment (‘‘AWIU’’) for available for workforce innovation activities management services, allowances for job search fiscal year 2012 is projected by the Department shall be for technical assistance and evaluations and relocation, and related State administrative of Labor to exceed 4,832,000, an additional related to the projects carried out with these expenses under part II of subchapter B of chap- $28,600,000 from the Trust Fund shall be avail- funds; ter 2 of title II of the Trade Act of 1974, includ- able for obligation for every 100,000 increase in (3) for national activities, $103,062,000, as fol- ing benefit payments, allowances, training, em- the AWIU level (including a pro rata amount lows: ployment and case management services, and re- for any increment less than 100,000) to carry out (A) $6,616,000, in addition to any amounts lated State administration provided pursuant to title III of the Social Security Act: Provided fur- available under paragraph (2), for Pilots, Dem- section 231(a) of the Trade Adjustment Assist- ther, That funds appropriated in this Act that onstrations, and Research, which shall be avail- ance Extension Act of 2011, $1,100,100,000, to- are allotted to a State to carry out activities able for the period April 1, 2012 through June 30, gether with such amounts as may be necessary under title III of the Social Security Act may be 2013: Provided, That funds made available by to be charged to the subsequent appropriation used by such State to assist other States in car- Public Law 112–10 that were designated for for payments for any period subsequent to Sep- rying out activities under such title III if the grants to address the employment and training tember 15, 2012. other States include areas that have suffered a needs of young parents may be used for other STATE UNEMPLOYMENT INSURANCE AND major disaster declared by the President under pilots, demonstrations, and research activities EMPLOYMENT SERVICE OPERATIONS the Robert T. Stafford Disaster Relief and Emer- and for implementation activities related to the For authorized administrative expenses, gency Assistance Act: Provided further, That VOW to Hire Heroes Act of 2011 and may be $86,231,000, together with not to exceed the Secretary may use funds appropriated for transferred to ‘‘State Unemployment Insurance $3,958,441,000 which may be expended from the grants to States under title III of the Social Se- and Employment Service Operations’’ to carry Employment Security Administration Account in curity Act to make payments on behalf of States out such implementation activities; the Unemployment Trust Fund (‘‘the Trust for the use of the National Directory of New (B) $80,390,000 for ex-offender activities, under Fund’’), of which: Hires under section 453(j)(8) of such Act: Pro- the authority of section 171 of the WIA and sec- (1) $3,181,154,000 from the Trust Fund is for vided further, That funds appropriated in this tion 212 of the Second Chance Act of 2007, grants to States for the administration of State Act which are used to establish a national one- which shall be available for the period April 1, unemployment insurance laws as authorized stop career center system, or which are used to 2012 through June 30, 2013, notwithstanding the under title III of the Social Security Act (includ- support the national activities of the Federal- requirements of section 171(b)(2)(B) or ing not less than $10,000,000 to conduct in-per- State unemployment insurance or immigration 171(c)(4)(D) of the WIA: Provided, That of this son reemployment and eligibility assessments programs, may be obligated in contracts, grants, amount, $20,000,000 shall be for competitive and unemployment insurance improper payment or agreements with non-State entities: Provided grants to national and regional intermediaries reviews), the administration of unemployment further, That funds appropriated under this Act for activities that prepare young ex-offenders insurance for Federal employees and for ex-serv- for activities authorized under title III of the and school dropouts for employment, with a pri- ice members as authorized under 5 U.S.C. 8501– Social Security Act and the Wagner-Peyser Act ority for projects serving high-crime, high-pov- 8523, and the administration of trade readjust- may be used by States to fund integrated Unem- erty areas; ment allowances, reemployment trade adjust- ployment Insurance and Employment Service (C) $9,581,000 for Evaluation, which shall be ment assistance, and alternative trade adjust- automation efforts, notwithstanding cost alloca- available for the period July 1, 2012 through ment assistance under the Trade Act of 1974 and tion principles prescribed under the Office of June 30, 2013; and under section 231(a) of the Trade Adjustment Management and Budget Circular A–87: Pro- (D) $6,475,000 for the Workforce Data Quality Assistance Extension Act of 2011, and shall be vided further, That the Secretary, at the request Initiative, under the authority of section available for obligation by the States through of a State participating in a consortium with 171(c)(2) of the WIA, which shall be available December 31, 2012, except that funds used for other States, may reallot funds allotted to such for the period July 1, 2012 through June 30, 2013, automation acquisitions or competitive grants State under title III of the Social Security Act to and which shall not be subject to the require- awarded to States for improved operations, or other States participating in the consortium in ments of section 171(c)(4)(D). reemployment and eligibility assessments and order to carry out activities that benefit the ad- OFFICE OF JOB CORPS improper payments shall be available for obliga- ministration of the unemployment compensation To carry out subtitle C of title I of the WIA, tion by the States through September 30, 2014, law of the State making the request. including Federal administrative expenses, the and funds used for unemployment insurance In addition, $50,000,000 from the Employment purchase and hire of passenger motor vehicles, workloads experienced by the States through Security Administration Account of the Unem- the construction, alteration, and repairs of September 30, 2012 shall be available for Federal ployment Trust Fund shall be available to con- buildings and other facilities, and the purchase obligation through December 31, 2012; duct in-person reemployment and eligibility as- of real property for training centers as author- (2) $11,287,000 from the Trust Fund is for na- sessments and unemployment insurance im- ized by the WIA, $1,706,171,000, plus reimburse- tional activities necessary to support the admin- proper payment reviews. ments, as follows: istration of the Federal-State unemployment in- ADVANCES TO THE UNEMPLOYMENT TRUST FUND (1) $1,572,049,000 for Job Corps Operations, surance system; AND OTHER FUNDS which shall be available for the period July 1, (3) $679,531,000 from the Trust Fund, together 2012 through June 30, 2013; with $22,638,000 from the General Fund of the For repayable advances to the Unemployment (2) $104,990,000 for construction, rehabilitation Treasury, is for grants to States in accordance Trust Fund as authorized by sections 905(d) and and acquisition of Job Corps Centers, which with section 6 of the Wagner-Peyser Act, and 1203 of the Social Security Act, and to the Black shall be available for the period July 1, 2012 shall be available for Federal obligation for the Lung Disability Trust Fund as authorized by through June 30, 2015: Provided, That the Sec- period July 1, 2012 through June 30, 2013; section 9501(c)(1) of the Internal Revenue Code retary may transfer up to 15 percent of such (4) $20,952,000 from the Trust Fund is for na- of 1986; and for nonrepayable advances to the funds to meet the operational needs of such cen- tional activities of the Employment Service, in- Unemployment Trust Fund as authorized by 5 ters or to achieve administrative efficiencies: cluding administration of the work opportunity U.S.C. 8509, and to the ‘‘Federal Unemployment Provided further, That any funds transferred tax credit under section 51 of the Internal Rev- Benefits and Allowances’’ account, such sums pursuant to the preceding proviso shall not be enue Code of 1986, and the provision of tech- as may be necessary, which shall be available available for obligation after June 30, 2013; and nical assistance and staff training under the for obligation through September 30, 2013.

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PROGRAM ADMINISTRATION accruing during the current or any prior fiscal (6), and (7) of the Internal Revenue Code of For expenses of administering employment year authorized by 5 U.S.C. 81; continuation of 1986; and repayment of, and payment of interest and training programs, $97,320,000, together benefits as provided for under the heading ‘‘Ci- on advances, as authorized by section 9501(d)(4) with not to exceed $50,040,000 which may be ex- vilian War Benefits’’ in the Federal Security of that Act. In addition, the following amounts pended from the Employment Security Adminis- Agency Appropriation Act, 1947; the Employees’ may be expended from the Fund for fiscal year tration Account in the Unemployment Trust Compensation Commission Appropriation Act, 2012 for expenses of operation and administra- Fund. 1944; sections 4(c) and 5(f) of the War Claims tion of the Black Lung Benefits program, as au- EMPLOYEE BENEFITS SECURITY ADMINISTRATION Act of 1948; and 50 percent of the additional thorized by section 9501(d)(5): not to exceed compensation and benefits required by section $32,906,000 for transfer to the Office of Workers’ SALARIES AND EXPENSES 10(h) of the Longshore and Harbor Workers’ Compensation Programs, ‘‘Salaries and Ex- For necessary expenses for the Employee Ben- Compensation Act, $350,000,000, together with penses’’; not to exceed $25,217,000 for transfer to efits Security Administration, $183,500,000. such amounts as may be necessary to be charged Departmental Management, ‘‘Salaries and Ex- PENSION BENEFIT GUARANTY CORPORATION to the subsequent year appropriation for the penses’’; not to exceed $327,000 for transfer to PENSION BENEFIT GUARANTY CORPORATION FUND payment of compensation and other benefits for Departmental Management, ‘‘Office of Inspector The Pension Benefit Guaranty Corporation any period subsequent to August 15 of the cur- General’’; and not to exceed $356,000 for pay- (‘‘Corporation’’) is authorized to make such ex- rent year: Provided, That amounts appropriated ments into miscellaneous receipts for the ex- penditures, including financial assistance au- may be used under 5 U.S.C. 8104 by the Sec- penses of the Department of the Treasury. thorized by subtitle E of title IV of the Employee retary to reimburse an employer, who is not the OCCUPATIONAL SAFETY AND HEALTH Retirement Income Security Act of 1974, within employer at the time of injury, for portions of ADMINISTRATION limits of funds and borrowing authority avail- the salary of a re-employed, disabled bene- SALARIES AND EXPENSES ficiary: Provided further, That balances of reim- able to the Corporation, and in accord with law, For necessary expenses for the Occupational bursements unobligated on September 30, 2011, and to make such contracts and commitments Safety and Health Administration, $565,857,000, shall remain available until expended for the without regard to fiscal year limitations, as pro- including not to exceed $104,393,000 which shall payment of compensation, benefits, and ex- vided by 31 U.S.C. 9104, as may be necessary in be the maximum amount available for grants to penses: Provided further, That in addition there carrying out the program, including associated States under section 23(g) of the Occupational shall be transferred to this appropriation from administrative expenses, through September 30, Safety and Health Act (‘‘Act’’), which grants the Postal Service and from any other corpora- 2012, for the Corporation: Provided, That none shall be no less than 50 percent of the costs of tion or instrumentality required under 5 U.S.C. of the funds available to the Corporation for fis- State occupational safety and health programs 8147(c) to pay an amount for its fair share of the cal year 2012 shall be available for obligations required to be incurred under plans approved by cost of administration, such sums as the Sec- for administrative expenses in excess of the Secretary under section 18 of the Act; and, retary determines to be the cost of administra- $476,901,000: Provided further, That to the ex- in addition, notwithstanding 31 U.S.C. 3302, the tion for employees of such fair share entities tent that the number of new plan participants Occupational Safety and Health Administration through September 30, 2012: Provided further, in plans terminated by the Corporation exceeds may retain up to $200,000 per fiscal year of That of those funds transferred to this account 100,000 in fiscal year 2012, an amount not to ex- training institute course tuition fees, otherwise from the fair share entities to pay the cost of ad- ceed an additional $9,200,000 shall be available authorized by law to be collected, and may uti- ministration of the Federal Employees’ Com- through September 30, 2013, for obligation for lize such sums for occupational safety and pensation Act, $59,488,000 shall be made avail- administrative expenses for every 20,000 addi- health training and education: Provided, That able to the Secretary as follows: tional terminated participants: Provided fur- notwithstanding 31 U.S.C. 3302, the Secretary is ther, That an additional $50,000 shall be made (1) For enhancement and maintenance of automated data processing systems and tele- authorized, during the fiscal year ending Sep- available through September 30, 2013, for obliga- tember 30, 2012, to collect and retain fees for tion for investment management fees for every communications systems, $17,253,000; (2) For automated workload processing oper- services provided to Nationally Recognized Test- $25,000,000 in assets received by the Corporation ing Laboratories, and may utilize such sums, in as a result of new plan terminations or asset ations, including document imaging, centralized mail intake, and medical bill processing, accordance with the provisions of 29 U.S.C. 9a, growth, after approval by the Office of Manage- to administer national and international labora- ment and Budget and notification of the Com- $26,769,000; (3) For periodic roll management and medical tory recognition programs that ensure the safety mittees on Appropriations of the House of Rep- of equipment and products used by workers in resentatives and the Senate: Provided further, review, $15,466,000; and (4) The remaining funds shall be paid into the the workplace: Provided further, That none of That obligations in excess of the amounts pro- Treasury as miscellaneous receipts: the funds appropriated under this paragraph vided in this paragraph may be incurred for un- Provided further, That the Secretary may re- shall be obligated or expended to prescribe, foreseen and extraordinary pretermination ex- quire that any person filing a notice of injury or issue, administer, or enforce any standard, rule, penses or extraordinary multiemployer program a claim for benefits under 5 U.S.C. 81, or the regulation, or order under the Act which is ap- related expenses after approval by the Office of Longshore and Harbor Workers’ Compensation plicable to any person who is engaged in a Management and Budget and notification of the Act, provide as part of such notice and claim, farming operation which does not maintain a Committees on Appropriations of the House of such identifying information (including Social temporary labor camp and employs 10 or fewer Representatives and the Senate. Security account number) as such regulations employees: Provided further, That no funds ap- WAGE AND HOUR DIVISION may prescribe. propriated under this paragraph shall be obli- gated or expended to administer or enforce any SALARIES AND EXPENSES SPECIAL BENEFITS FOR DISABLED COAL MINERS For necessary expenses for the Wage and standard, rule, regulation, or order under the For carrying out title IV of the Federal Mine Act with respect to any employer of 10 or fewer Hour Division, including reimbursement to Safety and Health Act of 1977, as amended by State, Federal, and local agencies and their em- employees who is included within a category Public Law 107–275, $141,227,000, to remain having a Days Away, Restricted, or Transferred ployees for inspection services rendered, available until expended. $227,491,000. (DART) occupational injury and illness rate, at For making after July 31 of the current fiscal the most precise industrial classification code OFFICE OF LABOR MANAGEMENT STANDARDS year, benefit payments to individuals under title for which such data are published, less than the SALARIES AND EXPENSES IV of such Act, for costs incurred in the current national average rate as such rates are most re- For necessary expenses for the Office of Labor fiscal year, such amounts as may be necessary. cently published by the Secretary, acting Management Standards, $41,367,000. For making benefit payments under title IV through the Bureau of Labor Statistics, in ac- for the first quarter of fiscal year 2013, OFFICE OF FEDERAL CONTRACT COMPLIANCE cordance with section 24 of the Act, except— $40,000,000, to remain available until expended. PROGRAMS (1) to provide, as authorized by the Act, con- ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES SALARIES AND EXPENSES sultation, technical assistance, educational and OCCUPATIONAL ILLNESS COMPENSATION FUND training services, and to conduct surveys and For necessary expenses for the Office of Fed- For necessary expenses to administer the En- studies; eral Contract Compliance Programs, ergy Employees Occupational Illness Compensa- (2) to conduct an inspection or investigation $105,386,000. tion Program Act, $52,147,000, to remain avail- in response to an employee complaint, to issue a OFFICE OF WORKERS’ COMPENSATION PROGRAMS able until expended: Provided, That the Sec- citation for violations found during such inspec- SALARIES AND EXPENSES retary may require that any person filing a tion, and to assess a penalty for violations For necessary expenses for the Office of Work- claim for benefits under the Act provide as part which are not corrected within a reasonable ers’ Compensation Programs, $115,939,000, to- of such claim such identifying information (in- abatement period and for any willful violations gether with $2,124,000 which may be expended cluding Social Security account number) as may found; from the Special Fund in accordance with sec- be prescribed. (3) to take any action authorized by the Act with respect to imminent dangers; tions 39(c), 44(d), and 44(j) of the Longshore and BLACK LUNG DISABILITY TRUST FUND Harbor Worker’s Compensation Act. (4) to take any action authorized by the Act (INCLUDING TRANSFER OF FUNDS) with respect to health hazards; SPECIAL BENEFITS Such sums as may be necessary from the (5) to take any action authorized by the Act (INCLUDING TRANSFER OF FUNDS) Black Lung Disability Trust Fund (‘‘Fund’’), to with respect to a report of an employment acci- For the payment of compensation, benefits, remain available until expended, for payment of dent which is fatal to one or more employees or and expenses (except administrative expenses) all benefits authorized by section 9501(d)(1), (2), which results in hospitalization of two or more

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employees, and to take any action pursuant to DEPARTMENTAL MANAGEMENT available only to meet emergency needs and such investigation authorized by the Act; and SALARIES AND EXPENSES shall not be used to create any new program or to fund any project or activity for which no (6) to take any action authorized by the Act (INCLUDING TRANSFER OF FUNDS) with respect to complaints of discrimination funds are provided in this Act: Provided further, against employees for exercising rights under For necessary expenses for Departmental That the Committees on Appropriations of the the Act: Management, including the hire of three pas- House of Representatives and the Senate are no- senger motor vehicles, $346,683,000, together tified at least 15 days in advance of any trans- Provided further, That the foregoing proviso with not to exceed $326,000, which may be ex- fer. shall not apply to any person who is engaged in pended from the Employment Security Adminis- SEC. 103. In accordance with Executive Order a farming operation which does not maintain a tration Account in the Unemployment Trust No. 13126, none of the funds appropriated or temporary labor camp and employs 10 or fewer Fund: Provided, That $66,500,000 for the Bureau otherwise made available pursuant to this Act employees: Provided further, That $10,729,000 of International Labor Affairs shall be available shall be obligated or expended for the procure- shall be available for Susan Harwood training for obligation through December 31, 2012: Pro- ment of goods mined, produced, manufactured, grants. vided further, That funds available to the Bu- or harvested or services rendered, in whole or in MINE SAFETY AND HEALTH ADMINISTRATION reau of International Labor Affairs may be used part, by forced or indentured child labor in in- to administer or operate international labor ac- dustries and host countries already identified by SALARIES AND EXPENSES tivities, bilateral and multilateral technical as- the United States Department of Labor prior to (INCLUDING TRANSFER OF FUNDS) sistance, and microfinance programs, by or enactment of this Act. For necessary expenses for the Mine Safety through contracts, grants, subgrants and other SEC. 104. None of the funds made available to and Health Administration, $374,000,000, includ- arrangements: Provided further, That the Department of Labor for grants under sec- ing purchase and bestowal of certificates and $40,000,000 shall be for programs to combat ex- tion 414(c) of the American Competitiveness and trophies in connection with mine rescue and ploitative child labor internationally: Provided Workforce Improvement Act of 1998 may be used for any purpose other than competitive grants first-aid work, and the hire of passenger motor further, That not less than $6,500,000 shall be for training in the occupations and industries vehicles, including up to $2,000,000 for mine res- used to implement model programs that address for which employers are using H–1B visas to cue and recovery activities; in addition, not to worker rights issues through technical assist- hire foreign workers, and the related activities exceed $750,000 may be collected by the National ance in countries with which the United States necessary to support such training. Mine Health and Safety Academy for room, has free trade agreements or trade preference programs: Provided further, That $8,500,000 SEC. 105. None of the funds made available by board, tuition, and the sale of training mate- this Act under the heading ‘‘Employment and rials, otherwise authorized by law to be col- shall be used for program evaluation and shall be available for obligation through September Training Administration’’ shall be used by a re- lected, to be available for mine safety and cipient or subrecipient of such funds to pay the health education and training activities, not- 30, 2013: Provided further, That funds available for program evaluation may be transferred to salary and bonuses of an individual, either as withstanding 31 U.S.C. 3302; and, in addition, direct costs or indirect costs, at a rate in excess the Mine Safety and Health Administration may any other appropriate account in the Depart- ment for such purpose: Provided further, That of Executive Level II. This limitation shall not retain up to $1,499,000 from fees collected for the apply to vendors providing goods and services as the funds available to the Women’s Bureau may approval and certification of equipment, mate- defined in Office of Management and Budget be used for grants to serve and promote the in- rials, and explosives for use in mines, and may Circular A–133. Where States are recipients of terests of women in the workforce. utilize such sums for such activities; and, in ad- such funds, States may establish a lower limit dition, the Secretary may transfer from amounts VETERANS EMPLOYMENT AND TRAINING for salaries and bonuses of those receiving sala- provided under this heading up to $3,000,000 to Not to exceed $212,060,000 may be derived from ries and bonuses from subrecipients of such ‘‘Departmental Management’’ for activities re- the Employment Security Administration Ac- funds, taking into account factors including the lated to the Office of the Solicitor’s caseload be- count in the Unemployment Trust Fund to carry relative cost-of-living in the State, the com- fore the Federal Mine Safety and Health Review out the provisions of 38 U.S.C. 4100–4113, 4211– pensation levels for comparable State or local Commission; the Secretary is authorized to ac- 4215, and 4321–4327, and Public Law 103–353, government employees, and the size of the orga- cept lands, buildings, equipment, and other con- and which shall be available for obligation by nizations that administer Federal programs in- tributions from public and private sources and the States through December 31, 2012, of which volved including Employment and Training Ad- to prosecute projects in cooperation with other $2,444,000 is for the National Veterans’ Employ- ministration programs. Notwithstanding this agencies, Federal, State, or private; the Mine ment and Training Services Institute. section, the limitation on salaries for the Job Safety and Health Administration is authorized In addition, to carry out Department of Labor Corps shall continue to be governed by section to promote health and safety education and programs under section 5(a)(1) of the Homeless 101. training in the mining community through coop- Veterans Comprehensive Assistance Act of 2001 SEC. 106. The Secretary shall take no action to erative programs with States, industry, and and the Veterans Workforce Investment Pro- amend, through regulatory or administration safety associations; the Secretary is authorized grams under section 168 of the WIA, $52,879,000, action, the definition established in section to recognize the Joseph A. Holmes Safety Asso- of which $14,622,000 shall be available for obli- 667.220 of title 20 of the Code of Federal Regula- ciation as a principal safety association and, gation for the period July 1, 2012 through June tions for functions and activities under title I of notwithstanding any other provision of law, 30, 2013. WIA, or to modify, through regulatory or ad- may provide funds and, with or without reim- ministrative action, the procedure for redesigna- IT MODERNIZATION bursement, personnel, including service of Mine tion of local areas as specified in subtitle B of Safety and Health Administration officials as For necessary expenses for Department of title I of that Act (including applying the stand- officers in local chapters or in the national or- Labor centralized infrastructure technology in- ards specified in section 116(a)(3)(B) of that Act, ganization; and any funds available to the De- vestment activities related to support systems but notwithstanding the time limits specified in partment of Labor may be used, with the ap- and modernization, $19,852,000. section 116(a)(3)(B) of that Act), until such time proval of the Secretary, to provide for the costs OFFICE OF INSPECTOR GENERAL as legislation reauthorizing the Act is enacted. of mine rescue and survival operations in the For salaries and expenses of the Office of In- Nothing in the preceding sentence shall permit event of a major disaster. spector General in carrying out the provisions of or require the Secretary to withdraw approval for such redesignation from a State that re- BUREAU OF LABOR STATISTICS the Inspector General Act of 1978, $77,937,000, together with not to exceed $5,909,000 which ceived the approval not later than October 12, SALARIES AND EXPENSES may be expended from the Employment Security 2005, or to revise action taken or modify the re- designation procedure being used by the Sec- For necessary expenses for the Bureau of Administration Account in the Unemployment retary in order to complete such redesignation Labor Statistics, including advances or reim- Trust Fund. for a State that initiated the process of such re- bursements to State, Federal, and local agencies GENERAL PROVISIONS and their employees for services rendered, designation by submitting any request for such $542,921,000, together with not to exceed SEC. 101. None of the funds appropriated by redesignation not later than October 26, 2005. $67,303,000 which may be expended from the Em- this Act for the Job Corps shall be used to pay (INCLUDING TRANSFER OF FUNDS) ployment Security Administration Account in the salary and bonuses of an individual, either SEC. 107. Notwithstanding section 102, the Sec- the Unemployment Trust Fund, of which as direct costs or any proration as an indirect retary may transfer funds made available to the $1,500,000 may be used to fund the mass layoff cost, at a rate in excess of Executive Level II. Employment and Training Administration by statistics program under section 15 of the Wag- (TRANSFER OF FUNDS) this Act or by Public Law 112–10, either directly ner-Peyser Act. SEC. 102. Not to exceed 1 percent of any discre- or through a set-aside, for technical assistance services to grantees to ‘‘Program Administra- OFFICE OF DISABILITY EMPLOYMENT POLICY tionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) tion’’ when it is determined that those services SALARIES AND EXPENSES which are appropriated for the current fiscal will be more efficiently performed by Federal For necessary expenses for the Office of Dis- year for the Department of Labor in this Act employees. ability Employment Policy to provide leadership, may be transferred between a program, project, (INCLUDING TRANSFER OF FUNDS) develop policy and initiatives, and award grants or activity, but no such program, project, or ac- SEC. 108. (a) The Secretary may reserve not furthering the objective of eliminating barriers tivity shall be increased by more than 3 percent more than 0.5 percent from each appropriation to the training and employment of people with by any such transfer: Provided, That the trans- made available in this Act identified in sub- disabilities, $38,953,000. fer authority granted by this section shall be section (b) in order to carry out evaluations of

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any of the programs or activities that are fund- ‘‘PHS Act’’) with respect to primary health care HEALTH CARE SYSTEMS ed under such accounts. Any funds reserved and the Native Hawaiian Health Care Act of For carrying out titles III and XII of the PHS under this section shall be transferred to ‘‘De- 1988, $1,598,957,000, of which $129,000 shall be Act with respect to health care systems, and the partmental Management’’ for use by the Office available until expended for facilities renova- Stem Cell Therapeutic and Research Act of 2005, of the Chief Evaluation Officer within the De- tions at the Gillis W. Long Hansen’s Disease $83,526,000. partment of Labor, and shall be available for Center: Provided, That no more than $40,000 RURAL HEALTH shall be available until expended for carrying obligation through September 30, 2013: Provided, For carrying out titles III and IV of the PHS out the provisions of section 224(o) of the PHS That such funds shall only be available if the Act with respect to rural health, section 427(a) Act, including associated administrative ex- Chief Evaluation Officer of the Department of of the Federal Coal Mine Health and Safety penses and relevant evaluations: Provided fur- Labor submits a plan to the Committees on Ap- Act, the Cardiac Arrest Survival Act of 2000, ther, That no more than $95,073,000 shall be propriations of the House of Representatives and sections 711 and 1820 of the Social Security available until expended for carrying out the and the Senate describing the evaluations to be Act, $139,832,000, of which $41,118,000 from gen- provisions of Public Law 104–73 and for ex- carried out 15 days in advance of any transfer. eral revenues, notwithstanding section 1820(j) of penses incurred by the Department of Health (b) The accounts referred to in subsection (a) the Social Security Act, shall be available for and Human Services (referred to in this Act as are: ‘‘Office of Job Corps’’, ‘‘State Unemploy- carrying out the Medicare rural hospital flexi- ‘‘HHS’’) pertaining to administrative claims ment Insurance and Employment Service Oper- bility grants program: Provided, That of the made under such law. ations’’, ‘‘Employee Benefits Security Adminis- funds made available under this heading for tration’’, ‘‘Office of Workers’ Compensation HEALTH WORKFORCE Medicare rural hospital flexibility grants, Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office For carrying out titles III, VII, and VIII of $15,000,000 shall be available for the Small Rural of Federal Contract Compliance Programs’’, the PHS Act with respect to the health work- Hospital Improvement Grant Program for qual- ‘‘Office of Labor Management Standards’’, ‘‘Oc- force, section 1128E of the Social Security Act, ity improvement and adoption of health infor- cupational Safety and Health Administration’’, and the Health Care Quality Improvement Act mation technology and $1,000,000 shall be to ‘‘Mine Safety and Health Administration’’, and of 1986, $734,402,000: Provided, That sections carry out section 1820(g)(6) of the Social Secu- ‘‘Veterans Employment and Training’’. 747(c)(2), 751(j)(2), and the proportional funding rity Act, with funds provided for grants under SEC. 109. None of the funds made available by amounts in paragraphs (1) through (4) of sec- section 1820(g)(6) available for the purchase and this Act may be used to promulgate the Defini- tion 756(e) of the PHS Act shall not apply to implementation of telehealth services, including tion of ‘‘Fiduciary’’ regulation (Regulatory funds made available under this heading: Pro- pilots and demonstrations on the use of elec- Identification Number 1210–AB32) published by vided further, That for any program operating tronic health records to coordinate rural vet- the Employee Benefits Security Administration under section 751 of the PHS Act on or before erans care between rural providers and the De- of the Department of Labor on October 22, 2010 January 1, 2009, the Secretary of Health and partment of Veterans Affairs electronic health (75 Fed. Reg. 65263). Human Services (referred to in this title as ‘‘Sec- record system: Provided further, That notwith- SEC. 110. None of the amounts made available retary’’) may waive any of the requirements standing section 338J(k) of the PHS Act, under this Act may be used to implement the contained in sections 751(d)(2)(A) and $10,055,000 shall be available for State Offices of rule entitled ‘‘Wage Methodology for the Tem- 751(d)(2)(B) of such Act for the full project pe- Rural Health. porary Non-Agricultural Employment H–2B Pro- riod of a grant under such section: Provided FAMILY PLANNING further, That no funds shall be available for gram’’ (76 Fed. Reg. 3452 (January 19, 2011)). For carrying out the program under title X of section 340G–1 of the PHS Act: Provided further, SEC. 111. None of the funds made available by the PHS Act to provide for voluntary family That in addition to fees authorized by section this Act may be used to continue the develop- planning projects, $297,400,000: Provided, That 427(b) of the Health Care Quality Improvement ment of or to promulgate, administer, enforce, or amounts provided to said projects under such Act of 1986, fees shall be collected for the full otherwise implement the Occupational Injury title shall not be expended for abortions, that all disclosure of information under such Act suffi- and Illness Recording and Reporting Require- pregnancy counseling shall be nondirective, and cient to recover the full costs of operating the ments—Musculoskeletal Disorders (MSD) Col- that such amounts shall not be expended for National Practitioner Data Bank and shall re- umn regulation (Regulatory Identification Num- any activity (including the publication or dis- main available until expended to carry out that ber 1218–AC45) being developed by the Occupa- tribution of literature) that in any way tends to Act: Provided further, That fees collected for the tional Safety and Health Administration of the promote public support or opposition to any leg- full disclosure of information under the ‘‘Health Department of Labor. islative proposal or candidate for public office. SEC. 112. None of the funds made available by Care Fraud and Abuse Data Collection Pro- PROGRAM MANAGEMENT this Act may be used to implement or enforce the gram’’, authorized by section 1128E(d)(2) of the For program support in the Health Resources proposed rule entitled ‘‘Lowering Miners’ Expo- Social Security Act, shall be sufficient to recover and Services Administration, $161,815,000: Pro- sure to Coal Mine Dust, Including Continuous the full costs of operating the program, and vided, That funds made available under this Personal Dust Monitors’’ regulation published shall remain available until expended to carry heading may be used to supplement program by the Mine Safety and Health Administration out that Act: Provided further, That funds support funding provided under the headings (MSHA) of the Department of Labor on October transferred to this account to carry out section ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 19, 2010 (75 Fed. Reg. 64412, RIN 1219-AB64) 846 and subpart 3 of part D of title III of the ‘‘Maternal and Child Health’’, ‘‘Ryan White until— PHS Act may be used to make prior year adjust- HIV/AIDS Program’’, ‘‘Health Care Systems’’, (1) the Government Accountability Office— ments to awards made under such sections. and ‘‘Rural Health’’. (A) issues, at a minimum, an interim report MATERNAL AND CHILD HEALTH which— For carrying out titles III, XI, XII, and XIX HEALTH EDUCATION ASSISTANCE LOANS PROGRAM (i) evaluates the completeness of MSHA’s data of the PHS Act with respect to maternal and ACCOUNT collection and sampling, to include an analysis child health, title V of the Social Security Act, Such sums as may be necessary to carry out of whether such data supports current trends of and section 712 of the American Jobs Creation the purpose of the program, as authorized by the incidence of lung disease arising from occu- Act of 2004, $863,607,000: Provided, That not- title VII of the PHS Act. For administrative ex- pational exposure to respirable coal mine dust withstanding sections 502(a)(1) and 502(b)(1) of penses to carry out the guaranteed loan pro- across working underground coal miners; and the Social Security Act, not more than gram, including section 709 of the PHS Act, (ii) assesses the sufficiency of MSHA’s analyt- $79,586,000 shall be available for carrying out $2,841,000. ical methodology; and special projects of regional and national signifi- VACCINE INJURY COMPENSATION PROGRAM TRUST (B) not later than 240 days after enactment of cance pursuant to section 501(a)(2) of such Act FUND this Act, submits the report described in sub- and $10,400,000 shall be available for projects For payments from the Vaccine Injury Com- paragraph (A) to the Committees on Appropria- described in paragraphs (A) through (F) of sec- pensation Program Trust Fund (‘‘Trust Fund’’), tions of the House of Representatives and the tion 501(a)(3) of such Act. such sums as may be necessary for claims associ- Senate; or RYAN WHITE HIV/AIDS PROGRAM ated with vaccine-related injury or death with (2) the deadline described in paragraph (1)(B) For carrying out title XXVI of the PHS Act respect to vaccines administered after September for submission of the report has passed. with respect to the Ryan White HIV/AIDS pro- 30, 1988, pursuant to subtitle 2 of title XXI of SEC. 113. None of the funds made available by gram, $2,326,665,000, of which $1,995,670,000 the PHS Act, to remain available until ex- this Act may be used by the Secretary to admin- shall remain available to the Secretary of pended: Provided, That for necessary adminis- ister or enforce 29 CFR 779.372(c)(4). Health and Human Services through September trative expenses, not to exceed $6,489,000 shall This title may be cited as the ‘‘Department of 30, 2014, for parts A and B of title XXVI of the be available from the Trust Fund to the Sec- Labor Appropriations Act, 2012’’. PHS Act, and of which not less than retary. TITLE II $900,000,000 shall be for State AIDS Drug Assist- CENTERS FOR DISEASE CONTROL AND PREVENTION DEPARTMENT OF HEALTH AND HUMAN ance Programs under the authority of section SERVICES 2616 or 311(c) of such Act: Provided, That in ad- IMMUNIZATION AND RESPIRATORY DISEASES dition to amounts provided herein, $25,000,000 For carrying out titles II, III, VII, XVII, and HEALTH RESOURCES AND SERVICES shall be available from amounts available under XXI, and section 2821 of the PHS Act, titles II ADMINISTRATION section 241 of the PHS Act to carry out parts A, and IV of the Immigration and Nationality Act, PRIMARY HEALTH CARE B, C, and D of title XXVI of the PHS Act to and section 501 of the Refugee Education Assist- For carrying out titles II and III of the Public fund Special Projects of National Significance ance Act, with respect to immunization and res- Health Service Act (referred to in this Act as the under section 2691. piratory diseases, $579,375,000: Provided, That

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in addition to amounts provided herein, GLOBAL HEALTH NATIONAL INSTITUTES OF HEALTH $12,864,000 shall be available from amounts NATIONAL CANCER INSTITUTE For carrying out titles II, III, VII and XVII of available under section 241 of the PHS Act to For carrying out section 301 and title IV of carry out the National Immunization Surveys. the PHS Act with respect to global health, $349,547,000, of which $118,023,000 for inter- the PHS Act with respect to cancer, HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANS- national HIV/AIDS shall remain available $5,081,788,000, of which up to $8,000,000 may be MITTED DISEASES, AND TUBERCULOSIS PREVEN- through September 30, 2013: Provided, That used for facilities repairs and improvements at TION funds may be used for purchase and insurance the National Cancer Institute—Frederick Feder- For carrying out titles II, III, VII, XVII, of official motor vehicles in foreign countries. ally Funded Research and Development Center XXIII, and XXVI of the PHS Act with respect in Frederick, Maryland. to HIV/AIDS, viral hepatitis, sexually trans- PUBLIC HEALTH PREPAREDNESS AND RESPONSE NATIONAL HEART, LUNG, AND BLOOD INSTITUTE mitted diseases, and tuberculosis prevention, For carrying out section 301 and title IV of $1,105,995,000. For carrying out titles II, III, VII, and XVII of the PHS Act with respect to public health the PHS Act with respect to cardiovascular, EMERGING AND ZOONOTIC INFECTIOUS DISEASES preparedness and response, and for expenses lung, and blood diseases, and blood and blood For carrying out titles II, III, VII, and XVII, necessary to support activities related to coun- products, $3,084,851,000. and section 2821 of the PHS Act, titles II and IV tering potential biological, nuclear, radiological, NATIONAL INSTITUTE OF DENTAL AND of the Immigration and Nationality Act, and and chemical threats to civilian populations, CRANIOFACIAL RESEARCH section 501 of the Refugee Education Assistance $1,306,906,000, of which $509,486,000 shall remain For carrying out section 301 and title IV of Act, with respect to emerging and zoonotic in- available until expended for the Strategic Na- the PHS Act with respect to dental disease, fectious diseases, $253,919,000. tional Stockpile under section 319F–2 of the PHS $411,488,000. CHRONIC DISEASE PREVENTION AND HEALTH Act. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE PROMOTION AND KIDNEY DISEASES CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT For carrying out titles II, III, VII, XI, XV, For carrying out section 301 and title IV of XVII, and XIX of the PHS Act with respect to For carrying out titles II, III, VII, XVII and the PHS Act with respect to diabetes and diges- chronic disease prevention and health pro- XIX, and section 2821 of the PHS Act and for tive and kidney disease, $1,800,447,000. motion, $760,700,000: Provided, That funds ap- cross-cutting activities and program support NATIONAL INSTITUTE OF NEUROLOGICAL propriated under this account may be available that supplement activities funded under the DISORDERS AND STROKE for making grants under section 1509 of the PHS headings ‘‘Immunization and Respiratory Dis- For carrying out section 301 and title IV of Act for not less than 21 States, tribes, or tribal eases’’, ‘‘HIV/AIDS, Viral Hepatitis, Sexually organizations. the PHS Act with respect to neurological dis- Transmitted Diseases, and Tuberculosis Preven- orders and stroke, $1,629,445,000. BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, tion’’, ‘‘Emerging and Zoonotic Infectious Dis- NATIONAL INSTITUTE OF ALLERGY AND DISABILITIES AND HEALTH eases’’, ‘‘Chronic Disease Prevention and Health INFECTIOUS DISEASES For carrying out titles II, III, VII, XI, and Promotion’’, ‘‘Birth Defects, Developmental Dis- For carrying out section 301 and title IV of XVII of the PHS Act with respect to birth de- abilities, Disabilities and Health’’, ‘‘Environ- the PHS Act with respect to allergy and infec- fects, developmental disabilities, disabilities and mental Health’’, ‘‘Injury Prevention and Con- tious diseases, $4,499,215,000. health, $138,072,000. trol’’, ‘‘National Institute for Occupational NATIONAL INSTITUTE OF GENERAL MEDICAL PUBLIC HEALTH SCIENTIFIC SERVICES Safety and Health’’, ‘‘Employees Occupational Illness Compensation Program Act’’, ‘‘Global SCIENCES For carrying out titles II and III of the PHS Health’’, ‘‘Public Health Preparedness and Re- For carrying out section 301 and title IV of Act with respect to health statistics, surveil- sponse’’, and ‘‘Public Health Scientific Serv- the PHS Act with respect to general medical lance, informatics, and workforce development, ices’’, $621,445,000, of which $30,000,000 shall be sciences, $2,434,637,000: Provided, That not less $144,795,000: Provided, That in addition to available until September 30, 2013 for business than $276,480,000 is provided for the Institu- amounts provided herein, $247,769,000 shall be services, of which $25,000,000 shall be available tional Development Awards program. available from amounts available under section until September 30, 2016 for equipment, con- 241 of the PHS Act to carry out Public Health EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE struction and renovation of facilities, and of Scientific Services. OF CHILD HEALTH AND HUMAN DEVELOPMENT which $80,000,000 shall be for the Preventive ENVIRONMENTAL HEALTH For carrying out section 301 and title IV of Health and Health Services Block Grant Pro- the PHS Act with respect to child health and For carrying out titles II, III, VII, and XVII gram: Provided, That paragraphs (1) through human development, $1,323,900,000. of the PHS Act with respect to environmental (3) of subsection (b) of section 2821 of the PHS NATIONAL EYE INSTITUTE health, $105,598,000. Act shall not apply to funds appropriated under For carrying out section 301 and title IV of INJURY PREVENTION AND CONTROL this heading and in all other accounts of the Centers for Disease Control and Prevention (re- the PHS Act with respect to eye diseases and For carrying out titles II, III, VII, and XVII visual disorders, $704,043,000. of the PHS Act with respect to injury prevention ferred to in this title as ‘‘CDC’’): Provided fur- and control, $138,480,000. ther, That funds appropriated under this head- NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH ing and in all other accounts of CDC may be SCIENCES NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY used to support the purchase, hire, mainte- For carrying out section 301 and title IV of AND HEALTH nance, and operation of aircraft for use and the PHS Act with respect to environmental For carrying out titles II, III, VII, and XVII support of the activities of CDC: Provided fur- health sciences, $686,869,000. of the PHS Act, sections 101, 102, 103, 201, 202, ther, That employees of CDC or the Public NATIONAL INSTITUTE ON AGING 203, 301, 501, and 514 of the Federal Mine Safety Health Service, both civilian and commissioned For carrying out section 301 and title IV of and Health Act, section 13 of the Mine Improve- officers, detailed to States, municipalities, or ment and New Emergency Response Act, and the PHS Act with respect to aging, other organizations under authority of section $1,105,530,000. sections 20, 21, and 22 of the Occupational Safe- 214 of the PHS Act, or in overseas assignments, NATIONAL INSTITUTE OF ARTHRITIS AND ty and Health Act, with respect to occupational shall be treated as non-Federal employees for re- MUSCULOSKELETAL AND SKIN DISEASES safety and health, $182,903,000: Provided, That porting purposes only and shall not be included in addition to amounts provided herein, within any personnel ceiling applicable to the For carrying out section 301 and title IV of $110,724,000 shall be available from amounts Agency, Service, or HHS during the period of the PHS Act with respect to arthritis and mus- available under section 241 of the PHS Act. detail or assignment: Provided further, That culoskeletal and skin diseases, $536,801,000. EMPLOYEES OCCUPATIONAL ILLNESS CDC may use up to $10,000 from amounts appro- NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMPENSATION PROGRAM priated to CDC in this Act for official reception COMMUNICATION DISORDERS For necessary expenses to administer the En- and representation expenses when specifically For carrying out section 301 and title IV of ergy Employees Occupational Illness Compensa- approved by the Director of CDC: Provided fur- the PHS Act with respect to deafness and other tion Program Act, $55,358,000, to remain avail- ther, That in addition, such sums as may be de- communication disorders, $417,061,000. able until expended, of which $4,500,000 shall be rived from authorized user fees, which shall be NATIONAL INSTITUTE OF NURSING RESEARCH for use by or in support of the Advisory Board credited to the appropriation charged with the For carrying out section 301 and title IV of on Radiation and Worker Health (‘‘Board’’) to cost thereof: Provided further, That with respect the PHS Act with respect to nursing research, carry out its statutory responsibilities, including to the previous proviso, authorized user fees $145,043,000. obtaining audits, technical assistance, and from the Vessel Sanitation Program shall be NATIONAL INSTITUTE ON ALCOHOL ABUSE AND other support from the Board’s audit contractor available through September 30, 2013: Provided ALCOHOLISM with regard to radiation dose estimation and re- further, That of the funds made available under construction efforts, site profiles, procedures, this heading, up to $1,000 per eligible employee For carrying out section 301 and title IV of and review of Special Exposure Cohort petitions of CDC shall be made available until expended the PHS Act with respect to alcohol abuse and and evaluation reports: Provided, That this for Individual Learning Accounts: Provided fur- alcoholism, $460,389,000. amount shall be available consistent with the ther, That CDC may establish a Working Cap- NATIONAL INSTITUTE ON DRUG ABUSE provision regarding administrative expenses in ital Fund, with the authorities equivalent to For carrying out section 301 and title IV of section 151(b) of division B, title I of Public Law those provided in 42 U.S.C. 231, to improve the the PHS Act with respect to drug abuse, 106–554. provision of supplies and service. $1,055,362,000.

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NATIONAL INSTITUTE OF MENTAL HEALTH $193,880,000 shall be available for continuation tional surveys on drug abuse and mental health, For carrying out section 301 and title IV of of the National Children’s Study: Provided fur- to collect and analyze program data, and to the PHS Act with respect to mental health, ther, That $545,962,000 shall be available for the conduct public awareness and technical assist- $1,483,068,000. Common Fund established under section ance activities: Provided further, That funds 402A(c)(1) of the PHS Act: Provided further, made available under this heading may be used NATIONAL HUMAN GENOME RESEARCH INSTITUTE That of the funds provided $10,000 shall be for to supplement program support funding pro- For carrying out section 301 and title IV of official reception and representation expenses vided under the headings ‘‘Mental Health’’, the PHS Act with respect to human genome re- when specifically approved by the Director of ‘‘Substance Abuse Treatment’’, and ‘‘Substance search, $513,844,000. the NIH: Provided further, That the Office of Abuse Prevention’’. NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AIDS Research within the Office of the Director AGENCY FOR HEALTHCARE RESEARCH AND AND BIOENGINEERING of the NIH may spend up to $8,000,000 to make QUALITY grants for construction or renovation of facili- For carrying out section 301 and title IV of HEALTHCARE RESEARCH AND QUALITY the PHS Act with respect to biomedical imaging ties as provided for in section 2354(a)(5)(B) of the PHS Act. For carrying out titles III and IX of the PHS and bioengineering research, $338,998,000. Act, part A of title XI of the Social Security Act, BUILDINGS AND FACILITIES NATIONAL CENTER FOR COMPLEMENTARY AND and section 1013 of the Medicare Prescription ALTERNATIVE MEDICINE For the study of, construction of, renovation Drug, Improvement, and Modernization Act of For carrying out section 301 and title IV of of, and acquisition of equipment for, facilities of 2003, $369,053,000 shall be available from the PHS Act with respect to complementary and or used by NIH, including the acquisition of real amounts available under section 241 of the PHS alternative medicine, $128,299,000. property, $125,581,000, to remain available until Act, notwithstanding subsection 947(c) of such September 30, 2016. NATIONAL INSTITUTE ON MINORITY HEALTH AND Act: Provided, That in addition, amounts re- SUBSTANCE ABUSE AND MENTAL HEALTH HEALTH DISPARITIES ceived from Freedom of Information Act fees, re- SERVICES ADMINISTRATION imbursable and interagency agreements, and the For carrying out section 301 and title IV of MENTAL HEALTH sale of data shall be credited to this appropria- the PHS Act with respect to minority health and tion and shall remain available until September health disparities research, $276,963,000. For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, and the 30, 2013. JOHN E. FOGARTY INTERNATIONAL CENTER Protection and Advocacy for Individuals with CENTERS FOR MEDICARE AND MEDICAID SERVICES For carrying out the activities of the John E. Mental Illness Act, $934,853,000: Provided, That GRANTS TO STATES FOR MEDICAID Fogarty International Center (described in sub- notwithstanding section 520A(f)(2) of the PHS For carrying out, except as otherwise pro- part 2 of part E of title IV of the PHS Act), Act, no funds appropriated for carrying out sec- $69,754,000. vided, titles XI and XIX of the Social Security tion 520A shall be available for carrying out sec- Act, $184,279,110,000, to remain available until NATIONAL LIBRARY OF MEDICINE tion 1971 of the PHS Act: Provided further, That expended. For carrying out section 301 and title IV of in addition to amounts provided herein, For making, after May 31, 2012, payments to the PHS Act with respect to health information $21,039,000 shall be available under section 241 States under title XIX or in the case of section communications, $338,278,000, of which of the PHS Act to carry out subpart I of part B 1928 on behalf of States under title XIX of the $4,000,000 shall be available until September 30, of title XIX of the PHS Act to fund section Social Security Act for the last quarter of fiscal 2013, for improvement of information systems: 1920(b) technical assistance, national data, data year 2012 for unanticipated costs incurred for Provided, That in fiscal year 2012, the National collection and evaluation activities, and further the current fiscal year, such sums as may be Library of Medicine may enter into personal that the total available under this Act for sec- necessary. services contracts for the provision of services in tion 1920(b) activities shall not exceed 5 percent For making payments to States or in the case facilities owned, operated, or constructed under of the amounts appropriated for subpart I of of section 1928 on behalf of States under title the jurisdiction of the National Institutes of part B of title XIX: Provided further, That sec- XIX of the Social Security Act for the first quar- Health (referred to in this title as ‘‘NIH’’): Pro- tion 520E(b)(2) of the PHS Act shall not apply to ter of fiscal year 2013, $90,614,082,000, to remain vided further, That in addition to amounts pro- funds appropriated under this Act for fiscal available until expended. vided herein, $8,200,000 shall be available from year 2012: Provided further, That of the amount Payment under such title XIX may be made amounts available under section 241 of the PHS appropriated under this heading, $45,800,000 for any quarter with respect to a State plan or Act to carry out the purposes of the National shall be for the National Child Traumatic Stress plan amendment in effect during such quarter, Information Center on Health Services Research Initiative as described in section 582 of the PHS if submitted in or prior to such quarter and ap- and Health Care Technology established under Act. proved in that or any subsequent quarter. section 478A of the PHS Act and related health SUBSTANCE ABUSE TREATMENT PAYMENTS TO HEALTH CARE TRUST FUNDS services. For carrying out titles III, V, and XIX of the For payment to the Federal Hospital Insur- NATIONAL CENTER FOR ADVANCING PHS Act with respect to substance abuse treat- ance Trust Fund and the Federal Supple- TRANSLATIONAL SCIENCES ment and section 1922(a) of the PHS Act with re- mentary Medical Insurance Trust Fund, as pro- For carrying out section 301 and title IV of spect to substance abuse prevention, vided under sections 217(g), 1844, and 1860D–16 the PHS Act with respect to translational $2,123,993,000: Provided, That in addition to of the Social Security Act, sections 103(c) and sciences, $576,456,000: Provided, That up to amounts provided herein, the following amounts 111(d) of the Social Security Amendments of $10,000,000 shall be available to implement sec- shall be available under section 241 of the PHS 1965, section 278(d)(3) of Public Law 97–248, and tion 402C of the PHS Act, relating to the Cures Act: (1) $79,200,000 to carry out subpart II of for administrative expenses incurred pursuant Acceleration Network: Provided further, That part B of title XIX of the PHS Act to fund sec- to section 201(g) of the Social Security Act, funds appropriated may be used to support the tion 1935(b) technical assistance, national data, $230,741,378,000. reorganization and activities required to elimi- data collection and evaluation activities, and In addition, for making matching payments nate the National Center for Research Re- further that the total available under this Act under section 1844 and benefit payments under sources: Provided further, That the Director of for section 1935(b) activities shall not exceed 5 section 1860D–16 of the Social Security Act that the NIH shall ensure that, of all funds made percent of the amounts appropriated for subpart were not anticipated in budget estimates, such available to Institute, Center, and Office of the II of part B of title XIX; and (2) $2,000,000 to sums as may be necessary. evaluate substance abuse treatment programs: Director accounts within ‘‘Department of PROGRAM MANAGEMENT Health and Human Services, National Institutes Provided further, That no funds shall be avail- For carrying out, except as otherwise pro- of Health’’, at least $487,767,000 is provided to able for the National All Schedules Prescription vided, titles XI, XVIII, XIX, and XXI of the So- the Clinical and Translational Sciences Awards Reporting system. cial Security Act, titles XIII and XXVII of the program. SUBSTANCE ABUSE PREVENTION PHS Act, the Clinical Laboratory Improvement OFFICE OF THE DIRECTOR For carrying out titles III and V of the PHS Amendments of 1988, and other responsibilities For carrying out the responsibilities of the Of- Act with respect to substance abuse prevention, of the Centers for Medicare and Medicaid Serv- fice of the Director, NIH, $1,461,880,000, of $186,361,000. ices, not to exceed $3,879,476,000, to be trans- which up to $25,000,000 shall be used to carry HEALTH SURVEILLANCE AND PROGRAM SUPPORT ferred from the Federal Hospital Insurance out section 213 of this Act: Provided, That fund- For program support and cross-cutting activi- Trust Fund and the Federal Supplementary ing shall be available for the purchase of not to ties that supplement activities funded under the Medical Insurance Trust Fund, as authorized exceed 29 passenger motor vehicles for replace- headings ‘‘Mental Health’’, ‘‘Substance Abuse by section 201(g) of the Social Security Act; to- ment only: Provided further, That NIH is au- Treatment’’, and ‘‘Substance Abuse Prevention’’ gether with all funds collected in accordance thorized to collect third-party payments for the in carrying out titles III, V and XIX of the PHS with section 353 of the PHS Act and section cost of clinical services that are incurred in NIH Act and the Protection and Advocacy for Indi- 1857(e)(2) of the Social Security Act, funds re- research facilities and that such payments shall viduals with Mental Illness Act in the Substance tained by the Secretary pursuant to section 302 be credited to the NIH Management Fund: Pro- Abuse and Mental Health Services Administra- of the Tax Relief and Health Care Act of 2006; vided further, That all funds credited to the tion, $109,106,000: Provided, That in addition to and such sums as may be collected from author- NIH Management Fund shall remain available amounts provided herein, $27,428,000 shall be ized user fees and the sale of data, which shall for one fiscal year after the fiscal year in which available under section 241 of the PHS Act to be credited to this account and remain available they are deposited: Provided further, That supplement funds available to carry out na- until September 30, 2017: Provided, That all

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funds derived in accordance with 31 U.S.C. 9701 LOW INCOME HOME ENERGY ASSISTANCE 1978 (adoption opportunities), the Abandoned from organizations established under title XIII For making payments under subsections (b) Infants Assistance Act of 1988, section 291 of the of the PHS Act shall be credited to and avail- and (d) of section 2602 of the Low Income Home Help America Vote Act of 2002, part B–1 of title able for carrying out the purposes of this appro- Energy Assistance Act of 1981, $3,478,246,000: IV and sections 413, 1110, and 1115 of the Social priation: Provided further, That $34,000,000, to Provided, That all but $497,000,000 of such Security Act; for making payments under the remain available through September 30, 2013, funds shall be allocated as though the total ap- Community Services Block Grant Act (‘‘CSBG shall be for contract costs for the Healthcare In- propriation for such payments for fiscal year Act’’), sections 439(i), 473B, and 477(i) of the So- tegrated General Ledger Accounting System: 2012 was less than $1,975,000,000: Provided fur- cial Security Act, and the Assets for Independ- Provided further, That the Secretary is directed ther, That notwithstanding section 2609A(a), of ence Act; and for necessary administrative ex- to collect fees in fiscal year 2012 from Medicare the amounts appropriated under section 2602(b), penses to carry out such Acts and titles I, IV, V, Advantage organizations pursuant to section not more than $3,000,000 of such amounts may X, XI, XIV, XVI, and XX of the Social Security 1857(e)(2) of the Social Security Act and from el- be reserved by the Secretary for technical assist- Act, the Act of July 5, 1960, the Low Income igible organizations with risk-sharing contracts ance, training, and monitoring of program ac- Home Energy Assistance Act of 1981, title IV of under section 1876 of that Act pursuant to sec- tivities for compliance with internal controls, the Immigration and Nationality Act, and sec- tion 1876(k)(4)(D) of that Act: Provided further, policies and procedures. tion 501 of the Refugee Education Assistance That $44,000,000 shall be available for the State REFUGEE AND ENTRANT ASSISTANCE Act of 1980, $9,926,709,000, of which $39,421,000, high-risk health insurance pool program as au- to remain available through September 30, 2013, For necessary expenses for refugee and en- thorized by the State High Risk Pool Funding shall be for grants to States for adoption incen- trant assistance activities authorized by section Extension Act of 2006. tive payments, as authorized by section 473A of 414 of the Immigration and Nationality Act and HEALTH CARE FRAUD AND ABUSE CONTROL the Social Security Act and may be made for section 501 of the Refugee Education Assistance ACCOUNT adoptions completed before September 30, 2012: Act of 1980, for carrying out section 462 of the Provided, That $7,983,633,000 shall be for mak- In addition to amounts otherwise available for Homeland Security Act of 2002, section 235 of ing payments under the Head Start Act: Pro- program integrity and program management, the William Wilberforce Trafficking Victims Pro- vided further, That for purposes of allocating $310,377,000, to remain available through Sep- tection Reauthorization Act of 2008, and the funds described by the immediately preceding tember 30, 2013, to be transferred from the Fed- Trafficking Victims Protection Act of 2000, for proviso, the term ‘‘base grant’’ as used in sub- eral Hospital Insurance Trust Fund and the costs associated with the care and placement of section (a)(7)(A) of section 640 of such Act with Federal Supplementary Medical Insurance unaccompanied alien children, and for carrying respect to funding provided to a Head Start Trust Fund, as authorized by section 201(g) of out the Torture Victims Relief Act of 1998, agency (including each Early Head Start agen- the Social Security Act, of which $219,879,000 $769,789,000, of which up to $9,794,000 shall be cy) for fiscal year 2011 shall be calculated as de- shall be for the Medicare Integrity Program at available to carry out the Trafficking Victims scribed in such subsection and to which amount the Centers for Medicare and Medicaid Services, Protection Act of 2000: Provided, That funds ap- shall be added 50 percent of the amount of including administrative costs, to conduct over- propriated under this heading pursuant to sec- funds appropriated under the heading ‘‘Depart- sight activities for Medicare Advantage under tion 414(a) of the Immigration and Nationality ment of Health and Human Services, Adminis- Part C and the Medicare Prescription Drug Pro- Act, section 462 of the Homeland Security Act of tration for Children and Families, Children and gram under Part D of the Social Security Act 2002, section 235 of the William Wilberforce Family Services Programs’’ in Public Law 111–5 and for activities described in section 1893(b) of Trafficking Victims Protection Reauthorization and provided to such agency for carrying out such Act, of which $29,730,000 shall be for the Act of 2008, and the Trafficking Victims Protec- expansion of Head Start programs, as that Department of Health and Human Services Of- tion Act of 2000 for fiscal year 2012 shall be phrase is used in subsection (a)(4)(D) of such fice of Inspector General to carry out fraud and available for the costs of assistance provided section 640, and provided to such agency as the abuse activities authorized by section 1817(k)(3) and other activities to remain available through ongoing funding level for operations in the 12- of such Act, of which $31,038,000 shall be for the September 30, 2014. Medicaid and Children’s Health Insurance Pro- month period beginning in fiscal year 2010: Pro- PAYMENTS TO STATES FOR THE CHILD CARE AND gram (‘‘CHIP’’) program integrity activities, and vided further, That $713,630,000 shall be for DEVELOPMENT BLOCK GRANT of which $29,730,000 shall be for the Department making payments under the CSBG Act: Pro- of Justice to carry out fraud and abuse activities For carrying out the Child Care and Develop- vided further, That $35,340,000 shall be for sec- authorized by section 1817(k)(3) of such Act: ment Block Grant Act of 1990, $2,282,627,000 tions 680 and 678E(b)(2) of the CSBG Act, of Provided, That the report required by section shall be used to supplement, not supplant State which not less than $30,000,000 shall be for sec- 1817(k)(5) of the Social Security Act for fiscal general revenue funds for child care assistance tion 680(a)(2) and not less than $4,990,000 shall year 2012 shall include measures of the oper- for low-income families: Provided, That be for section 680(a)(3)(B) of such Act: Provided ational efficiency and impact on fraud, waste, $19,433,000 shall be available for child care re- further, That in addition to amounts provided and abuse in the Medicare, Medicaid, and CHIP source and referral and school-aged child care herein, $5,762,000 shall be available from programs for the funds provided by this appro- activities, of which $1,000,000 shall be available amounts available under section 241 of the PHS priation. to the Secretary for a competitive grant for the Act to carry out the provisions of section 1110 of operation of a national toll free hotline and Web the Social Security Act: Provided further, That ADMINISTRATION FOR CHILDREN AND FAMILIES site to develop and disseminate child care con- to the extent Community Services Block Grant PAYMENTS TO STATES FOR CHILD SUPPORT sumer education information for parents and funds are distributed as grant funds by a State ENFORCEMENT AND FAMILY SUPPORT PROGRAMS help parents access child care in their local com- to an eligible entity as provided under the CSBG For making payments to States or other non- munity: Provided further, That, in addition to Act, and have not been expended by such entity, Federal entities under titles I, IV–D, X, XI, the amounts required to be reserved by the they shall remain with such entity for carryover XIV, and XVI of the Social Security Act and the States under section 658G, $291,248,000 shall be into the next fiscal year for expenditure by such Act of July 5, 1960, $2,305,035,000, to remain reserved by the States for activities authorized entity consistent with program purposes: Pro- available until expended; and for such purposes under section 658G, of which $106,813,000 shall vided further, That the Secretary shall establish for the first quarter of fiscal year 2013, be for activities that improve the quality of in- procedures regarding the disposition of intan- $1,100,000,000, to remain available until ex- fant and toddler care: Provided further, That gible assets and program income that permit pended. $9,890,000 shall be for use by the Secretary for such assets acquired with, and program income For making payments to each State for car- child care research, demonstration, and evalua- derived from, grant funds authorized under sec- rying out the program of Aid to Families with tion activities. tion 680 of the CSBG Act to become the sole Dependent Children under title IV–A of the So- SOCIAL SERVICES BLOCK GRANT property of such grantees after a period of not cial Security Act before the effective date of the more than 12 years after the end of the grant For making grants to States pursuant to sec- program of Temporary Assistance for Needy period for any activity consistent with section tion 2002 of the Social Security Act, Families with respect to such State, such sums 680(a)(2)(A) of the CSBG Act: Provided further, $1,700,000,000: Provided, That notwithstanding as may be necessary: Provided, That the sum of That intangible assets in the form of loans, eq- subparagraph (B) of section 404(d)(2) of such the amounts available to a State with respect to uity investments and other debt instruments, Act, the applicable percent specified under such expenditures under such title IV–A in fiscal year and program income may be used by grantees subparagraph for a State to carry out State pro- 1997 under this appropriation and under such for any eligible purpose consistent with section grams pursuant to title XX of such Act shall be title IV–A as amended by the Personal Responsi- 680(a)(2)(A) of the CSBG Act: Provided further, 10 percent. bility and Work Opportunity Reconciliation Act That these procedures shall apply to such grant of 1996 shall not exceed the limitations under CHILDREN AND FAMILIES SERVICES PROGRAMS funds made available after November 29, 1999: section 116(b) of such Act. For carrying out, except as otherwise pro- Provided further, That funds appropriated for For making, after May 31 of the current fiscal vided, the Runaway and Homeless Youth Act, section 680(a)(2) of the CSBG Act shall be avail- year, payments to States or other non-Federal the Developmental Disabilities Assistance and able for financing construction and rehabilita- entities under titles I, IV–D, X, XI, XIV, and Bill of Rights Act, the Head Start Act, the Child tion and loans or investments in private busi- XVI of the Social Security Act and the Act of Abuse Prevention and Treatment Act, sections ness enterprises owned by community develop- July 5, 1960, for the last 3 months of the current 303 and 313 of the Family Violence Prevention ment corporations: Provided further, That fiscal year for unanticipated costs, incurred for and Services Act, the Native American Programs $5,245,000 shall be for activities authorized by the current fiscal year, such sums as may be Act of 1974, title II of the Child Abuse Preven- section 291 of the Help America Vote Act of 2002: necessary. tion and Treatment and Adoption Reform Act of Provided further, That $1,996,000 shall be for a

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human services case management system for fed- evaluating such contracts and grants, of which RETIREMENT PAY AND MEDICAL BENEFITS FOR erally declared disasters, to include a com- not less than $75,000,000 shall be for replicating COMMISSIONED OFFICERS prehensive national case management contract programs that have been proven effective For retirement pay and medical benefits of and Federal costs of administering the system: through rigorous evaluation to reduce teenage Public Health Service Commissioned Officers as Provided further, That up to $2,000,000 shall be pregnancy, behavioral risk factors underlying authorized by law, for payments under the Re- for improving the Public Assistance Reporting teenage pregnancy, or other associated risk fac- tired Serviceman’s Family Protection Plan and Information System, including grants to States tors, of which not less than $25,000,000 shall be Survivor Benefit Plan, and for medical care of to support data collection for a study of the sys- available for research and demonstration grants dependents and retired personnel under the De- tem’s effectiveness. to develop, replicate, refine, and test additional pendents’ Medical Care Act, such amounts as PROMOTING SAFE AND STABLE FAMILIES models and innovative strategies for preventing may be required during the current fiscal year. teenage pregnancy, and of which any remaining For carrying out section 436 of the Social Se- PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY amounts shall be available for training and curity Act, $345,000,000 and section 437 of such FUND Act, $63,184,000. technical assistance, evaluation, outreach, and additional program support activities: Provided (INCLUDING TRANSFER OF FUNDS) PAYMENTS FOR FOSTER CARE AND PERMANENCY further, That of the amounts provided under For expenses necessary to support activities For making payments to States or other non- this heading from amounts available under sec- related to countering potential biological, nu- Federal entities under title IV–E of the Social tion 241 of the PHS Act, $8,455,000 shall be clear, radiological, chemical, and cybersecurity Security Act, $5,153,000,000. available to carry out evaluations (including threats to civilian populations, and for other For making payments to States or other non- longitudinal evaluations) of teenage pregnancy public health emergencies, $569,452,000; of which Federal entities under title IV–E of the Social prevention approaches: Provided further, That $10,000,000 shall remain available until Sep- Security Act, for the first quarter of fiscal year of the funds made available under this heading, tember 30, 2014 to support emergency operations. 2013, $2,100,000,000. $5,000,000 shall be for making competitive grants From funds transferred to this account pursu- For making, after May 31 of the current fiscal to provide abstinence education (as defined by ant to the fourth paragraph under this heading year, payments to States or other non-Federal section 510(b)(2)(A)–(H) of the Social Security in Public Law 111–117, up to $415,000,000 shall entities under section 474 of title IV–E of the So- Act) to adolescents, and for Federal costs of ad- be available for expenses necessary to support cial Security Act, for the last 3 months of the ministering the grant: Provided further, That advanced research and development pursuant to current fiscal year for unanticipated costs, in- grants made under the authority of section section 319L of the PHS Act, and other adminis- curred for the current fiscal year, such sums as 510(b)(2)(A)–(H) of the Social Security Act shall trative expenses of the Biomedical Advanced Re- may be necessary. be made only to public and private entities that search and Development Authority to support ADMINISTRATION ON AGING agree that, with respect to an adolescent to additional advanced research and development. AGING SERVICES PROGRAMS whom the entities provide abstinence education GENERAL PROVISIONS under such grant, the entities will not provide (INCLUDING TRANSFER OF FUNDS) SEC. 201. Funds appropriated in this title shall to that adolescent any other education regard- For carrying out, to the extent not otherwise be available for not to exceed $50,000 for official ing sexual conduct, except that, in the case of reception and representation expenses when provided, the Older Americans Act of 1965 an entity expressly required by law to provide (‘‘OAA’’), section 398 and title XXIX of the PHS specifically approved by the Secretary. health information or services the adolescent SEC. 202. The Secretary shall make available Act, section 119 of the Medicare Improvements shall not be precluded from seeking health in- for Patients and Providers Act of 2008, through assignment not more than 60 employees formation or services from the entity in a dif- of the Public Health Service to assist in child $1,473,703,000: Provided, That amounts appro- ferent setting than the setting in which absti- priated under this heading may be used for survival activities and to work in AIDS pro- nence education was provided: Provided fur- grams through and with funds provided by the grants to States under section 361 of the OAA ther, That funds provided in this Act for embryo only for disease prevention and health pro- Agency for International Development, the adoption activities may be used to provide to in- United Nations International Children’s Emer- motion programs and activities which have been dividuals adopting embryos, through grants and demonstrated through rigorous evaluation to be gency Fund or the World Health Organization. other mechanisms, medical and administrative SEC. 203. None of the funds appropriated in evidence-based and effective: Provided further, services deemed necessary for such adoptions: That none of the funds provided shall be used this title shall be used to pay the salary of an Provided further, That such services shall be individual, through a grant or other extramural to carry out sections 1701 and 1703 of the PHS provided consistent with 42 CFR 59.5(a)(4). Act (with respect to chronic disease self-man- mechanism, at a rate in excess of Executive OFFICE OF MEDICARE HEARINGS AND APPEALS agement activity grants), except that such funds Level II. may be used for necessary expenses associated For expenses necessary for administrative law SEC. 204. None of the funds appropriated in with administering any such grants awarded judges responsible for hearing cases under title this Act may be expended pursuant to section prior to the date of the enactment of this Act: XVIII of the Social Security Act (and related 241 of the PHS Act, except for funds specifically Provided further, That the total amount avail- provisions of title XI of such Act), $72,147,000, to provided for in this Act, or for other taps and able for fiscal year 2012 under this and any be transferred in appropriate part from the Fed- assessments made by any office located in HHS, other Act to carry out activities related to Aging eral Hospital Insurance Trust Fund and the prior to the preparation and submission of a re- and Disability Resource Centers under sub- Federal Supplementary Medical Insurance port by the Secretary to the Committees on Ap- sections (a)(20)(B)(iii) and (b)(8) of section 202 Trust Fund. propriations of the House of Representatives of the OAA shall not exceed the amount obli- OFFICE OF THE NATIONAL COORDINATOR FOR and the Senate detailing the planned uses of gated for such purposes for fiscal year 2010 from HEALTH INFORMATION TECHNOLOGY such funds. funds available under Public Law 111–117: Pro- For expenses necessary for the Office of the SEC. 205. Notwithstanding section 241(a) of vided further, That notwithstanding any other National Coordinator for Health Information the PHS Act, such portion as the Secretary shall provision of this Act, funds made available Technology, including grants, contracts, and determine, but not more than 2.5 percent, of any under this heading to carry out section 311 of cooperative agreements for the development and amounts appropriated for programs authorized the OAA may be transferred to the Secretary of advancement of interoperable health informa- under such Act shall be made available for the Agriculture in accordance with such section. tion technology, $16,446,000: Provided, That in evaluation (directly, or by grants or contracts) of the implementation and effectiveness of such OFFICE OF THE SECRETARY addition to amounts provided herein, $44,811,000 shall be available from amounts available under programs. GENERAL DEPARTMENTAL MANAGEMENT section 241 of the PHS Act. (TRANSFER OF FUNDS) For necessary expenses, not otherwise pro- OFFICE OF INSPECTOR GENERAL SEC. 206. Not to exceed 1 percent of any discre- vided, for general departmental management, tionary funds (pursuant to the Balanced Budget including hire of six passenger motor vehicles, For expenses necessary for the Office of In- and Emergency Deficit Control Act of 1985) and for carrying out titles III, XVII, and XXI of spector General, including the hire of passenger which are appropriated for the current fiscal the PHS Act, the United States-Mexico Border motor vehicles for investigations, in carrying out year for HHS in this Act may be transferred be- Health Commission Act, and research studies the provisions of the Inspector General Act of tween appropriations, but no such appropria- under section 1110 of the Social Security Act, 1978, $50,178,000: Provided, That of such tion shall be increased by more than 3 percent $475,221,000, together with $69,211,000 from the amount, necessary sums shall be available for by any such transfer: Provided, That the trans- amounts available under section 241 of the PHS providing protective services to the Secretary fer authority granted by this section shall not be Act to carry out national health or human serv- and investigating non-payment of child support used to create any new program or to fund any ices research and evaluation activities: Pro- cases for which non-payment is a Federal of- project or activity for which no funds are pro- vided, That of this amount, $53,783,000 shall be fense under 18 U.S.C. 228: Provided further, vided in this Act: Provided further, That the for minority AIDS prevention and treatment ac- That at least 40 percent of the funds provided in Committees on Appropriations of the House of tivities: Provided further, That of the funds this Act for the Office of Inspector General shall Representatives and the Senate are notified at made available under this heading, $104,790,000 be used only for investigations, audits, and least 15 days in advance of any transfer. shall be for making competitive contracts and evaluations pertaining to the discretionary pro- grants to public and private entities to fund grams funded in this Act. (TRANSFER OF FUNDS) medically accurate and age appropriate pro- OFFICE FOR CIVIL RIGHTS SEC. 207. The Director of the NIH, jointly with grams that reduce teen pregnancy and for the For expenses necessary for the Office for Civil the Director of the Office of AIDS Research, Federal costs associated with administering and Rights, $41,016,000. may transfer up to 3 percent among institutes

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and centers from the total amounts identified by or renovate facilities in those countries as nec- SEC. 219. None of the funds appropriated or these two Directors as funding for research per- essary to conduct programs of assistance for otherwise made available in this Act may be ex- taining to the human immunodeficiency virus: international health activities, including activi- pended to advance the creation of a Federally Provided, That the Committees on Appropria- ties relating to HIV/AIDS and other infectious Funded Research and Development Center at tions of the House of Representatives and the diseases, chronic and environmental diseases, the Centers for Medicare and Medicaid Services, Senate are notified at least 15 days in advance and other health activities abroad. prior to a Federal Register notice being issued of any transfer. (3) The Secretary is authorized to provide to that outlines: how this proposal would meet the personnel appointed or assigned by the Sec- (TRANSFER OF FUNDS) specific requirements identified in FAR 35.017–2; retary to serve abroad, allowances and benefits agency procedures that ensure small business SEC. 208. Of the amounts made available in similar to those provided under chapter 9 of title this Act for NIH, the amount for research re- competitiveness is maintained; and the outline I of the Foreign Service Act of 1980, and 22 of a transparent award and governance process lated to the human immunodeficiency virus, as U.S.C. 4081 through 4086 and subject to such jointly determined by the Director of NIH and to be employed. regulations prescribed by the Secretary. The SEC. 220. (a) The Secretary shall establish a the Director of the Office of AIDS Research, Secretary is further authorized to provide local- publicly accessible website to provide informa- shall be made available to the ‘‘Office of AIDS ity-based comparability payments (stated as a tion regarding the uses of funds made available Research’’ account. The Director of the Office percentage) up to the amount of the locality- under section 4002 of Public Law 111–148. of AIDS Research shall transfer from such ac- based comparability payment (stated as a per- (b) With respect to funds provided for fiscal count amounts necessary to carry out section centage) that would be payable to such per- year 2012, the Secretary shall include on the 2353(d)(3) of the PHS Act. sonnel under section 5304 of title 5, United website established under subsection (a) at a SEC. 209. None of the funds appropriated in States Code if such personnel’s official duty sta- minimum the following information: this Act may be made available to any entity tion were in the District of Columbia. Leaves of (1) In the case of each transfer of funds under under title X of the PHS Act unless the appli- absence for personnel under this subsection section 4002(c), a statement indicating the pro- cant for the award certifies to the Secretary that shall be on the same basis as that provided gram or activity receiving funds, the operating it encourages family participation in the deci- under subchapter I of chapter 63 of title 5, division or office that will administer the funds, sion of minors to seek family planning services United States Code, or section 903 of the Foreign and the planned uses of the funds, to be posted and that it provides counseling to minors on Service Act of 1980, to individuals serving in the not later than the day after the transfer is how to resist attempts to coerce minors into en- Foreign Service. made. gaging in sexual activities. SEC. 213. (a) AUTHORITY.—Notwithstanding (2) Identification (along with a link to the full SEC. 210. Notwithstanding any other provision any other provision of law, the Director of NIH text) of each funding opportunity announce- of law, no provider of services under title X of (‘‘Director’’) may use funds available under sec- ment, request for proposals, or other announce- the PHS Act shall be exempt from any State law tion 402(b)(7) or 402(b)(12) of the PHS Act to ment or solicitation of proposals for grants, co- requiring notification or the reporting of child enter into transactions (other than contracts, operative agreements, or contracts intended to abuse, child molestation, sexual abuse, rape, or cooperative agreements, or grants) to carry out be awarded using such funds, to be posted not incest. research identified pursuant to such section later than the day after the announcement or SEC. 211. None of the funds appropriated by 402(b)(7) (pertaining to the Common Fund) or solicitation is issued. this Act (including funds appropriated to any research and activities described in such section (3) Identification of each grant, cooperative trust fund) may be used to carry out the Medi- 402(b)(12). agreement, or contract with a value of $25,000 or care Advantage program if the Secretary denies (b) PEER REVIEW.—In entering into trans- more awarded using such funds, including the participation in such program to an otherwise actions under subsection (a), the Director may purpose of the award and the identity of the re- eligible entity (including a Provider Sponsored utilize such peer review procedures (including cipient, to be posted not later than 5 days after Organization) because the entity informs the consultation with appropriate scientific experts) the award is made. Secretary that it will not provide, pay for, pro- as the Director determines to be appropriate to (4) A report detailing the uses of all funds vide coverage of, or provide referrals for abor- obtain assessments of scientific and technical transferred under section 4002(c) during the fis- tions: Provided, That the Secretary shall make merit. Such procedures shall apply to such cal year, to be posted not later than 90 days appropriate prospective adjustments to the capi- transactions in lieu of the peer review and advi- after the end of the fiscal year. tation payment to such an entity (based on an sory council review procedures that would oth- (5) Semi-annual reports from each entity actuarially sound estimate of the expected costs erwise be required under sections 301(a)(3), awarded a grant, cooperative agreement, or con- of providing the service to such entity’s enroll- 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 tract from such funds with a value of $25,000 or ees): Provided further, That nothing in this sec- of the PHS Act. more, summarizing the activities undertaken tion shall be construed to change the Medicare SEC. 214. Funds which are available for Indi- and identifying any sub-grants or sub-contracts program’s coverage for such services and a vidual Learning Accounts for employees of CDC awarded (including the purpose of the award Medicare Advantage organization described in and the Agency for Toxic Substances and Dis- and the identity of the recipient), to be posted this section shall be responsible for informing ease Registry (‘‘ATSDR’’) may be transferred to not later than 30 days after the end of each 6- enrollees where to obtain information about all appropriate accounts of CDC, to be available month period. Medicare covered services. only for Individual Learning Accounts: Pro- SEC. 221. (a) ESTABLISHMENT OF NATIONAL SEC. 212. In order for HHS to carry out inter- vided, That such funds may be used for any in- CENTER FOR ADVANCING TRANSLATIONAL national health activities, including HIV/AIDS dividual full-time equivalent employee while SCIENCES; ELIMINATION OF NATIONAL CENTER and other infectious disease, chronic and envi- such employee is employed either by CDC or FOR RESEARCH RESOURCES.— ronmental disease, and other health activities ATSDR. (1) IN GENERAL.—Subpart 1 of part E of title abroad during fiscal year 2012: SEC. 215. Notwithstanding any other provi- IV of the Public Health Service Act (42 U.S.C. (1) The Secretary may exercise authority sions of law, discretionary funds made available 287 et seq.) is amended— equivalent to that available to the Secretary of in this Act may be used to continue operating (A) in the subpart heading, by striking ‘‘Na- State in section 2(c) of the State Department the Council on Graduate Medical Education es- tional Center for Research Resources’’ and in- Basic Authorities Act of 1956. The Secretary tablished by section 301 of Public Law 102–408. serting ‘‘National Center for Advancing SEC. 216. Not to exceed $45,000,000 of funds ap- shall consult with the Secretary of State and Translational Sciences’’; relevant Chief of Mission to ensure that the au- propriated by this Act to the institutes and cen- (B) by striking sections 480 and 481; and thority provided in this section is exercised in a ters of the National Institutes of Health may be (C) by amending section 479 to read as fol- manner consistent with section 207 of the For- used for alteration, repair, or improvement of lows: facilities, as necessary for the proper and effi- eign Service Act of 1980 and other applicable ‘‘SEC. 479. NATIONAL CENTER FOR ADVANCING statutes administered by the Department of cient conduct of the activities authorized herein, TRANSLATIONAL SCIENCES. State. at not to exceed $3,500,000 per project. ‘‘(a) PURPOSE.—The purpose of the National (2) The Secretary is authorized to provide (TRANSFER OF FUNDS) Center for Advancing Translational Sciences (in such funds by advance or reimbursement to the SEC. 217. Of the amounts made available for this subpart referred to as the ‘Center’) is to ad- Secretary of State as may be necessary to pay NIH, 1 percent of the amount made available for vance translational sciences, including by— the costs of acquisition, lease, alteration, ren- National Research Service Awards (‘‘NRSA’’) ‘‘(1) coordinating and developing resources ovation, and management of facilities outside of shall be made available to the Administrator of that leverage basic research in support of the United States for the use of HHS. The De- the Health Resources and Services Administra- translational science; and partment of State shall cooperate fully with the tion to make NRSA awards for research in pri- ‘‘(2) developing partnerships and working co- Secretary to ensure that HHS has secure, safe, mary medical care to individuals affiliated with operatively to foster synergy in ways that do functional facilities that comply with applicable entities who have received grants or contracts not create duplication, redundancy, and com- regulation governing location, setback, and under section 747 of the PHS Act, and 1 percent petition with industry activities. other facilities requirements and serve the pur- of the amount made available for NRSA shall be ‘‘(b) CLINICAL TRIAL ACTIVITIES.— poses established by this Act. The Secretary is made available to the Director of the Agency for ‘‘(1) IN GENERAL.—The Center may develop authorized, in consultation with the Secretary Healthcare Research and Quality to make NRSA and provide infrastructure and resources for all of State, through grant or cooperative agree- awards for health service research. phases of clinical trials research. Except as pro- ment, to make available to public or nonprofit SEC. 218. None of the funds made available in vided in paragraph (2), the Center may support private institutions or agencies in participating this title may be used, in whole or in part, to ad- clinical trials only through the end of phase foreign countries, funds to acquire, lease, alter, vocate or promote gun control. IIA.

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‘‘(2) EXCEPTION.—The Center may support (vii) in subsection (g), by striking ‘‘after con- (B) in subsection (b), is amended in the matter clinical trial activities through the end of phase sultation with the Advisory Council’’ and in- that precedes paragraph (1) by striking ‘‘within IIB for a treatment for a rare disease or condi- serting ‘‘after consultation with the Council’’. the Office of the Director of NIH’’ and inserting tion (as defined in section 526 of the Federal (2) CONSTRUCTION OF REGIONAL CENTERS FOR ‘‘within the Center’’; Food, Drug, and Cosmetic Act) so long as— RESEARCH ON PRIMATES.—Section 481B of the (C) by striking ‘‘Director of NIH’’ each place ‘‘(A) the Center gives public notice for a pe- Public Health Service Act (42 U.S.C. 287a–3)— it appears and inserting ‘‘Director of the Cen- riod of at least 120 days of the Center’s inten- (A) is redesignated as section 404J and is ter’’; and tion to support the clinical trial activities in moved to follow section 404I, as redesignated by (D) in the headings of subsections (d)(4) and phase IIB; paragraph (1); and (d)(4)(B), by striking ‘‘DIRECTOR OF NIH’’ each ‘‘(B) no public or private organization pro- (B) in subsection (a), is amended— place it appears and inserting ‘‘DIRECTOR OF vides credible written intent to the Center that (i) by striking ‘‘by the National Center for Re- THE CENTER’’. the organization has timely plans to further the search Resources’’ and inserting ‘‘by the Direc- (2) OFFICE OF RARE DISEASES.—Title IV of the clinical trial activities or conduct clinical trials tor of NIH, acting through the Office of the Di- Public Health Service Act (42 U.S.C. 281 et seq.) of a similar nature beyond phase IIA; and rector of NIH,’’; and is amended— ‘‘(C) the Center ensures that support of the (ii) by striking ‘‘481A’’ and inserting ‘‘404I’’. (A) in section 404F— clinical trial activities in phase IIB will not in- (3) SANCTUARY SYSTEM FOR SURPLUS CHIM- (i) by redesignating such section as section 481 crease the Federal Government’s liability be- PANZEES.—Section 481C of the Public Health and moving such section to follow section 480, yond the award value of the Center’s support. Service Act (42 U.S.C. 287a–3a)— as redesignated by paragraph (1); ‘‘(c) ANNUAL REPORT.—The Center shall pub- (A) is redesignated as section 404K and is (ii) in subsection (a)— lish an annual report that, with respect to all moved to follow section 404J, as redesignated by (I) by striking ‘‘within the Office of the Direc- research supported by the Center, includes a paragraph (2); and tor of NIH’’ and inserting ‘‘within the Center’’; complete list of— (B) in subsection (d)(4)(A)(ii), is amended by and ‘‘(1) the molecules being studied; striking ‘‘that is carried out by the National (II) by striking ‘‘Director of NIH’’ and insert- ‘‘(2) clinical trial activities being conducted; Center for Research Resources’’ and inserting ing ‘‘Director of the Center’’; and ‘‘(3) the methods and tools in development; ‘‘that is carried out by the Director of NIH, act- (iii) in subsection (b)(1)(C), by striking ‘‘404G’’ ‘‘(4) ongoing partnerships, including— ing through the Office of the Director of NIH,’’. and inserting ‘‘481A’’; and ‘‘(A) the rationale for each partnership; (4) SHARED INSTRUMENTATION GRANT PRO- (B) in section 401(c)(2)(A), by striking ‘‘the ‘‘(B) the status of each partnership; GRAM.—Section 305 of the Public Health Im- Office of Rare Diseases,’’. ‘‘(C) the funding provided by the Center to provement Act (42 U.S.C. 287 note)— (3) RARE DISEASE REGIONAL CENTERS OF EX- other entities pursuant to each partnership, and (A) is redesignated as section 404L of the Pub- CELLENCE.—Section 404G of the Public Health ‘‘(D) the activities which have been trans- lic Health Service Act and is moved to follow Service Act (42 U.S.C. 283i) is redesignated as ferred to industry pursuant to each partnership; section 404K of that Act, as redesignated by section 481A and is moved to follow section 481, and paragraph (3); and as redesignated by paragraph (2). ‘‘(5) known research activity of other entities (B) is amended— (4) GENERAL CLINICAL RESEARCH CENTERS.— that is or will expand upon research activity of (i) by striking subsection (a) and redesig- Section 481D of the Public Health Service Act the Center.’’. nating subsections (b) and (c) as subsections (a) (42 U.S.C. 287a–4)— (A) is redesignated as section 481B; and (2) LIST OF INSTITUTES AND CENTERS.—Section and (b), respectively; (B) in subsection (a), is amended by striking 401(b)(21) of the Public Health Service Act (42 (ii) in subsection (a), as so redesignated, by ‘‘Director of the National Center for Research U.S.C. 281(b)(21)) is amended by striking ‘‘Na- striking ‘‘under the program described in sub- Resources’’ and inserting ‘‘Director of the Cen- tional Center for Research Resources’’ and in- section (a)’’ and inserting ‘‘under the Shared ter’’. serting ‘‘National Center for Advancing Instrumentation Grant Program’’; (iii) by striking ‘‘Director of the National Cen- (d) CONFORMING AMENDMENTS.—Title IV of Translational Sciences’’. ter for Research Resources’’ each place it ap- the Public Health Service Act (42 U.S.C. 281 et (b) ASSIGNMENT OF CERTAIN FUNCTIONS OF pears and inserting ‘‘Director of NIH, acting seq.) is amended— FORMER NATIONAL CENTER FOR RESEARCH RE- through the Office of the Director of NIH,’’; and (1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), SOURCES.— (iv) in subsection (b), as so redesignated— by striking ‘‘402C’’ and inserting ‘‘480’’; (1) BIOMEDICAL AND BEHAVIORAL RESEARCH (I) by striking ‘‘in subsection (a)’’ and insert- (2) in section 404C(e)(3)(A) (42 U.S.C. FACILITIES.—Section 481A of the Public Health ing ‘‘in subsection (a), the’’; and 283e(e)(3)(A)), by striking ‘‘and the Director of Service Act (42 U.S.C. 287a–2)— (II) by striking ‘‘of the Public Health Service the Center for Research Resources’’; (A) is redesignated as section 404I and is Act (42 U.S.C. 289a)’’. (3) in section 464z–3(i)(1) (42 U.S.C. moved to follow section 404H of such Act (42 (5) INSTITUTIONAL DEVELOPMENT AWARD PRO- 285t(i)(1))— U.S.C. 283j); and GRAM.—Title IV of the Public Health Service Act (A) by striking ‘‘Director of National Institute (B) is amended— (42 U.S.C. 281 et seq.) is amended— for Research Resources’’ and inserting ‘‘Director (i) in subsection (a)(1), by striking ‘‘acting (A) in section 461, by striking the section of NIH’’; through the Director of the Center or the Direc- heading and designation and all that follows (B) by striking ‘‘481(c)(3)’’ and inserting tor of the National Institute of Allergy and In- through ‘‘The general purpose’’ and inserting ‘‘404I(c)(2)’’; and fectious Diseases’’ and inserting ‘‘acting the following: (C) by inserting ‘‘under such section’’ after through the Office of the Director of NIH or the ‘‘SEC. 461. NATIONAL INSTITUTE OF GENERAL ‘‘Institutions of Emerging Excellence’’; Director of the National Institute of Allergy and MEDICAL SCIENCES. (4) in section 499(c)(1)(E) (42 U.S.C. Infectious Diseases’’; ‘‘(a) GENERAL PURPOSE.—The general pur- 290b(c)(1)(E)), by striking ‘‘section 402C’’ and (ii) in subsections (c), (d), (e), and (f)(2), by pose’’; inserting ‘‘section 480’’. striking ‘‘Director of the Center or the Director (B) by moving subsection (g) of section 402 to Sec. 222. The discretionary appropriation for of the National Institute of Allergy and Infec- the end of section 461, as amended, and redesig- CDC is hereby reduced by $20,000,000: Provided, tious Diseases’’ each place it appears and insert- nating that subsection as subsection (b); and That the reduction should be taken from con- ing ‘‘Director of NIH, acting through the Office (C) in section 461(b), as so redesignated— tracting and administrative costs in each of the of the Director of NIH or the National Institute (i) by striking ‘‘(b)(1)(A) In the case of’’ and CDC accounts. of Allergy and Infectious Diseases,’’; inserting the following: This title may be cited as the ‘‘Department of (iii) in subsection (b)(2), by striking ‘‘Director ‘‘(b) INSTITUTIONAL DEVELOPMENT AWARD Health and Human Services Appropriations Act, of the Center’’ each place it appears and insert- PROGRAM.— 2012’’. ing ‘‘Director of NIH’’; ‘‘(1)(A) In the case of’’; TITLE III (iv) in subsections (b)(3)(A), (f)(1), and (g), by (ii) by moving two ems to the right— DEPARTMENT OF EDUCATION striking the comma at the end of ‘‘Director of (I) subparagraphs (B) and (C) of paragraph EDUCATION FOR THE DISADVANTAGED the Center,’’ each place it appears; (1); (v) by striking ‘‘Director of the Center’’ each (II) clauses (i), (ii), and (iii) of such subpara- For carrying out title I of the Elementary and place it appears and inserting ‘‘Director of NIH, graph (C); and Secondary Education Act of 1965 (referred to in acting through the Office of the Director of (III) paragraph (2); and this Act as ‘‘ESEA’’) and section 418A of the NIH,’’; (iii) in paragraph (1)(A), by striking ‘‘acting Higher Education Act of 1965 (referred to in this (vi) in subsection (b)— through the Director of the National Center for Act as ‘‘HEA’’), $15,750,983,000, of which (I) in paragraph (1)(A), by striking ‘‘within Research Resources’’ and inserting ‘‘acting $4,817,117,000 shall become available on July 1, the Center’’; and through the Director of the National Institute of 2012, and shall remain available through Sep- (II) in paragraph (2)— General Medical Sciences’’. tember 30, 2013, and of which $10,841,177,000 (aa) in subparagraph (A), by striking ‘‘and (c) ASSIGNMENT OF CERTAIN OFFICES AND shall become available on October 1, 2012, and the advisory council established under section FUNCTIONS TO NATIONAL CENTER FOR ADVANC- shall remain available through September 30, 480 (in this section referred to as the ‘Advisory ING TRANSLATIONAL SCIENCES.— 2013, for academic year 2012–2013: Provided, Council’)’’ and inserting ‘‘and the Council of (1) CURES ACCELERATION NETWORK.—Section That $6,584,750,000 shall be for basic grants Councils established under section 402(l) (in this 402C of the Public Health Service Act (42 U.S.C. under section 1124 of the ESEA: Provided fur- section referred to as the ‘Council’)’’; and 282d)— ther, That up to $3,992,000 of these funds shall (bb) in subparagraphs (B), (C), and (D), by (A) is redesignated as section 480 and is moved be available to the Secretary of Education (re- striking ‘‘Advisory’’ each place it appears; and to follow section 479; ferred to in this title as ‘‘Secretary’’) on October

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1, 2011, to obtain annually updated local edu- IMPACT AID INNOVATION AND IMPROVEMENT cational agency-level census poverty data from For carrying out programs of financial assist- the Bureau of the Census: Provided further, For carrying out activities authorized by part ance to federally affected schools authorized by G of title I, subpart 5 of part A and parts C and That $1,362,301,000 shall be for concentration title VIII of the ESEA, $1,293,631,000, of which D of title II, parts B, C, and D of title V of the grants under section 1124A of the ESEA: Pro- $1,155,724,000 shall be for basic support pay- ESEA, and sections 14006 and 14007 of division vided further, That $3,288,183,000 shall be for ments under section 8003(b), $48,505,000 shall be A of the American Recovery and Reinvestment targeted grants under section 1125 of the ESEA: for payments for children with disabilities under Act of 2009, as amended, $1,530,429,000: Pro- Provided further, That $3,288,183,000 shall be for section 8003(d), $17,474,000 shall be for construc- vided, That the Secretary may use up to education finance incentive grants under sec- tion under section 8007(b) and shall remain tion 1125A of the ESEA: Provided further, That available through September 30, 2013, $67,074,000 $550,000,000, which shall remain available for $3,200,000 shall be to carry out sections 1501 and shall be for Federal property payments under obligation through December 31, 2012, for sec- 1503 of the ESEA: Provided further, That section 8002, and $4,854,000, to remain available tion 14006 of division A of Public Law 111–5, as $534,562,000 shall be available for school im- until expended, shall be for facilities mainte- amended, to make awards (including on the provement grants under section 1003(g) of the nance under section 8008: Provided, That for basis of previously submitted applications) to ESEA, which shall be allocated by the Secretary purposes of computing the amount of a payment States or to local educational agencies, or both, through the formula described in section for an eligible local educational agency under in accordance with the applicable requirements 1003(g)(2) and shall be used consistent with the section 8003(a) for school year 2011–2012, chil- of that section, as determined by the Secretary, requirements of section 1003(g), except that State dren enrolled in a school of such agency that and may use up to 5 percent of such funds for and local educational agencies may use such would otherwise be eligible for payment under technical assistance and evaluation of the ac- funds to serve any school eligible to receive as- section 8003(a)(1)(B) of such Act, but due to the tivities carried out under that section: Provided sistance under part A of title I that has not deployment of both parents or legal guardians, further, That up to $149,700,000 shall be avail- made adequate yearly progress for at least 2 or a parent or legal guardian having sole cus- able for obligation through December 31, 2012 years or is in the State’s lowest quintile of per- tody of such children, or due to the death of a for section 14007 of division A of Public Law formance based on proficiency rates and, in the military parent or legal guardian while on ac- 111–5, and up to 5 percent of such funds may be case of secondary schools, priority shall be given tive duty (so long as such children reside on used for technical assistance and the evaluation to those schools with graduation rates below 60 Federal property as described in section of activities carried out under such section: Pro- percent: Provided further, That notwith- 8003(a)(1)(B)), are no longer eligible under such vided further, That $300,000,000 of the funds for standing section 1003(g)(5)(A), each State edu- section, shall be considered as eligible students subpart 1 of part D of title V of the ESEA shall cational agency may establish a maximum under such section, provided such students re- be for competitive grants to local educational subgrant size of not more than $2,000,000 for main in average daily attendance at a school in agencies, including charter schools that are each participating school applicable to such the same local educational agency they at- local educational agencies, or States, or partner- funds: Provided further, That the Secretary may tended prior to their change in eligibility status. ships of: (1) a local educational agency, a State, reserve up to 5 percent of the funds available for SCHOOL IMPROVEMENT PROGRAMS or both; and (2) at least one nonprofit organiza- section 1003(g) of the ESEA to carry out activi- For carrying out school improvement activities tion to develop and implement performance- ties to build State and local educational agency authorized by parts A and B of title II, part B based compensation systems for teachers, prin- capacity to implement effectively the school im- of title IV, parts A and B of title VI, and parts cipals, and other personnel in high-need provement grants program: Provided further, B and C of title VII of the ESEA; the McKin- schools: Provided further, That such perform- That $160,000,000 shall be available under sec- ney-Vento Homeless Assistance Act; section 203 ance-based compensation systems must consider tion 1502 of the ESEA for a comprehensive lit- of the Educational Technical Assistance Act of gains in student academic achievement as well eracy development and education program to 2002; the Compact of Free Association Amend- as classroom evaluations conducted multiple advance literacy skills, including pre-literacy ments Act of 2003; and the Civil Rights Act of times during each school year among other fac- skills, reading, and writing, for students from 1964, $4,550,018,000, of which $2,725,246,000 shall tors and provide educators with incentives to birth through grade 12, including limited- become available on July 1, 2012, and remain take on additional responsibilities and leader- English-proficient students and students with available through September 30, 2013, and of ship roles: Provided further, That recipients of disabilities, of which one-half of 1 percent shall which $1,681,441,000 shall become available on such grants shall demonstrate that such per- be reserved for the Secretary of the Interior for October 1, 2012, and shall remain available formance-based compensation systems are devel- such a program at schools funded by the Bu- through September 30, 2013, for academic year oped with the input of teachers and school lead- reau of Indian Education, one-half of 1 percent 2012–2013: Provided, That funds made available ers in the schools and local educational agencies shall be reserved for grants to the outlying areas to carry out part B of title VII of the ESEA may to be served by the grant: Provided further, for such a program, up to 5 percent may be re- be used for construction, renovation, and mod- That recipients of such grants may use such served for national activities, and the remainder ernization of any elementary school, secondary funds to develop or improve systems and tools shall be used to award competitive grants to school, or structure related to an elementary State educational agencies for such a program, (which may be developed and used for the entire school or secondary school, run by the Depart- of which a State educational agency may re- local educational agency or only for schools ment of Education of the State of Hawaii, that serve up to 5 percent for State leadership activi- served under the grant) that would enhance the serves a predominantly Native Hawaiian stu- ties, including technical assistance and train- quality and success of the compensation system, dent body: Provided further, That funds made ing, data collection, reporting, and administra- such as high-quality teacher evaluations and available to carry out part C of title VII of the tion, and shall subgrant not less than 95 percent tools to measure growth in student achievement: ESEA shall be awarded on a competitive basis, to local educational agencies or, in the case of Provided further, That applications for such and also may be used for construction: Provided early literacy, to local educational agencies or grants shall include a plan to sustain finan- further, That $51,210,000 shall be available to other nonprofit providers of early childhood cially the activities conducted and systems de- carry out section 203 of the Educational Tech- education that partner with a public or private veloped under the grant once the grant period nical Assistance Act of 2002: Provided further, nonprofit organization or agency with a dem- has expired: Provided further, That up to 5 per- That $17,652,000 shall be available to carry out onstrated record of effectiveness in improving cent of such funds for competitive grants shall the Supplemental Education Grants program for the early literacy development of children from be available for technical assistance, training, the Federated States of Micronesia and the Re- birth through kindergarten entry and in pro- peer review of applications, program outreach, public of the Marshall Islands: Provided fur- viding professional development in early lit- and evaluation activities: Provided further, ther, That up to 5 percent of these amounts may eracy, giving priority to such agencies or other That of the funds available for part B of title V be reserved by the Federated States of Micro- entities serving greater numbers or percentages of the ESEA, the Secretary shall use not less nesia and the Republic of the Marshall Islands of disadvantaged children: Provided further, than $23,000,000 to carry out activities under to administer the Supplemental Education That the State educational agency shall ensure section 5205(b) and under subpart 2: Provided Grants programs and to obtain technical assist- that at least 15 percent of the subgranted funds further, That of the funds available for subpart ance, oversight and consultancy services in the are used to serve children from birth through 1 of part B of title V of the ESEA, and notwith- administration of these grants and to reimburse age 5, 40 percent are used to serve students in standing section 5205(a), the Secretary may re- the United States Departments of Labor, Health kindergarten through grade 5, and 40 percent serve up to $55,000,000 to make multiple awards and Human Services, and Education for such are used to serve students in middle and high to non-profit charter management organizations services: Provided further, That up to 1.5 per- school including an equitable distribution of and other entities that are not for-profit entities cent of the funds for subpart 1 of part A of title funds between middle and high schools: Pro- for the replication and expansion of successful II of the ESEA shall be reserved by the Sec- vided further, That eligible entities receiving charter school models and shall reserve up to retary for competitive awards for teacher or subgrants from State educational agencies shall $11,000,000 to carry out the activities described principal training or professional enhancement use such funds for services and activities that in section 5205(a), including improving quality activities to national not-for-profit organiza- have the characteristics of effective literacy in- and oversight of charter schools and providing tions. struction through professional development, technical assistance and grants to authorized screening and assessment, targeted interventions INDIAN EDUCATION public chartering agencies in order to increase for students reading below grade level and other For expenses necessary to carry out, to the ex- the number of high-performing charter schools: research-based methods of improving classroom tent not otherwise provided, title VII, part A of Provided further, That each application sub- instruction and practice. the ESEA, $131,027,000. mitted pursuant to section 5203(a) shall describe

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00118 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.040 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9087 a plan to monitor and hold accountable author- funds to other public and private, non-profit en- and civics education services to immigrants and ized public chartering agencies through such ac- tities. other limited-English-proficient populations: tivities as providing technical assistance or es- REHABILITATION SERVICES AND DISABILITY Provided further, That of the amount reserved tablishing a professional development program, RESEARCH for integrated English literacy and civics edu- cation, notwithstanding section 211 of the which may include evaluation, planning, train- For carrying out, to the extent not otherwise AEFLA, 65 percent shall be allocated to States ing, and systems development for staff of au- provided, the Rehabilitation Act of 1973, the As- based on a State’s absolute need as determined thorized public chartering agencies to improve sistive Technology Act of 1998, and the Helen by calculating each State’s share of a 10-year the capacity of such agencies in the State to au- Keller National Center Act, $3,512,019,000: Pro- average of the United States Citizenship and thorize, monitor, and hold accountable charter vided, That the Secretary may use amounts pro- Immigration Services data for immigrants admit- schools: Provided further, That each application vided in this Act that remain available subse- ted for legal permanent residence for the 10 most submitted pursuant to section 5203(a) shall con- quent to the reallotment of funds to States pur- recent years, and 35 percent allocated to States tain assurances that State law, regulations, or suant to section 110(b) of the Rehabilitation Act that experienced growth as measured by the av- other policies require that: (1) each authorized for activities aimed at improving the outcomes of erage of the 3 most recent years for which charter school in the State operate under a le- children receiving Supplemental Security In- gally binding charter or performance contract United States Citizenship and Immigration Serv- come (SSI) and their families, including com- ices data for immigrants admitted for legal per- between itself and the school’s authorized public petitive grants to States to improve the provision chartering agency that describes the obligations manent residence are available, except that no and coordination of services for SSI child recipi- State shall be allocated an amount less than and responsibilities of the school and the public ents in order to achieve improved health status, chartering agency; conduct annual, timely, and $60,000: Provided further, That of the amounts education and post-school outcomes, including made available for AEFLA, $11,323,000 shall be independent audits of the school’s financial completion of postsecondary education and em- statements that are filed with the school’s au- for national leadership activities under section ployment, and to improve services and supports 243. thorized public chartering agency; and dem- to the family or households of the SSI child re- STUDENT FINANCIAL ASSISTANCE onstrate improved student academic achieve- cipient, such as education and job training for ment; and (2) authorized public chartering the parents: Provided further, That States may For carrying out subparts 1 and 3 of part A, agencies use increases in student academic award subgrants for a portion of the funds to and part C of title IV of the HEA, achievement for all groups of students described other public and private, non-profit entities: $24,538,521,000, which shall remain available in section 1111(b)(2)(C)(v) of the ESEA as the Provided further, That any funds made avail- through September 30, 2013. The maximum Pell Grant for which a student most important factor when determining to able subsequent to reallotment for activities shall be eligible during award year 2012–2013 renew or revoke a school’s charter. aimed at improving the outcomes of children re- shall be $4,860. SAFE SCHOOLS AND CITIZENSHIP EDUCATION ceiving SSI and their families shall remain For carrying out activities authorized by part available until September 30, 2013: Provided fur- STUDENT AID ADMINISTRATION A of title IV and subparts 1, 2, and 10 of part ther, That $2,000,000 shall be for competitive For Federal administrative expenses to carry D of title V of the ESEA, $256,237,000: Provided, grants to support alternative financing pro- out part D of title I, and subparts 1, 3, 4, 9, and That $65,000,000 shall be available for subpart 2 grams that provide for the purchase of assistive 10 of part A, and parts B, C, D, and E of title of part A of title IV: Provided further, That technology devices, such as a low-interest loan IV of the HEA, $1,045,363,000, to remain avail- $60,000,000 shall be available for Promise Neigh- fund; an interest buy-down program; a revolv- able until September 30, 2013. borhoods and shall be available through Decem- ing loan fund; a loan guarantee; or insurance HIGHER EDUCATION ber 31, 2012. program: Provided further, That applicants For carrying out, to the extent not otherwise ENGLISH LANGUAGE ACQUISITION shall provide an assurance that, and informa- provided, titles II, III, IV, V, VI, VII, and VIII For carrying out part A of title III of the tion describing the manner in which, the alter- of the HEA, the Mutual Educational and Cul- ESEA, $733,530,000, which shall become avail- native financing program will expand and em- tural Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and Technical Edu- able on July 1, 2012, and shall remain available phasize consumer choice and control: Provided cation Act of 2006, $1,873,196,000: Provided, That through September 30, 2013, except that 6.5 per- further, That State agencies and community- $608,000 shall be for data collection and evalua- cent of such amount shall be available on Octo- based disability organizations that are directed tion activities for programs under the HEA, in- ber 1, 2011, and shall remain available through by and operated for individuals with disabilities cluding such activities needed to comply with September 30, 2013, to carry out activities under shall be eligible to compete. the Government Performance and Results Act of section 3111(c)(1)(C): Provided, That the Sec- SPECIAL INSTITUTIONS FOR PERSONS WITH 1993: Provided further, That notwithstanding retary shall use estimates of the American Com- DISABILITIES any other provision of law, funds made avail- munity Survey child counts for the most recent AMERICAN PRINTING HOUSE FOR THE BLIND able in this Act to carry out title VI of the HEA 3-year period available to calculate allocations For carrying out the Act of March 3, 1879, and section 102(b)(6) of the Mutual Educational under such part. $24,551,000. and Cultural Exchange Act of 1961 may be used SPECIAL EDUCATION NATIONAL TECHNICAL INSTITUTE FOR THE DEAF to support visits and study in foreign countries For carrying out the Individuals with Disabil- For the National Technical Institute for the by individuals who are participating in ad- ities Education Act (‘‘IDEA’’) and the Special Deaf under titles I and II of the Education of vanced foreign language training and inter- Olympics Sport and Empowerment Act of 2004, the Deaf Act of 1986, $65,546,000: Provided, That national studies in areas that are vital to $12,647,066,000, of which $3,115,716,000 shall be- from the total amount available, the Institute United States national security and who plan to come available on July 1, 2012, and shall remain may at its discretion use funds for the endow- apply their language skills and knowledge of available through September 30, 2013, and of ment program as authorized under section 207 of these countries in the fields of government, the which $9,283,383,000 shall become available on such Act. professions, or international development: Pro- vided further, That of the funds referred to in October 1, 2012, and shall remain available GALLAUDET UNIVERSITY through September 30, 2013, for academic year the preceding proviso up to 1 percent may be 2012–2013: Provided, That the amount for sec- For the Kendall Demonstration Elementary used for program evaluation, national outreach, tion 611(b)(2) of the IDEA shall be equal to the School, the Model Secondary School for the and information dissemination activities: Pro- lesser of the amount available for that activity Deaf, and the partial support of Gallaudet Uni- vided further, That notwithstanding any other during fiscal year 2011, increased by the amount versity under titles I and II of the Education of provision of law, a recipient of a multi-year of inflation as specified in section 619(d)(2)(B) of the Deaf Act of 1986, $125,754,000, of which award under section 316 of the HEA, as that the IDEA, or the percent change in the funds $7,990,000 shall be for construction and shall re- section was in effect prior to the date of enact- appropriated under section 611(i) of the IDEA, main available until expended: Provided, That ment of the Higher Education Opportunity Act but not less than the amount for that activity from the total amount available, the University (referred to in this Act as ‘‘HEOA’’), that would during fiscal year 2011: Provided further, That may at its discretion use funds for the endow- have otherwise received a continuation award $2,000,000, to remain available for obligation ment program as authorized under section 207 of for fiscal year 2012 under that section, shall re- through September 30, 2013, shall be for activi- such Act. ceive under section 316, as amended by the ties aimed at improving the outcomes of children CAREER, TECHNICAL, AND ADULT EDUCATION HEOA, not less than the amount that such re- receiving Supplemental Security Income (SSI) For carrying out, to the extent not otherwise cipient would have received under such a con- and their families, which may include competi- provided, the Carl D. Perkins Career and Tech- tinuation award: Provided further, That the tive grants to States to improve the provision nical Education Act of 2006 and the Adult Edu- portion of the funds received under section 316 and coordination of services for SSI child recipi- cation and Family Literacy Act (referred to in by a recipient described in the preceding proviso ents in order to achieve improved health status, this Act as the ‘‘AEFLA’’), $1,738,946,000, of that is equal to the amount of such continu- including both physical and emotional health, which $947,946,000 shall become available on ation award shall be used in accordance with and education and post-school outcomes, in- July 1, 2012, and shall remain available through the terms of such continuation award. cluding completion of postsecondary education September 30, 2013, and of which $791,000,000 HOWARD UNIVERSITY and employment, and to improve services and shall become available on October 1, 2012, and For partial support of Howard University, supports to the families or households of the SSI shall remain available through September 30, $234,507,000, of which not less than $3,600,000 child recipient, such as education and job train- 2013: Provided, That of the amount provided for shall be for a matching endowment grant pursu- ing for the parents: Provided further, That Adult Education State Grants, $74,850,000 shall ant to the Howard University Endowment Act States may award subgrants for a portion of the be made available for integrated English literacy and shall remain available until expended.

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COLLEGE HOUSING AND ACADEMIC FACILITIES portation of students to carry out a plan involv- SEC. 308. Section 14006(c)(2) of division A of LOANS PROGRAM ing the reorganization of the grade structure of the American Recovery and Reinvestment Act of For Federal administrative expenses to carry schools, the pairing of schools, or the clustering 2009 (as amended by section 1832(b) of division out activities related to existing facility loans of schools, or any combination of grade restruc- B of Public Law 112–10) is amended by inserting pursuant to section 121 of the HEA, $460,000. turing, pairing, or clustering. The prohibition before the period, ‘‘except that such a State may described in this section does not include the es- use its grant funds to make subgrants to public HISTORICALLY BLACK COLLEGE AND UNIVERSITY tablishment of magnet schools. or private agencies and organizations for activi- CAPITAL FINANCING PROGRAM ACCOUNT SEC. 303. No funds appropriated in this Act ties consistent with the purposes of the grant’’. For the cost of guaranteed loans, $20,188,000, may be used to prevent the implementation of SEC. 309. (a) FEDERAL PELL GRANT ELIGI- as authorized pursuant to part D of title III of programs of voluntary prayer and meditation in BILITY.— the HEA: Provided, That such costs, including the public schools. (1) MINIMUM LEVEL.—Section 401(b)(4) of the the cost of modifying such loans, shall be as de- (TRANSFER OF FUNDS) HEA (20 U.S.C. 1070a(b)(4)) is amended by strik- fined in section 502 of the Congressional Budget SEC. 304. Not to exceed 1 percent of any discre- ing ‘‘, except that’’ and all that follows and in- Act of 1974: Provided further, That these funds tionary funds (pursuant to the Balanced Budget serting a period. are available to subsidize total loan principal, and Emergency Deficit Control Act of 1985) (2) DURATION OF AWARD PERIOD.—Section any part of which is to be guaranteed, not to ex- which are appropriated for the Department of 401(c)(5) of the HEA (20 U.S.C. 1070a(c)(5)) is ceed $367,255,000: Provided further, That these Education in this Act may be transferred be- amended— funds may be used to support loans to public tween appropriations, but no such appropria- (A) by striking ‘‘18’’ each place it appears and and private Historically Black Colleges and tion shall be increased by more than 3 percent inserting ‘‘12’’; and Universities without regard to the limitations by any such transfer: Provided, That the trans- (B) by striking the last sentence. (b) ZERO EXPECTED FAMILY CONTRIBUTION.— within section 344(a) of the HEA. fer authority granted by this section shall not be Section 479(c) of the HEA (20 U.S.C. 1087ss(c)) is In addition, for administrative expenses to used to create any new program or to fund any amended— carry out the Historically Black College and project or activity for which no funds are pro- University Capital Financing Program entered (1) in paragraph (1)(B), by striking ‘‘$30,000’’ vided in this Act: Provided further, That the and inserting ‘‘$23,000’’; and into pursuant to part D of title III of the HEA, Committees on Appropriations of the House of $353,000. (2) in paragraph (2)(B), by striking ‘‘$30,000’’ Representatives and the Senate are notified at and inserting ‘‘$23,000’’. INSTITUTE OF EDUCATION SCIENCES least 15 days in advance of any transfer. (c) STUDENTS WHO ARE NOT HIGH SCHOOL EC For carrying out activities authorized by the S . 305. The Outlying Areas may consolidate GRADUATES.— Education Sciences Reform Act of 2002, the Na- funds received under this Act, pursuant to 48 (1) AMENDMENT.—Section 484(d) of the HEA tional Assessment of Educational Progress Au- U.S.C. 1469a, under part A of title V of the (20 U.S.C. 1091(d)) is amended— thorization Act, section 208 of the Educational ESEA. (A) in the matter preceding paragraph (1), by Technical Assistance Act of 2002, and section SEC. 306. Section 105(f)(1)(B)(ix) of the Com- striking ‘‘meet one of the following standards:’’; 664 of the Individuals with Disabilities Edu- pact of Free Association Amendments Act of (B) by striking paragraphs (1), (2), and (4); cation Act, $594,788,000, which shall remain 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be ap- and available through September 30, 2013: Provided, plied by substituting ‘‘2012’’ for ‘‘2009’’. (C) in paragraph (3), by striking ‘‘(3) The stu- That funds available to carry out section 208 of SEC. 307. (a) Notwithstanding any other provi- dent has’’ and inserting ‘‘have’’; and the Educational Technical Assistance Act may sion of law, the Secretary is authorized to mod- (2) TRANSITION.—The amendment made by be used to link Statewide elementary and sec- ify the terms and conditions of gulf hurricane paragraph (1) shall apply to students who first ondary data systems with early childhood, post- disaster loans to affected institutions pursuant enroll in a program of study on or after July 1, secondary, and workforce data systems, or to to section 2601 of Public Law 109–234 using the 2012. further develop such systems: Provided further, authority provided herein, on such terms as the (3) CONFORMING CHANGE.—Section 101(a)(1) of That up to $11,000,000 of the funds available to Secretary, the Secretary of the Treasury, and the HEA (20 U.S.C. 1001(a)(1) is amended by carry out section 208 of the Educational Tech- the Director of the Office of Management and striking ‘‘section 484(d)(3)’’ and inserting ‘‘sec- nical Assistance Act may be used for awards to Budget jointly determine are in the best inter- tion 484(d)’’. public or private organizations or agencies to ests of both the United States and the bor- (d) TEMPORARY ELIMINATION OF INTEREST support activities to improve data coordination, rowers, and necessary to mitigate the economic SUBSIDY DURING STUDENT LOAN GRACE PE- quality, and use at the local, State, and na- effects of Hurricanes Katrina and Rita. Any RIOD.— tional levels. modification under this section shall not result (1) Section 428(a)(3)(A)(i)(I) of the HEA (20 in any net cost to the Federal Government, as U.S.C. 1078(a)(3)(A)(i)(I)) is amended to read as DEPARTMENTAL MANAGEMENT jointly determined by the Secretary, the Sec- follows: PROGRAM ADMINISTRATION retary of the Treasury, and the Director of the ‘‘(I) which accrues prior to the date the stu- For carrying out, to the extent not otherwise Office of Management and Budget, beginning dent ceases to carry at least one-half the normal provided, the Department of Education Organi- on the date on which the Secretary modifies a full-time academic workload (as determined by zation Act, including rental of conference rooms loan under this section. the institution), or’’. in the District of Columbia and hire of three (b) FEDERAL REGISTER NOTICE.—The Sec- (2) The amendment made by paragraph (1) passenger motor vehicles, $447,104,000. retary, the Secretary of the Treasury, and the shall apply to new Federal Direct Stafford Director of the Office of Management and Loans made on or after July 1, 2012 and before OFFICE FOR CIVIL RIGHTS Budget, shall jointly publish a notice in the July 1, 2014. For expenses necessary for the Office for Civil Federal Register prior to any modification of (e) REVISED SPECIAL ALLOWANCE CALCULA- Rights, as authorized by section 203 of the De- loans under paragraph (a) that— TION.— partment of Education Organization Act, (1) establishes the terms and conditions gov- (1) REVISED CALCULATION RULE.—Section $102,818,000. erning the modifications authorized by para- 438(b)(2)(I) of the HEA (20 U.S.C. 1087– OFFICE OF THE INSPECTOR GENERAL graph (a); 1(b)(2)(I)) is amended by adding at the end the For expenses necessary for the Office of the (2) includes an outline of the methodology following: Inspector General, as authorized by section 212 and factors that the Secretary, the Secretary of ‘‘(vii) REVISED CALCULATION RULE TO REFLECT of the Department of Education Organization the Treasury, and the Director of the Office of FINANCIAL MARKET CONDITIONS.— ‘‘(I) CALCULATION BASED ON LIBOR.—For the Act, $59,933,000. Management and Budget, will jointly consider in evaluating the modification of the loans made calendar quarter beginning on April 1, 2012 and GENERAL PROVISIONS under this title; and each subsequent calendar quarter, in computing SEC. 301. No funds appropriated in this Act (3) describes how the use of such methodology the special allowance paid pursuant to this sub- may be used for the transportation of students and consideration of such factors used to deter- section with respect to loans described in sub- or teachers (or for the purchase of equipment for mine the modifications will ensure that loan clause (II), clause (i)(I) of this subparagraph such transportation) in order to overcome racial modifications do not result in any net cost to shall be applied by substituting ‘of the 1-month imbalance in any school or school system, or for the Federal Government. London Inter Bank Offered Rate (LIBOR) for the transportation of students or teachers (or (c) FEES.—An affected institution that re- United States dollars in effect for each of the for the purchase of equipment for such trans- ceives a modification to its disaster loan pursu- days in such quarter as compiled and released portation) in order to carry out a plan of racial ant to section 2601 of Public Law 109–234 shall by the British Bankers Association’ for ‘of the desegregation of any school or school system. pay a fee to the Secretary which shall be cred- quotes of the 3-month commercial paper (finan- SEC. 302. None of the funds contained in this ited to the HBCU Hurricane Supplemental Loan cial) rates in effect for each of the days in such Act shall be used to require, directly or indi- Program. Such fees shall remain available with- quarter as reported by the Federal Reserve in rectly, the transportation of any student to a out fiscal year limitation to pay the modifica- Publication H–15 (or its successor) for such 3- school other than the school which is nearest tion costs. The amount of the fee paid shall be month period’. the student’s home, except for a student requir- equal to the modification cost as jointly deter- ‘‘(II) LOANS ELIGIBLE FOR LIBOR-BASED CAL- ing special education, to the school offering mined by the Secretary, the Secretary of the CULATION.—The special allowance paid pursu- such special education, in order to comply with Treasury, and the Director of the Office of ant to this subsection shall be calculated as de- title VI of the Civil Rights Act of 1964. For the Management and Budget, calculated in accord- scribed in subclause (I) with respect to special purpose of this section an indirect requirement ance with section 502 of the Federal Credit Re- allowance payments for the 3-month period end- of transportation of students includes the trans- form Act of 1990, as amended, of such loan. ing June 30, 2012, and each succeeding 3-month

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period, on loans for which the first disbursement (h) INAPPLICABILITY OF NEGOTIATED RULE- ized under 5 U.S.C. 3109, and not to exceed is made on or after January 1, 2000, and before MAKING AND MASTER CALENDAR EXCEPTION.— $2,500 for official reception and representation July 1, 2010, if, not later than April 1, 2012, the Sections 482(c) and 492 of the HEA (20 U.S.C. expenses, $83,000,000. holder of the loan (or, if the holder acts as eligi- 1089(c), 1098a) shall not apply to the amend- OFFICE OF INSPECTOR GENERAL ble lender trustee for the beneficial owner of the ments made by this section, or to any regula- For necessary expenses of the Office of In- loan, the beneficial owner of the loan), affirma- tions promulgated under those amendments. spector General in carrying out the Inspector tively and permanently waives all contractual, This title may be cited as the ‘‘Department of General Act of 1978, $4,000,000. statutory, or other legal rights to a special al- Education Appropriations Act, 2012’’. ADMINISTRATIVE PROVISIONS lowance paid pursuant to this subsection that is TITLE IV calculated using the formula in effect at the SEC. 401. CNCS shall make any significant RELATED AGENCIES time the loans were first disbursed. changes to program requirements, service deliv- ‘‘(III) TERMS OF WAIVER.— COMMITTEE FOR PURCHASE FROM PEOPLE WHO ery or policy only through public notice and ‘‘(aa) IN GENERAL.—A waiver pursuant to sub- ARE BLIND OR SEVERELY DISABLED comment rulemaking. For fiscal year 2012, dur- clause (II) shall be in a form (printed or elec- SALARIES AND EXPENSES ing any grant selection process, an officer or tronic) prescribed by the Secretary, and shall be employee of CNCS shall not knowingly disclose For expenses necessary for the Committee for any covered grant selection information regard- applicable to— Purchase From People Who Are Blind or Se- ‘‘(AA) all loans described in such subclause ing such selection, directly or indirectly, to any verely Disabled established by Public Law 92–28, that the lender holds solely in its own right person other than an officer or employee of $5,385,000. under any lender identification number associ- CNCS that is authorized by CNCS to receive ated with the holder (pursuant to section 487B); CORPORATION FOR NATIONAL AND COMMUNITY such information. ‘‘(BB) all loans described in such subclause SERVICE SEC. 402. AmeriCorps programs receiving for which the beneficial owner has the author- OPERATING EXPENSES grants under the National Service Trust pro- ity to make an election of a waiver under such For necessary expenses for the Corporation gram shall meet an overall minimum share re- subclause, regardless of the lender identification for National and Community Service (referred to quirement of 24 percent for the first 3 years that number associated with the loan or the lender in this title as ‘‘CNCS’’) to carry out the Domes- they receive AmeriCorps funding, and thereafter that holds the loan as eligible lender trustee on tic Volunteer Service Act of 1973 (referred to in shall meet the overall minimum share require- behalf of such beneficial owner; and this title as ‘‘1973 Act’’) and the National and ment as provided in section 2521.60 of title 45, ‘‘(CC) all future calculations of the special al- Community Service Act of 1990 (referred to in Code of Federal Regulations, without regard to lowance on loans that, on the date of such this title as ‘‘1990 Act’’), $751,672,000, notwith- the operating costs match requirement in section waiver, are loans described in subitem (AA) or standing sections 198B(b)(3), 198S(g), 121(e) or the member support Federal share limi- (BB), or that, after such date, become loans de- 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: tations in section 140 of the 1990 Act, and sub- scribed in subitem (AA) or (BB). Provided, That of the amounts provided under ject to partial waiver consistent with section ‘‘(bb) EXCEPTIONS.—Any waiver pursuant to this heading: (1) up to 1 percent of program 2521.70 of title 45, Code of Federal Regulations. subclause (II) that is elected for loans described SEC. 403. Donations made to CNCS under sec- grant funds may be used to defray the costs of in subitem (AA) or (BB) of item (aa) shall not tion 196 of the 1990 Act for the purposes of fi- conducting grant application reviews, including apply to any loan described in such subitem for nancing programs and operations under titles I the use of outside peer reviewers and electronic which the lender or beneficial owner of the loan and II of the 1973 Act or subtitle B, C, D, or E management of the grants cycle; (2) $44,900,000 demonstrates to the satisfaction of the Secretary of title I of the 1990 Act shall be used to supple- shall be available for expenses authorized under that— ment and not supplant current programs and section 501(a)(4)(E) of the 1990 Act; (3) $2,000,000 ‘‘(AA) in accordance with an agreement en- operations. shall be available for expenses to carry out sec- tered into before the date of enactment of this SEC. 404. In addition to the requirements in tions 112(e), 179A, and 198O and subtitle J of section by which such lender or owner is gov- section 146(a) of the 1990 Act, use of an edu- title I of the 1990 Act, notwithstanding section erned and that applies to such loans, such lend- cational award for the purpose described in sec- 501(a)(6) of the 1990 Act; (4) $13,466,000 shall be er or owner is not legally permitted to make an tion 148(a)(4) shall be limited to individuals who available to provide assistance to State commis- election of such waiver with respect to such are veterans as defined under section 101 of the sions on national and community service, under loans without the approval of one or more third Act. section 126(a) of the 1990 Act and notwith- parties with an interest in the loans, and that CORPORATION FOR PUBLIC BROADCASTING standing section 501(a)(5)(B) of the 1990 Act; (5) the lender or owner followed all available op- $31,942,000 shall be available to carry out sub- For payment to the Corporation for Public tions under such agreement to obtain such ap- title E of the 1990 Act; and (6) $3,992,000 shall be Broadcasting (referred to in this Act as ‘‘CPB’’), proval, and was unable to do so; or available for expenses authorized under section as authorized by the Communications Act of ‘‘(BB) such lender or beneficial owner pre- 1934, an amount which shall be available within sented the proposal of electing such a waiver 501(a)(4)(F) of the 1990 Act, which, notwith- standing the provisions of section 198P shall be limitations specified by that Act, for the fiscal applicable to such loans associated with an obli- year 2014, $445,000,000: Provided, That none of gation rated by a nationally recognized statis- awarded by CNCS on a competitive basis: Pro- vided further, That, with respect to amounts the funds made available to CPB by this Act tical rating organization (as defined in section shall be used to pay for receptions, parties, or 3(a)(62) of the Securities Exchange Act of 1934), provided under this heading for State Service Commissions, section 126 of the 1990 Act shall be similar forms of entertainment for Government and such rating organization provided a written officials or employees: Provided further, That opinion that the agency would downgrade the applied by substituting ‘‘$200,000’’ for ‘‘$250,000’’ each place that it appears. none of the funds made available to CPB by this rating applicable to such obligation if the lender Act shall be available or used to aid or support NATIONAL SERVICE TRUST or owner elected such a waiver.’’. any program or activity from which any person (2) CONFORMING AMENDMENTS.—Section (INCLUDING TRANSFER OF FUNDS) is excluded, or is denied benefits, or is discrimi- 438(b)(2)(I) of the HEA (20 U.S.C. 1087– For necessary expenses for the National Serv- nated against, on the basis of race, color, na- 1(b)(2)(I)) is further amended— ice Trust established under subtitle D of title I tional origin, religion, or sex: Provided further, (A) in clause (i)(II), by striking ‘‘such average of the 1990 Act, $212,198,000, to remain available That none of the funds made available to CPB bond equivalent rate’’ and inserting ‘‘the rate until expended: Provided, That CNCS may by this Act shall be used to apply any political determined under subclause (I) (in accordance transfer additional funds from the amount pro- test or qualification in selecting, appointing, with clause (vii))’’; and promoting, or taking any other personnel action (B) in clause (v)(III), by striking ‘‘(iv), and vided within ‘‘Operating Expenses’’ allocated to with respect to officers, agents, and employees (vi)’’ and inserting ‘‘(iv), (vi), and (vii)’’. grants under subtitle C of title I of the 1990 Act (f) REAPPROPRIATION OF MANDATORY SAV- to the National Service Trust upon determina- of CPB: Provided further, That none of the INGS.—Section 401(b)(7)(A)(iv) of the HEA (20 tion that such transfer is necessary to support funds made available to CPB by this Act shall U.S.C. 1070a(b)(7)(A)(iv)) is amended to read as the activities of national service participants be used to support the Television Future Fund follows: and after notice is transmitted to the Committees or any similar purpose. ‘‘(iv) to carry out this section— on Appropriations of the House of Representa- FEDERAL MEDIATION AND CONCILIATION SERVICE ‘‘(I) $13,500,000,000 for fiscal year 2011; tives and the Senate: Provided further, That SALARIES AND EXPENSES amounts appropriated for or transferred to the ‘‘(II) $13,795,000,000 for fiscal year 2012; For expenses necessary for the Federal Medi- ‘‘(III) $7,587,000,000 for fiscal year 2013; National Service Trust may be invested under ation and Conciliation Service (‘‘Service’’) to ‘‘(IV) $588,000,000 for fiscal year 2014; section 145(b) of the 1990 Act without regard to carry out the functions vested in it by the ‘‘(V) $0 for fiscal year 2015; the requirement to apportion funds under 31 Labor-Management Relations Act, 1947, includ- ‘‘(VI) $0 for fiscal year 2016; U.S.C. 1513(b). ‘‘(VII) $1,574,000,000 for fiscal year 2017; ing hire of passenger motor vehicles; for ex- SALARIES AND EXPENSES ‘‘(VIII) $1,382,000,000 for fiscal year 2018; penses necessary for the Labor-Management Co- ‘‘(IX) $1,409,000,000 for fiscal year 2019; For necessary expenses of administration as operation Act of 1978; and for expenses nec- ‘‘(X) $1,430,000,000 for fiscal year 2020; and provided under section 501(a)(5) of the 1990 Act essary for the Service to carry out the functions ‘‘(XI) $1,145,000,000 for fiscal year 2021 and and under section 504(a) of the 1973 Act, includ- vested in it by the Civil Service Reform Act, each succeeding fiscal year.’’. ing payment of salaries, authorized travel, hire $46,250,000: Provided, That notwithstanding 31 (g) EFFECTIVE DATE.—The amendments made of passenger motor vehicles, the rental of con- U.S.C. 3302, fees charged, up to full-cost recov- by subsections (a), (b), and (c) shall take effect ference rooms in the District of Columbia, the ery, for special training activities and other con- on July 1, 2012. employment of experts and consultants author- flict resolution services and technical assistance,

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including those provided to foreign governments OCCUPATIONAL SAFETY AND HEALTH REVIEW LIMITATION ON ADMINISTRATIVE EXPENSES and international organizations, and for arbi- COMMISSION For necessary expenses, including the hire of tration services shall be credited to and merged SALARIES AND EXPENSES two passenger motor vehicles, and not to exceed with this account, and shall remain available For expenses necessary for the Occupational $20,000 for official reception and representation until expended: Provided further, That fees for Safety and Health Review Commission, expenses, not more than $10,555,494,000 may be arbitration services shall be available only for $11,689,000. expended, as authorized by section 201(g)(1) of education, training, and professional develop- the Social Security Act, from any one or all of RAILROAD RETIREMENT BOARD ment of the agency workforce: Provided further, the trust funds referred to in such section: Pro- That the Director of the Service is authorized to DUAL BENEFITS PAYMENTS ACCOUNT vided, That not less than $2,150,000 shall be for accept and use on behalf of the United States For payment to the Dual Benefits Payments the Social Security Advisory Board: Provided gifts of services and real, personal, or other Account, authorized under section 15(d) of the further, That unobligated balances of funds property in the aid of any projects or functions Railroad Retirement Act of 1974, $51,000,000, provided under this paragraph at the end of fis- within the Director’s jurisdiction. which shall include amounts becoming available cal year 2012 not needed for fiscal year 2012 FEDERAL MINE SAFETY AND HEALTH REVIEW in fiscal year 2012 pursuant to section shall remain available until expended to invest COMMISSION 224(c)(1)(B) of Public Law 98–76; and in addi- in the Social Security Administration informa- tion, an amount, not to exceed 2 percent of the tion technology and telecommunications hard- SALARIES AND EXPENSES amount provided herein, shall be available pro- ware and software infrastructure, including re- For expenses necessary for the Federal Mine portional to the amount by which the product of lated equipment and non-payroll administrative Safety and Health Review Commission, recipients and the average benefit received ex- expenses associated solely with this information $17,637,000. ceeds the amount available for payment of vest- technology and telecommunications infrastruc- INSTITUTE OF MUSEUM AND LIBRARY SERVICES ed dual benefits: Provided, That the total ture: Provided further, That the Commissioner amount provided herein shall be credited in 12 of Social Security shall notify the Committees on OFFICE OF MUSEUM AND LIBRARY SERVICES: approximately equal amounts on the first day of Appropriations of the House of Representatives GRANTS AND ADMINISTRATION each month in the fiscal year. and the Senate prior to making unobligated bal- For carrying out the Museum and Library FEDERAL PAYMENTS TO THE RAILROAD ances available under the authority in the pre- Services Act of 1996 and the National Museum RETIREMENT ACCOUNTS vious proviso: Provided further, That reimburse- of African American History and Culture Act, ment to the trust funds under this heading for $232,393,000. For payment to the accounts established in expenditures for official time for employees of the Treasury for the payment of benefits under MEDICAID AND CHIP PAYMENT AND ACCESS the Social Security Administration pursuant to 5 the Railroad Retirement Act for interest earned COMMISSION U.S.C. 7131, and for facilities or support services on unnegotiated checks, $150,000, to remain for labor organizations pursuant to policies, reg- SALARIES AND EXPENSES available through September 30, 2013, which ulations, or procedures referred to in section For expenses necessary to carry out section shall be the maximum amount available for pay- 7135(b) of such title shall be made by the Sec- 1900 of the Social Security Act, $6,000,000. ment pursuant to section 417 of Public Law 98– retary of the Treasury, with interest, from MEDICARE PAYMENT ADVISORY COMMISSION 76. amounts in the general fund not otherwise ap- LIMITATION ON ADMINISTRATION SALARIES AND EXPENSES propriated, as soon as possible after such ex- For necessary expenses for the Railroad Re- penditures are made. For expenses necessary to carry out section tirement Board (‘‘Board’’) for administration of In addition, for continuing disability reviews 1805 of the Social Security Act, $11,800,000, to be the Railroad Retirement Act and the Railroad under titles II and XVI of the Social Security transferred to this appropriation from the Fed- Unemployment Insurance Act, $108,855,000, to be Act and for the cost associated with conducting eral Hospital Insurance Trust Fund and the derived in such amounts as determined by the redeterminations of eligibility under title XVI of Federal Supplementary Medical Insurance Board from the railroad retirement accounts the Social Security Act, $274,000,000 may be ex- Trust Fund. and from moneys credited to the railroad unem- pended, as authorized by section 201(g)(1) of the NATIONAL COUNCIL ON DISABILITY ployment insurance administration fund. Social Security Act, from any one or all of the trust funds referred to therein: Provided, That SALARIES AND EXPENSES LIMITATION ON THE OFFICE OF INSPECTOR the Commissioner shall provide to the Congress GENERAL For expenses necessary for the National Coun- (at the conclusion of the fiscal year) a report on cil on Disability as authorized by title IV of the For expenses necessary for the Office of In- the obligation and expenditure of these funds, Rehabilitation Act of 1973, $3,264,000. spector General for audit, investigatory and re- similar to the reports that were required by sec- NATIONAL LABOR RELATIONS BOARD view activities, as authorized by the Inspector tion 103(d)(2) of Public Law 104–121 for fiscal General Act of 1978, not more than $8,170,000, to SALARIES AND EXPENSES years 1996 through 2002. be derived from the railroad retirement accounts In addition, $161,000,000 to be derived from For expenses necessary for the National Labor and railroad unemployment insurance account. administration fees in excess of $5.00 per supple- Relations Board to carry out the functions vest- SOCIAL SECURITY ADMINISTRATION mentary payment collected pursuant to section ed in it by the Labor-Management Relations PAYMENTS TO SOCIAL SECURITY TRUST FUNDS 1616(d) of the Social Security Act or section Act, 1947, and other laws, $278,833,000: Pro- 212(b)(3) of Public Law 93–66, which shall re- vided, That no part of this appropriation shall For payment to the Federal Old-Age and Sur- main available until expended. To the extent be available to organize or assist in organizing vivors Insurance Trust Fund and the Federal that the amounts collected pursuant to such sec- agricultural laborers or used in connection with Disability Insurance Trust Fund, as provided tions in fiscal year 2012 exceed $161,000,000, the investigations, hearings, directives, or orders under sections 201(m), 228(g), and 1131(b)(2) of amounts shall be available in fiscal year 2013 concerning bargaining units composed of agri- the Social Security Act, $20,404,000. only to the extent provided in advance in appro- cultural laborers as referred to in section 2(3) of SUPPLEMENTAL SECURITY INCOME PROGRAM priations Acts. the Act of July 5, 1935, and as amended by the For carrying out titles XI and XVI of the So- In addition, up to $1,000,000 to be derived from Labor-Management Relations Act, 1947, and as cial Security Act, section 401 of Public Law 92– fees collected pursuant to section 303(c) of the defined in section 3(f) of the Act of June 25, 603, section 212 of Public Law 93–66, as amend- Social Security Protection Act, which shall re- 1938, and including in said definition employees ed, and section 405 of Public Law 95–216, includ- main available until expended. engaged in the maintenance and operation of ing payment to the Social Security trust funds OFFICE OF INSPECTOR GENERAL ditches, canals, reservoirs, and waterways when for administrative expenses incurred pursuant (INCLUDING TRANSFER OF FUNDS) maintained or operated on a mutual, nonprofit to section 201(g)(1) of the Social Security Act, basis and at least 95 percent of the water stored For expenses necessary for the Office of In- $37,582,991,000, to remain available until ex- spector General in carrying out the provisions of or supplied thereby is used for farming pur- pended: Provided, That any portion of the poses. the Inspector General Act of 1978, $28,942,000, funds provided to a State in the current fiscal together with not to exceed $73,535,000, to be ADMINISTRATIVE PROVISION year and not obligated by the State during that transferred and expended as authorized by sec- SEC. 405. None of the funds provided by this year shall be returned to the Treasury: Provided tion 201(g)(1) of the Social Security Act from the Act or previous Acts making appropriations for further, That not more than $8,000,000 shall be Federal Old-Age and Survivors Insurance Trust the National Labor Relations Board may be available for research and demonstrations under Fund and the Federal Disability Insurance used to issue any new administrative directive sections 1110 and 1144 of the Social Security Act Trust Fund. or regulation that would provide employees any and remain available through September 30, In addition, an amount not to exceed 3 per- means of voting through any electronic means 2013. cent of the total provided in this appropriation in an election to determine a representative for For making, after June 15 of the current fiscal may be transferred from the ‘‘Limitation on Ad- the purposes of collective bargaining. year, benefit payments to individuals under title ministrative Expenses’’, Social Security Admin- XVI of the Social Security Act, for unantici- istration, to be merged with this account, to be NATIONAL MEDIATION BOARD pated costs incurred for the current fiscal year, available for the time and purposes for which SALARIES AND EXPENSES such sums as may be necessary. this account is available: Provided, That notice For expenses necessary to carry out the provi- For making benefit payments under title XVI of such transfers shall be transmitted promptly sions of the Railway Labor Act, including emer- of the Social Security Act for the first quarter of to the Committees on Appropriations of the gency boards appointed by the President, fiscal year 2013, $18,200,000,000, to remain avail- House of Representatives and the Senate at $13,436,000. able until expended. least 15 days in advance of any transfer.

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TITLE V (3) percentage and dollar amount of the total SEC. 510. None of the funds made available in GENERAL PROVISIONS costs of the project or program that will be fi- this Act may be used to promulgate or adopt (TRANSFER OF FUNDS) nanced by non-governmental sources. any final standard under section 1173(b) of the SEC. 506. (a) None of the funds appropriated Social Security Act providing for, or providing SEC. 501. The Secretaries of Labor, Health and in this Act, and none of the funds in any trust for the assignment of, a unique health identifier Human Services, and Education are authorized fund to which funds are appropriated in this to transfer unexpended balances of prior appro- for an individual (except in an individual’s ca- Act, shall be expended for any abortion. pacity as an employer or a health care pro- priations to accounts corresponding to current (b) None of the funds appropriated in this appropriations provided in this Act. Such trans- vider), until legislation is enacted specifically Act, and none of the funds in any trust fund to approving the standard. ferred balances shall be used for the same pur- which funds are appropriated in this Act, shall pose, and for the same periods of time, for which SEC. 511. None of the funds made available in be expended for health benefits coverage that this Act may be obligated or expended to enter they were originally appropriated. includes coverage of abortion. SEC. 502. No part of any appropriation con- into or renew a contract with an entity if— (c) The term ‘‘health benefits coverage’’ means (1) such entity is otherwise a contractor with tained in this Act shall remain available for ob- the package of services covered by a managed ligation beyond the current fiscal year unless the United States and is subject to the require- care provider or organization pursuant to a con- ment in 38 U.S.C. 4212(d) regarding submission expressly so provided herein. tract or other arrangement. of an annual report to the Secretary of Labor SEC. 503. (a) No part of any appropriation SEC. 507. (a) The limitations established in the concerning employment of certain veterans; and contained in this Act or transferred pursuant to preceding section shall not apply to an abor- (2) such entity has not submitted a report as section 4002 of Public Law 111–148 shall be used, tion— other than for normal and recognized executive- (1) if the pregnancy is the result of an act of required by that section for the most recent year legislative relationships, for publicity or propa- rape or incest; or for which such requirement was applicable to ganda purposes, for the preparation, distribu- (2) in the case where a woman suffers from a such entity. tion, or use of any kit, pamphlet, booklet, publi- physical disorder, physical injury, or physical SEC. 512. None of the funds made available in cation, electronic communication, radio, tele- illness, including a life-endangering physical this Act may be transferred to any department, vision, or video presentation designed to support condition caused by or arising from the preg- agency, or instrumentality of the United States or defeat the enactment of legislation before the nancy itself, that would, as certified by a physi- Government, except pursuant to a transfer made Congress or any State or local legislature or leg- cian, place the woman in danger of death unless by, or transfer authority provided in, this Act or islative body, except in presentation to the Con- an abortion is performed. any other appropriation Act. gress or any State or local legislature itself, or (b) Nothing in the preceding section shall be SEC. 513. None of the funds made available by designed to support or defeat any proposed or construed as prohibiting the expenditure by a this Act to carry out the Library Services and pending regulation, administrative action, or State, locality, entity, or private person of State, Technology Act may be made available to any order issued by the executive branch of any local, or private funds (other than a State’s or library covered by paragraph (1) of section State or local government, except in presen- locality’s contribution of Medicaid matching 224(f) of such Act, as amended by the Children’s tation to the executive branch of any State or funds). Internet Protection Act, unless such library has local government itself. (c) Nothing in the preceding section shall be made the certifications required by paragraph (b) No part of any appropriation contained in construed as restricting the ability of any man- (4) of such section. this Act or transferred pursuant to section 4002 aged care provider from offering abortion cov- SEC. 514. None of the funds made available by of Public Law 111–148 shall be used to pay the erage or the ability of a State or locality to con- this Act to carry out part D of title II of the Ele- salary or expenses of any grant or contract re- tract separately with such a provider for such mentary and Secondary Education Act of 1965 cipient, or agent acting for such recipient, re- coverage with State funds (other than a State’s may be made available to any elementary or sec- lated to any activity designed to influence the or locality’s contribution of Medicaid matching ondary school covered by paragraph (1) of sec- enactment of legislation, appropriations, regula- funds). tion 2441(a) of such Act, as amended by the tion, administrative action, or Executive order (d)(1) None of the funds made available in Children’s Internet Protection Act and the No proposed or pending before the Congress or any this Act may be made available to a Federal Child Left Behind Act, unless the local edu- State government, State legislature or local leg- agency or program, or to a State or local govern- cational agency with responsibility for such cov- islature or legislative body, other than for nor- ment, if such agency, program, or government ered school has made the certifications required mal and recognized executive-legislative rela- subjects any institutional or individual health by paragraph (2) of such section. tionships or participation by an agency or offi- care entity to discrimination on the basis that SEC. 515. (a) None of the funds provided under cer of a State, local or tribal government in pol- the health care entity does not provide, pay for, this Act, or provided under previous appropria- icymaking and administrative processes within provide coverage of, or refer for abortions. tions Acts to the agencies funded by this Act the executive branch of that government. (2) In this subsection, the term ‘‘health care that remain available for obligation or expendi- (c) The prohibitions in subsections (a) and (b) entity’’ includes an individual physician or ture in fiscal year 2012, or provided from any ac- shall include any activity to advocate or pro- other health care professional, a hospital, a pro- counts in the Treasury of the United States de- mote any proposed, pending or future Federal, vider-sponsored organization, a health mainte- rived by the collection of fees available to the State or local tax increase, or any proposed, nance organization, a health insurance plan, or agencies funded by this Act, shall be available pending, or future requirement or restriction on any other kind of health care facility, organiza- for obligation or expenditure through a re- any legal consumer product, including its sale tion, or plan. programming of funds that— or marketing, including but not limited to the SEC. 508. (a) None of the funds made available (1) creates new programs; advocacy or promotion of gun control. in this Act may be used for— (2) eliminates a program, project, or activity; SEC. 504. The Secretaries of Labor and Edu- (1) the creation of a human embryo or em- (3) increases funds or personnel by any means cation are authorized to make available not to bryos for research purposes; or for any project or activity for which funds have exceed $28,000 and $20,000, respectively, from (2) research in which a human embryo or em- been denied or restricted; funds available for salaries and expenses under bryos are destroyed, discarded, or knowingly (4) relocates an office or employees; titles I and III, respectively, for official recep- subjected to risk of injury or death greater than (5) reorganizes or renames offices; tion and representation expenses; the Director that allowed for research on fetuses in utero (6) reorganizes programs or activities; or of the Federal Mediation and Conciliation Serv- under 45 CFR 46.204(b) and section 498(b) of the (7) contracts out or privatizes any functions ice is authorized to make available for official Public Health Service Act (42 U.S.C. 289g(b)). or activities presently performed by Federal em- reception and representation expenses not to ex- (b) For purposes of this section, the term ployees; ceed $5,000 from the funds available for ‘‘Fed- ‘‘human embryo or embryos’’ includes any orga- eral Mediation and Conciliation Service, Sala- nism, not protected as a human subject under 45 unless the Committees on Appropriations of the ries and Expenses’’; and the Chairman of the CFR 46 as of the date of the enactment of this House of Representatives and the Senate are no- National Mediation Board is authorized to make Act, that is derived by fertilization, par- tified 15 days in advance of such reprogramming available for official reception and representa- thenogenesis, cloning, or any other means from or of an announcement of intent relating to tion expenses not to exceed $5,000 from funds one or more human gametes or human diploid such reprogramming, whichever occurs earlier. available for ‘‘National Mediation Board, Sala- cells. (b) None of the funds provided under this Act, ries and Expenses’’. SEC. 509. (a) None of the funds made available or provided under previous appropriations Acts SEC. 505. When issuing statements, press re- in this Act may be used for any activity that to the agencies funded by this Act that remain leases, requests for proposals, bid solicitations promotes the legalization of any drug or other available for obligation or expenditure in fiscal and other documents describing projects or pro- substance included in schedule I of the sched- year 2012, or provided from any accounts in the grams funded in whole or in part with Federal ules of controlled substances established under Treasury of the United States derived by the money, all grantees receiving Federal funds in- section 202 of the Controlled Substances Act ex- collection of fees available to the agencies fund- cluded in this Act, including but not limited to cept for normal and recognized executive-con- ed by this Act, shall be available for obligation State and local governments and recipients of gressional communications. or expenditure through a reprogramming of Federal research grants, shall clearly state— (b) The limitation in subsection (a) shall not funds in excess of $500,000 or 10 percent, which- (1) the percentage of the total costs of the pro- apply when there is significant medical evidence ever is less, that— gram or project which will be financed with of a therapeutic advantage to the use of such (1) augments existing programs, projects (in- Federal money; drug or other substance or that federally spon- cluding construction projects), or activities; (2) the dollar amount of Federal funds for the sored clinical trials are being conducted to de- (2) reduces by 10 percent funding for any ex- project or program; and termine therapeutic advantage. isting program, project, or activity, or numbers

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00123 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.040 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9092 CONGRESSIONAL RECORD — HOUSE December 15, 2011 of personnel by 10 percent as approved by Con- Social Security benefit payments, under any DIVISION G—LEGISLATIVE BRANCH gress; or agreement between the United States and Mex- APPROPRIATIONS ACT, 2012 (3) results from any general savings from a re- ico establishing totalization arrangements be- TITLE I duction in personnel which would result in a tween the social security system established by LEGISLATIVE BRANCH change in existing programs, activities, or title II of the Social Security Act and the social projects as approved by Congress; security system of Mexico, which would not oth- SENATE unless the Committees on Appropriations of the erwise be payable but for such agreement. EXPENSE ALLOWANCES House of Representatives and the Senate are no- For expense allowances of the Vice President, (RESCISSION) tified 15 days in advance of such reprogramming $18,760; the President Pro Tempore of the Sen- or of an announcement of intent relating to SEC. 522. Of the funds made available for per- ate, $37,520; Majority Leader of the Senate, such reprogramming, whichever occurs earlier. formance bonus payments under section $39,920; Minority Leader of the Senate, $39,920; SEC. 516. (a) None of the funds made available 2105(a)(3)(E) of the Social Security Act, Majority Whip of the Senate, $9,980; Minority in this Act may be used to request that a can- $6,367,964,000 are hereby rescinded. Whip of the Senate, $9,980; Chairmen of the Ma- didate for appointment to a Federal scientific SEC. 523. Notwithstanding any other provision jority and Minority Conference Committees, advisory committee disclose the political affili- $4,690 for each Chairman; and Chairmen of the ation or voting history of the candidate or the of this Act, no funds appropriated in this Act shall be used to carry out any program of dis- Majority and Minority Policy Committees, $4,690 position that the candidate holds with respect to for each Chairman; in all, $174,840. political issues not directly related to and nec- tributing sterile needles or syringes for the REPRESENTATION ALLOWANCES FOR THE essary for the work of the committee involved. hypodermic injection of any illegal drug. MAJORITY AND MINORITY LEADERS (b) None of the funds made available in this (RESCISSION) Act may be used to disseminate information that For representation allowances of the Majority is deliberately false or misleading. SEC. 524. Of the funds made available under and Minority Leaders of the Senate, $14,070 for SEC. 517. Within 45 days of enactment of this section 1322 of Public Law 111–148, $400,000,000 each such Leader; in all, $28,140. Act, each department and related agency fund- are rescinded. SALARIES, OFFICERS AND EMPLOYEES ed through this Act shall submit an operating (RESCISSION) For compensation of officers, employees, and plan that details at the program, project, and others as authorized by law, including agency SEC. 525. Of the funds made available for fis- activity level any funding allocations for fiscal contributions, $175,763,738, which shall be paid cal year 2012 under section 3403 of Public Law year 2012 that are different than those specified from this appropriation without regard to the 111–148, $10,000,000 are rescinded. in this Act, the accompanying detailed table in following limitations: the statement of the managers on the conference SEC. 526. Not later than 30 days after the end OFFICE OF THE VICE PRESIDENT report accompanying this Act, or the fiscal year of each calendar quarter, beginning with the 2012 budget request. first quarter of fiscal year 2013, the Departments For the Office of the Vice President, SEC. 518. The Secretaries of Labor, Health and of Labor, Health and Human Services and Edu- $2,361,248. Human Services, and Education shall each pre- cation and the Social Security Administration OFFICE OF THE PRESIDENT PRO TEMPORE pare and submit to the Committees on Appro- shall provide the Committees on Appropriations For the Office of the President Pro Tempore, priations of the House of Representatives and of the House of Representatives and Senate a $705,466. the Senate a report on the number and amount quarterly report on the status of balances of ap- of contracts, grants, and cooperative agreements OFFICES OF THE MAJORITY AND MINORITY propriations: Provided, That for balances that LEADERS exceeding $500,000 in value and awarded by the are unobligated and uncommitted, committed, For Offices of the Majority and Minority Department on a non-competitive basis during and obligated but unexpended, the quarterly re- Leaders, $5,201,576. each quarter of fiscal year 2012, but not to in- ports shall separately identify the amounts at- clude grants awarded on a formula basis or di- tributable to each source year of appropriation OFFICES OF THE MAJORITY AND MINORITY WHIPS rected by law. Such report shall include the (beginning with fiscal year 2012, or, to the ex- For Offices of the Majority and Minority name of the contractor or grantee, the amount tent feasible, earlier fiscal years) from which Whips, $3,281,424. of funding, the governmental purpose, including balances were derived. COMMITTEE ON APPROPRIATIONS a justification for issuing the award on a non- competitive basis. Such report shall be trans- SEC. 527. (a) ACROSS-THE-BOARD RESCIS- For salaries of the Committee on Appropria- mitted to the Committees within 30 days after SIONS.—There is hereby rescinded an amount tions, $14,863,573. equal to 0.189 percent of— the end of the quarter for which the report is CONFERENCE COMMITTEES submitted. (1) the budget authority provided for fiscal For the Conference of the Majority and the SEC. 519. None of the funds appropriated or year 2012 for any discretionary account of this Conference of the Minority, at rates of com- otherwise made available by this Act may be Act; and pensation to be fixed by the Chairman of each used to enter into a contract in an amount (2) the budget authority provided in any ad- such committee, $1,619,195 for each such com- greater than $5,000,000 or to award a grant in vance appropriation for fiscal year 2012 for any mittee; in all, $3,238,390. excess of such amount unless the prospective discretionary account in prior Acts making ap- OFFICES OF THE SECRETARIES OF THE CON- contractor or grantee certifies in writing to the propriations for the Departments of Labor, FERENCE OF THE MAJORITY AND THE CON- agency awarding the contract or grant that, to Health and Human Services, and Education, FERENCE OF THE MINORITY the best of its knowledge and belief, the con- and Related Agencies. tractor or grantee has filed all Federal tax re- For Offices of the Secretaries of the Con- (b) PROPORTIONATE APPLICATION.—Any re- turns required during the 3 years preceding the ference of the Majority and the Conference of scission made by subsection (a) shall be applied certification, has not been convicted of a crimi- the Minority, $797,402. proportionately— nal offense under the Internal Revenue Code of POLICY COMMITTEES 1986, and has not, more than 90 days prior to (1) to each discretionary account and each For salaries of the Majority Policy Committee certification, been notified of any unpaid Fed- item of budget authority described in such sub- and the Minority Policy Committee, $1,653,905 eral tax assessment for which the liability re- section; and for each such committee; in all, $3,307,810. mains unsatisfied, unless the assessment is the (2) within each such account and item, to OFFICE OF THE CHAPLAIN subject of an installment agreement or offer in each program, project, and activity (with pro- compromise that has been approved by the In- grams, projects, and activities as delineated in For Office of the Chaplain, $405,886. ternal Revenue Service and is not in default, or this Act or the accompanying statement of man- OFFICE OF THE SECRETARY the assessment is the subject of a non-frivolous agers). For Office of the Secretary, $24,194,115. administrative or judicial proceeding. (c) EXCEPTION.—This section shall not apply OFFICE OF THE SERGEANT AT ARMS AND SEC. 520. None of the funds appropriated in to discretionary authority appropriated for the DOORKEEPER this Act shall be expended or obligated by the Federal Pell Grants program under the heading Commissioner of Social Security, for purposes of For Office of the Sergeant at Arms and Door- ‘‘Department of Education, Student Financial keeper, $73,000,000. administering Social Security benefit payments Assistance’’. under title II of the Social Security Act, to proc- OFFICES OF THE SECRETARIES FOR THE MAJORITY ess any claim for credit for a quarter of coverage (d) OMB REPORT.—Within 30 days after the AND MINORITY based on work performed under a social security date of the enactment of this section, the Direc- For Offices of the Secretary for the Majority account number that is not the claimant’s num- tor of the Office of Management and Budget and the Secretary for the Minority, $1,722,388. shall submit to the Committees on Appropria- ber and the performance of such work under AGENCY CONTRIBUTIONS AND RELATED EXPENSES such number has formed the basis for a convic- tions of the House of Representatives and the For agency contributions for employee bene- tion of the claimant of a violation of section Senate a report specifying the account and fits, as authorized by law, and related expenses, 208(a)(6) or (7) of the Social Security Act. amount of each rescission made pursuant to this $42,684,460. SEC. 521. None of the funds appropriated by section. this Act may be used by the Commissioner of So- This division may be cited as the ‘‘Depart- OFFICE OF THE LEGISLATIVE COUNSEL OF THE cial Security or the Social Security Administra- ments of Labor, Health and Human Services, SENATE tion to pay the compensation of employees of and Education, and Related Agencies Appro- For salaries and expenses of the Office of the the Social Security Administration to administer priations Act, 2012’’. Legislative Counsel of the Senate, $6,995,300.

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OFFICE OF SENATE LEGAL COUNSEL ing the Chief Deputy Minority Whip, $1,524,951, ALLOWANCES AND EXPENSES For salaries and expenses of the Office of Sen- including $5,000 for official expenses of the Mi- For allowances and expenses as authorized by ate Legal Counsel, $1,449,000. nority Whip; Republican Conference, $1,572,788; House resolution or law, $292,386,942, including: Democratic Caucus, $1,553,807. In addition to EXPENSE ALLOWANCES OF THE SECRETARY OF supplies, materials, administrative costs and the amounts made available above, for salaries THE SENATE, SERGEANT AT ARMS AND DOOR- Federal tort claims, $3,696,118; official mail for and expenses under this heading, to be available KEEPER OF THE SENATE, AND SECRETARIES FOR committees, leadership offices, and administra- during the period beginning September 30, 2012, THE MAJORITY AND MINORITY OF THE SENATE tive offices of the House, $201,000; Government and ending December 31, 2013; $5,818,948, in- contributions for health, retirement, Social Se- For expense allowances of the Secretary of the cluding: Office of the Speaker, $1,735,694, in- curity, and other applicable employee benefits, Senate, $7,110; Sergeant at Arms and Door- cluding $6,250 for official expenses of the Speak- $264,848,219; Business Continuity and Disaster keeper of the Senate, $7,110; Secretary for the er; Office of the Majority Floor Leader, $569,399, Recovery, $17,112,072, of which $5,000,000 shall Majority of the Senate, $7,110; Secretary for the including $2,500 for official expenses of the Ma- remain available until expended; transition ac- Minority of the Senate, $7,110; in all, $28,440. jority Leader; Office of the Minority Floor tivities for new members and staff, $1,721,533; CONTINGENT EXPENSES OF THE SENATE Leader, $1,858,205, including $2,500 for official Wounded Warrior Program $2,500,000, to remain INQUIRIES AND INVESTIGATIONS expenses of the Minority Leader; Office of the available until expended; Office of Congres- For expenses of inquiries and investigations Majority Whip, including the Chief Deputy Ma- sional Ethics, $1,548,000; and miscellaneous ordered by the Senate, or conducted under para- jority Whip, $492,763, including $1,250 for offi- items including purchase, exchange, mainte- graph 1 of rule XXVI of the Standing Rules of cial expenses of the Majority Whip; Office of the nance, repair and operation of House motor ve- the Senate, section 112 of the Supplemental Ap- Minority Whip, including the Chief Deputy Mi- hicles, interparliamentary receptions, and gra- propriations and Rescission Act, 1980 (Public nority Whip, $381,238, including $1,250 for offi- tuities to heirs of deceased employees of the Law 96–304), and Senate Resolution 281, 96th cial expenses of the Minority Whip; Republican House, $760,000. Conference, $393,197; Democratic Caucus, Congress, agreed to March 11, 1980, $131,305,860, ADMINISTRATIVE PROVISIONS $388,452. of which $26,650,000 shall be available until Sep- SEC. 101. (a) REQUIRING AMOUNTS REMAINING MEMBERS’ REPRESENTATIONAL ALLOWANCES tember 30, 2014. IN MEMBERS’ REPRESENTATIONAL ALLOWANCES EXPENSES OF THE UNITED STATES SENATE CAUCUS INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL TO BE USED FOR DEFICIT REDUCTION OR TO RE- ON INTERNATIONAL NARCOTICS CONTROL EXPENSES OF MEMBERS, AND OFFICIAL MAIL DUCE THE FEDERAL DEBT.—Notwithstanding For expenses of the United States Senate Cau- For Members’ representational allowances, in- any other provision of law, any amounts appro- cus on International Narcotics Control, $487,822. cluding Members’ clerk hire, official expenses, priated under this Act for ‘‘HOUSE OF REP- and official mail, $573,939,282. RESENTATIVES—SALARIES AND EXPENSES— SECRETARY OF THE SENATE COMMITTEE EMPLOYEES MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ For expenses of the Office of the Secretary of shall be available only for fiscal year 2012. Any STANDING COMMITTEES, SPECIAL AND SELECT the Senate $5,816,344 of which $4,200,000 shall amount remaining after all payments are made remain available until September 30, 2016. For salaries and expenses of standing commit- under such allowances for fiscal year 2012 shall SERGEANT AT ARMS AND DOORKEEPER OF THE tees, special and select, authorized by House res- be deposited in the Treasury and used for deficit SENATE olutions, $125,964,870: Provided, That such reduction (or, if there is no Federal budget def- amount shall remain available for such salaries For expenses of the Office of the Sergeant at icit after all such payments have been made, for and expenses until December 31, 2012. Arms and Doorkeeper of the Senate, reducing the Federal debt, in such manner as $130,722,080, which shall remain available until COMMITTEE ON APPROPRIATIONS the Secretary of the Treasury considers appro- September 30, 2016. For salaries and expenses of the Committee on priate). (b) REGULATIONS.—The Committee on House MISCELLANEOUS ITEMS Appropriations, $26,665,785, including studies and examinations of executive agencies and Administration of the House of Representatives For miscellaneous items, $19,360,000, which temporary personal services for such committee, shall have authority to prescribe regulations to shall remain available until September 30, 2014. to be expended in accordance with section 202(b) carry out this section. SENATORS’ OFFICIAL PERSONNEL AND OFFICE of the Legislative Reorganization Act of 1946 (c) DEFINITION.—As used in this section, the EXPENSE ACCOUNT and to be available for reimbursement to agen- term ‘‘Member of the House of Representatives’’ For Senators’ Official Personnel and Office cies for services performed: Provided, That such means a Representative in, or a Delegate or Expense Account, $396,180,000 of which amount shall remain available for such salaries Resident Commissioner to, the Congress. $18,921,206 shall remain available until Sep- and expenses until December 31, 2012. REPUBLICAN POLICY COMMITTEE tember 30, 2014. SALARIES, OFFICERS AND EMPLOYEES SEC. 102. (a) Section 109(a) of the Legislative OFFICIAL MAIL COSTS For salaries and expenses of officers and em- Branch Appropriations Act, 2005 (2 U.S.C. 74a– For expenses necessary for official mail costs ployees, as authorized by law, $177,628,400, in- 13(a)) is amended by striking ‘‘the chair of the of the Senate, $281,436. cluding: for salaries and expenses of the Office Republican Conference’’ and inserting the fol- lowing: ‘‘the Speaker of the House of Represent- ADMINISTRATIVE PROVISION of the Clerk, including not more than $23,000, of which not more than $20,000 is for the Family atives (or, if the Speaker is not a member of the PAYMENT OF CERTAIN EXPENSES Room, for official representation and reception Republican Party, the Minority Leader of the SEC. 1. (a) IN GENERAL.—Subject to the ap- expenses, $26,114,400, of which $2,000,000 shall House of Representatives)’’. proval of the Committee on Appropriations of remain available until expended; for salaries (b) Section 109(b) of such Act (2 U.S.C. 74a– the Senate, if in any fiscal year amounts in any and expenses of the Office of the Sergeant at 13(b)) is amended by striking the period at the appropriations account under the heading Arms, including the position of Superintendent end and inserting the following: ‘‘, and which ‘‘SENATE’’ under the heading ‘‘LEGISLATIVE of Garages and the Office of Emergency Man- shall be obligated and expended as directed by BRANCH’’ are available for more than 1 fiscal agement, and including not more than $3,000 for the Speaker (or, if the Speaker is not a member year, the Secretary of the Senate may establish official representation and reception expenses, of the Republican party, the Minority Lead- procedures for the payment of expenses with re- $12,585,000 of which $4,445,000 shall remain er).’’. spect to that account from any amounts avail- available until expended; for salaries and ex- (c) The amendment made by subsection (a) able for that fiscal year. penses of the Office of the Chief Administrative shall apply with respect to fiscal year 2012 and (b) EFFECTIVE DATE.—This section shall apply Officer including not more than $3,000 for offi- each succeeding fiscal year. to fiscal year 2012 and each fiscal year there- cial representation and reception expenses, AUTHORITY OF SPEAKER AND MINORITY LEADER after. $116,782,000, of which $3,937,000 shall remain TO ALLOCATE FUNDS AMONG CERTAIN HOUSE HOUSE OF REPRESENTATIVES available until expended; for salaries and ex- LEADERSHIP OFFICES SALARIES AND EXPENSES penses of the Office of the Inspector General, SEC. 103. (a) AUTHORITY OF SPEAKER.— $5,045,000; for salaries and expenses of the Of- (1) AUTHORITY DESCRIBED.—Notwithstanding For salaries and expenses of the House of fice of General Counsel, $1,415,000; for the Office any other provision of law (including any provi- Representatives, $1,225,680,000, as follows: of the Chaplain, $179,000; for salaries and ex- sion of law that sets forth an allowance for offi- HOUSE LEADERSHIP OFFICES penses of the Office of the Parliamentarian, in- cial expenses), the amount appropriated or oth- For salaries and expenses, as authorized by cluding the Parliamentarian, $2,000 for pre- erwise made available during a Congress for the law, $23,275,773, including: Office of the Speak- paring the Digest of Rules, and not more than salaries and expenses of any office or authority er, $6,942,770, including $25,000 for official ex- $1,000 for official representation and reception described in paragraph (2) shall be the amount penses of the Speaker; Office of the Majority expenses, $2,060,000; for salaries and expenses of allocated for such office or authority by the Floor Leader, $2,277,595, including $10,000 for the Office of the Law Revision Counsel of the Speaker of the House of Representatives from official expenses of the Majority Leader; Office House, $3,258,000; for salaries and expenses of the aggregate amount appropriated or otherwise of the Minority Floor Leader, $7,432,812, includ- the Office of the Legislative Counsel of the made available for all such offices and authori- ing $10,000 for official expenses of the Minority House, $8,814,000; for salaries and expenses of ties. Leader; Office of the Majority Whip, including the Office of Interparliamentary Affairs, (2) OFFICES AND AUTHORITIES DESCRIBED.— the Chief Deputy Majority Whip, $1,971,050, in- $859,000; for other authorized employees, The offices and authorities described in this cluding $5,000 for official expenses of the Major- $347,000; and for salaries and expenses of the paragraph are as follows: ity Whip; Office of the Minority Whip, includ- Historian, $170,000. (A) The Office of the Speaker.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00125 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.041 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9094 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (B) The Speaker’s Office for Legislative Floor (1) section 905 of the Emergency Supplemental ‘‘(A) has the meaning given the term under Activities. Act, 2002 (2 U.S.C. 130i) is repealed; and section 101 of the Congressional Accountability (C) The Republican Steering Committee (if the (2) the functions and responsibilities of the Act of 1995 (2 U.S.C. 1301); and Speaker is a member of the Republican party) or Office of Emergency Planning, Preparedness ‘‘(B) includes any employee of the Office of the Democratic Steering and Policy Committee and Operations under section 905 of such Act Congressional Accessibility Services whose pay (if the Speaker is a member of the Democratic are transferred and assigned to the Sergeant at is disbursed by the Secretary of the Senate. party). Arms of the House of Representatives. ‘‘(3) EMPLOYING OFFICE.—The term ‘employing (D) The Republican Policy Committee (if the JOINT ITEMS office’— Speaker is a member of the Republican party). For Joint Committees, as follows: ‘‘(A) means the employing office, as defined (E) Training and program development—ma- under section 101 of the Congressional Account- JOINT ECONOMIC COMMITTEE jority (as described under the heading ‘‘House ability Act of 1995 (2 U.S.C. 1301), of an em- leadership offices’’ in the most recent bill mak- For salaries and expenses of the Joint Eco- ployee of the Senate; and ing appropriations for the legislative branch nomic Committee, $4,203,000, to be disbursed by ‘‘(B) includes the Office of Congressional Ac- that was enacted prior to the date of the enact- the Secretary of the Senate. cessibility Services with respect to employees of ment of this Act). JOINT CONGRESSIONAL COMMITTEE ON that office whose pay is disbursed by the Sec- (F) Cloakroom personnel—majority (as so de- INAUGURAL CEREMONIES OF 2013 retary of the Senate.’’. scribed). For salaries and expenses associated with con- (b) EXCLUSION FROM PARTICIPATION IN DUAL (b) AUTHORITY OF MINORITY LEADER.— ducting the inaugural ceremonies of the Presi- PROGRAMS.—Section 102(b) of the Legislative (1) AUTHORITY DESCRIBED.—Notwithstanding dent and Vice President of the United States, Branch Appropriations Act, 2002 (2 U.S.C. 60c– any other provision of law (including any provi- January 20, 2013, in accordance with such pro- 5(b)) is amended by adding at the end the fol- sion of law that sets forth an allowance for offi- gram as may be adopted by the joint congres- lowing: cial expenses), the amount appropriated or oth- sional committee authorized to conduct the in- ‘‘(3) EXCLUSION FROM PARTICIPATION IN DUAL erwise made available during a Congress for the augural ceremonies of 2013, $1,237,000 to be dis- PROGRAMS.—Notwithstanding section 5379 of salaries and expenses of any office or authority bursed by the Secretary of the Senate and to re- title 5, United States Code, an employee of the described in paragraph (2) shall be the amount main available until September 30, 2013. Funds Office of Congressional Accessibility Services allocated for such office or authority by the Mi- made available under this heading shall be may not participate in the student loan repay- nority Leader of the House of Representatives available for payment, on a direct or reimburs- ment program through an agreement under that from the aggregate amount appropriated or oth- able basis, whether incurred on, before, or after, section and participate in the student loan re- erwise made available for all such offices and October 1, 2012: Provided, That the compensa- payment program through a service agreement authorities. tion of any employee of the Committee on Rules under this section at the same time.’’. (2) OFFICES AND AUTHORITIES DESCRIBED.— and Administration of the Senate who has been (c) EFFECTIVE DATE AND APPLICATION.—The The offices and authorities described in this designated to perform service with respect to the amendments made by this section shall take ef- paragraph are as follows: inaugural ceremonies of 2013 shall continue to fect on the date of enactment of this Act and (A) The Office of the Minority Leader. be paid by the Committee on Rules and Adminis- apply to service agreements entered into under (B) The Democratic Steering and Policy Com- tration, but the account from which such staff section 102 of the Legislative Branch Appropria- mittee (if the Minority Leader is a member of the member is paid may be reimbursed for the serv- tions Act, 2002 (2 U.S.C. 60c–5) or section 5379 of Democratic party) or the Republican Steering ices of the staff member (including agency con- title 5, United States Code, on or after that date. Committee (if the Minority Leader is a member tributions when appropriate) out of funds made CAPITOL POLICE of the Republican party). available under this heading. (C) The Republican Policy Committee (if the SALARIES JOINT COMMITTEE ON TAXATION Minority Leader is a member of the Republican For salaries of employees of the Capitol Po- party). For salaries and expenses of the Joint Com- lice, including overtime, hazardous duty pay (D) Training and program development—mi- mittee on Taxation, $10,004,000, to be disbursed differential, and Government contributions for nority (as described under the heading ‘‘House by the Chief Administrative Officer of the House health, retirement, social security, professional leadership offices’’ in the most recent bill mak- of Representatives. liability insurance, and other applicable em- For other joint items, as follows: ing appropriations for the legislative branch ployee benefits, $277,133,000, to be disbursed by that was enacted prior to the date of the enact- OFFICE OF THE ATTENDING PHYSICIAN the Chief of the Capitol Police or his designee. ment of this Act). For medical supplies, equipment, and contin- GENERAL EXPENSES (E) Cloakroom personnel—minority (as so de- gent expenses of the emergency rooms, and for scribed). the Attending Physician and his assistants, in- For necessary expenses of the Capitol Police, (F) Nine minority employees (as so described). cluding: (1) an allowance of $2,175 per month to including motor vehicles, communications and (c) EFFECTIVE DATE.—This section shall apply the Attending Physician; (2) an allowance of other equipment, security equipment and instal- with respect to any months occurring during the $1,300 per month to the Senior Medical Officer; lation, uniforms, weapons, supplies, materials, One Hundred Twelfth Congress that begin after (3) an allowance of $725 per month each to three training, medical services, forensic services, the date of the enactment of this Act, and to medical officers while on duty in the Office of stenographic services, personal and professional any succeeding Congress. the Attending Physician; (4) an allowance of services, the employee assistance program, the awards program, postage, communication serv- REPUBLICAN CONFERENCE AND THE DEMOCRATIC $725 per month to 2 assistants and $580 per ices, travel advances, relocation of instructor STEERING AND POLICY COMMITTEE month each not to exceed 11 assistants on the and liaison personnel for the Federal Law En- SEC. 104. (a) Section 103(b) of the Legislative basis heretofore provided for such assistants; and (5) $2,427,000 for reimbursement to the De- forcement Training Center, and not more than Branch Appropriations Act, 1999 (2 U.S.C. 74a– $5,000 to be expended on the certification of the 8(b)) is amended— partment of the Navy for expenses incurred for staff and equipment assigned to the Office of Chief of the Capitol Police in connection with (1) in the matter preceding paragraph (1), by official representation and reception expenses, striking ‘‘Subject to the allocation described in the Attending Physician, which shall be ad- vanced and credited to the applicable appro- $63,004,000, of which $2,400,000 shall remain subsection (c), funds’’ and inserting ‘‘Funds’’; available until September 30, 2014, to be dis- (2) in paragraph (1), by striking ‘‘direct;’’ and priation or appropriations from which such sal- aries, allowances, and other expenses are pay- bursed by the Chief of the Capitol Police or his inserting the following: ‘‘direct (or, if the Speak- designee: Provided, That, notwithstanding any er is not a member of the Republican Party, able and shall be available for all the purposes thereof, $3,400,000, to be disbursed by the Chief other provision of law, the cost of basic training under such terms and conditions as the Minor- for the Capitol Police at the Federal Law En- ity Leader of the House of Representatives may Administrative Officer of the House of Rep- resentatives. forcement Training Center for fiscal year 2012 direct);’’; and shall be paid by the Secretary of Homeland Se- OFFICE OF CONGRESSIONAL ACCESSIBILITY (3) in paragraph (2), by striking ‘‘direct.’’ and curity from funds available to the Department SERVICES inserting the following: ‘‘direct (or, if the Speak- of Homeland Security. er is a member of the Democratic Party, under SALARIES AND EXPENSES ADMINISTRATIVE PROVISIONS such terms and conditions as the Speaker may For salaries and expenses of the Office of direct).’’. Congressional Accessibility Services, $1,363,000, (INCLUDING TRANSFER OF FUNDS) (b) Section 103 of such Act (2 U.S.C. 74a–8(c)) to be disbursed by the Secretary of the Senate. SEC. 1101. Amounts appropriated for fiscal is amended— ADMINISTRATIVE PROVISION year 2012 for the Capitol Police may be trans- (1) by striking subsection (c); and ferred between the headings ‘‘Salaries’’ and SEC. 1001. (a) IN GENERAL.—Section 102(a) of (2) by redesignating subsection (d) as sub- ‘‘General expenses’’ upon the approval of the the Legislative Branch Appropriations Act, 2002 section (c). Committees on Appropriations of the House of (c) The amendments made by this section shall (2 U.S.C. 60c–5(a)) is amended— (1) in paragraph (1), by inserting ‘‘, except as Representatives and the Senate. take effect as if included in the enactment of the WAIVER BY CHIEF OF CAPITOL POLICE OF CLAIMS Legislative Branch Appropriations Act, 1999. provided under subsection (b)(3)’’ after ‘‘means an individual’’; and ARISING OUT OF ERRONEOUS PAYMENTS TO OF- TRANSFER OF HOUSE EMERGENCY PLANNING, (2) by striking paragraphs (2) and (3) and in- FICERS AND EMPLOYEES PREPAREDNESS, AND OPERATIONS FUNCTIONS serting the following: SEC. 1102. (a) WAIVER OF CLAIM.—Subject to TO SERGEANT AT ARMS ‘‘(2) EMPLOYEE OF THE SENATE.—The term the joint approval of the Chief Administrative SEC. 105. Effective February 1, 2010— ‘employee of the Senate’— Officer of the House of Representatives and the

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00126 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.041 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9095 Secretary of the Senate, the Chief of the United ARCHITECT OF THE CAPITOL and security enhancements of the United States States Capitol Police may waive in whole or in GENERAL ADMINISTRATION Capitol Police, wherever located, the Alternate part a claim of the United States against a per- For salaries for the Architect of the Capitol, Computer Facility, and AOC security oper- son arising out of an erroneous payment of any and other personal services, at rates of pay pro- ations, $21,500,000, of which $3,473,000 shall re- pay or allowances, other than travel and trans- vided by law; for surveys and studies in connec- main available until September 30, 2016. portation expenses and allowances, to an offi- tion with activities under the care of the Archi- BOTANIC GARDEN cer, member, or employee of the United States tect of the Capitol; for all necessary expenses for For all necessary expenses for the mainte- Capitol Police, if the collection of the claim the general and administrative support of the nance, care and operation of the Botanic Gar- would be against equity and good conscience operations under the Architect of the Capitol in- den and the nurseries, buildings, grounds, and and not in the best interests of the United cluding the Botanic Garden; electrical sub- collections; and purchase and exchange, main- States. stations of the Capitol, Senate and House office tenance, repair, and operation of a passenger (b) INVESTIGATION OF APPLICATION; REPORT.— buildings, and other facilities under the juris- motor vehicle; all under the direction of the The Chief shall investigate each application for diction of the Architect of the Capitol; including Joint Committee on the Library, $12,000,000: the waiver of a claim under subsection (a) and furnishings and office equipment; including not Provided, That of the amount made available shall submit a written report of the investiga- more than $5,000 for official reception and rep- under this heading, the Architect of the Capitol tion, including a description of the facts and resentation expenses, to be expended as the Ar- may obligate and expend such sums as may be circumstances of the claim, to the Chief Admin- chitect of the Capitol may approve; for purchase necessary for the maintenance, care and oper- istrative Officer of the House of Representatives or exchange, maintenance, and operation of a ation of the National Garden established under and the Secretary of the Senate, except that if passenger motor vehicle, $101,340,000, of which section 307E of the Legislative Branch Appro- the aggregate amount of the claim involved ex- $3,749,000 shall remain available until September priations Act, 1989 (2 U.S.C. 2146), upon vouch- ceeds $1,500, the Comptroller General may also 30, 2016. ers approved by the Architect of the Capitol or investigate the application and submit a written a duly authorized designee. report of the investigation, including a descrip- CAPITOL BUILDING tion of the facts and circumstances of the claim, For all necessary expenses for the mainte- CAPITOL VISITOR CENTER to the Chief Administrative Officer of the House nance, care and operation of the Capitol, For all necessary expenses for the operation of of Representatives and the Secretary of the Sen- $36,154,000, of which $11,063,000 shall remain the Capitol Visitor Center, $21,276,000. ate. available until September 30, 2016. ADMINISTRATIVE PROVISIONS (c) PROHIBITION OF WAIVER UNDER CERTAIN CAPITOL GROUNDS (INCLUDING TRANSFER OF FUNDS) CIRCUMSTANCES.—The Chief may not exercise For all necessary expenses for care and im- the authority to waive a claim under subsection USE OF CONSTRUCTION PROJECT FUNDS TO REIM- provement of grounds surrounding the Capitol, BURSE CAPITOL POLICE FOR RELATED OVERTIME (a) if— the Senate and House office buildings, and the (1) in the Chief’s opinion, there exists in con- COSTS Capitol Power Plant, $9,852,000. nection with the claim an indication of fraud, SEC. 1201. (a) PAYMENT OF OVERTIME COSTS.— misrepresentation, fault, or lack of good faith SENATE OFFICE BUILDINGS The Architect of the Capitol shall transfer on the part of the officer, member, or employee For all necessary expenses for the mainte- amounts made available for construction involved or of any other person having an inter- nance, care and operation of Senate office projects during a fiscal year to the applicable est in obtaining a waiver of the claim; or buildings; and furniture and furnishings to be appropriations accounts of the United States (2) the Chief receives the application for the expended under the control and supervision of Capitol Police in order to reimburse the Capitol waiver after the expiration of the 3-year period the Architect of the Capitol, $71,128,000, of Police for overtime costs incurred in connection that begins on the date on which the erroneous which $13,128,000 shall remain available until with such projects. payment of pay or allowances was discovered. September 30, 2016. (b) EFFECTIVE DATE.—This section shall apply (d) CREDIT FOR WAIVER.—In the audit and HOUSE OFFICE BUILDINGS with respect to fiscal year 2013 and each suc- settlement of accounts of any accountable offi- ceeding fiscal year. For all necessary expenses for the mainte- cer or official, full credit shall be given for any TRANSFER TO ARCHITECT OF THE CAPITOL nance, care and operation of the House office amounts with respect to which collection by the buildings, $94,154,000, of which $45,631,000 shall SEC. 1202. (a) TRANSFER.—To the extent that United States is waived under subsection (a). remain available until September 30, 2016. the Director of the National Park Service has (e) EFFECT OF WAIVER.—An erroneous pay- In addition, for a payment to the House His- jurisdiction and control over any portion of the ment, the collection of which is waived under toric Buildings Revitalization Trust Fund, area described in subsection (b) and any monu- subsection (a), is deemed a valid payment for all $30,000,000, shall remain available until ex- ment or other facility which is located within purposes. pended. such area, such jurisdiction and control is here- (f) CONSTRUCTION WITH OTHER LAWS.—This by transferred to the Architect of the Capitol as CAPITOL POWER PLANT section does not affect any authority under any of the date of the enactment of this Act. other law to litigate, settle, compromise, or For all necessary expenses for the mainte- (b) AREA DESCRIBED.—The area described in waive any claim of the United States. nance, care and operation of the Capitol Power this subsection is the property which is bounded (g) RULES AND REGULATIONS.—Subject to the Plant; lighting, heating, power (including the on the north by Pennsylvania Avenue North- approval of the Chief Administrative Officer of purchase of electrical energy) and water and west, on the east by First Street Northwest and the House of Representatives and the Secretary sewer services for the Capitol, Senate and House First Street Southwest, on the south by Mary- of the Senate, the Chief shall promulgate rules office buildings, Library of Congress buildings, land Avenue Southwest, and on the west by and regulations to carry out this section. and the grounds about the same, Botanic Gar- Third Street Southwest and Third Street North- (h) EFFECTIVE DATE.—This section shall den, Senate garage, and air conditioning refrig- west. apply with respect to payments of pay and al- eration not supplied from plants in any of such LIBRARY OF CONGRESS lowances made at any time after the Chief be- buildings; heating the Government Printing Of- came the disbursing officer for the United States fice and Washington City Post Office, and heat- SALARIES AND EXPENSES Capitol Police pursuant to section 1018(a) of the ing and chilled water for air conditioning for For necessary expenses of the Library of Con- Legislative Branch Appropriations Act, 2003 (2 the Supreme Court Building, the Union Station gress not otherwise provided for, including de- U.S.C. 1907(a)). complex, the Thurgood Marshall Federal Judici- velopment and maintenance of the Library’s OFFICE OF COMPLIANCE ary Building and the Folger Shakespeare Li- catalogs; custody and custodial care of the Li- SALARIES AND EXPENSES brary, expenses for which shall be advanced or brary buildings; special clothing; cleaning, laundering and repair of uniforms; preservation For salaries and expenses of the Office of reimbursed upon request of the Architect of the of motion pictures in the custody of the Library; Compliance, as authorized by section 305 of the Capitol and amounts so received shall be depos- operation and maintenance of the American Congressional Accountability Act of 1995 (2 ited into the Treasury to the credit of this ap- Folklife Center in the Library; activities under U.S.C. 1385), $3,817,000, of which $700,000 shall propriation, $123,229,000, of which $37,617,000 the Civil Rights History Project Act of 2009; remain available until September 30, 2013: Pro- shall remain available until September 30, 2016: preparation and distribution of catalog records vided, That not more than $500 may be ex- Provided, That not more than $9,000,000 of the and other publications of the Library; hire or pended on the certification of the Executive Di- funds credited or to be reimbursed to this appro- purchase of one passenger motor vehicle; and rector of the Office of Compliance in connection priation as herein provided shall be available expenses of the Library of Congress Trust Fund with official representation and reception ex- for obligation during fiscal year 2012. Board not properly chargeable to the income of penses. LIBRARY BUILDINGS AND GROUNDS any trust fund held by the Board, $420,093,000, CONGRESSIONAL BUDGET OFFICE For all necessary expenses for the mechanical of which not more than $6,000,000 shall be de- SALARIES AND EXPENSES and structural maintenance, care and operation rived from collections credited to this appropria- For salaries and expenses necessary for oper- of the Library buildings and grounds, tion during fiscal year 2012, and shall remain ation of the Congressional Budget Office, in- $46,876,000, of which $21,116,000 shall remain available until expended, under the Act of June cluding not more than $6,000 to be expended on available until September 30, 2016. 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) the certification of the Director of the Congres- CAPITOL POLICE BUILDINGS, GROUNDS AND and not more than $350,000 shall be derived from sional Budget Office in connection with official SECURITY collections during fiscal year 2012 and shall re- representation and reception expenses, For all necessary expenses for the mainte- main available until expended for the develop- $43,787,000. nance, care and operation of buildings, grounds ment and maintenance of an international legal

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information database and activities related BOOKS FOR THE BLIND AND PHYSICALLY GOVERNMENT PRINTING OFFICE thereto: Provided, That the Library of Congress HANDICAPPED CONGRESSIONAL PRINTING AND BINDING may not obligate or expend any funds derived SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) from collections under the Act of June 28, 1902, in excess of the amount authorized for obliga- For salaries and expenses to carry out the Act For authorized printing and binding for the tion or expenditure in appropriations Acts: Pro- of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 Congress and the distribution of Congressional vided further, That the total amount available U.S.C. 135a), $50,674,000: Provided, That of the information in any format; printing and binding for obligation shall be reduced by the amount by total amount appropriated, $650,000 shall be for the Architect of the Capitol; expenses nec- essary for preparing the semimonthly and ses- which collections are less than $6,350,000: Pro- available to contract to provide newspapers to sion index to the Congressional Record, as au- vided further, That of the total amount appro- blind and physically handicapped residents at thorized by law (section 902 of title 44, United priated, not more than $12,000 may be expended, no cost to the individual. States Code); printing and binding of Govern- on the certification of the Librarian of Congress, ADMINISTRATIVE PROVISIONS ment publications authorized by law to be dis- in connection with official representation and REIMBURSABLE AND REVOLVING FUND tributed to Members of Congress; and printing, reception expenses for the Overseas Field Of- ACTIVITIES binding, and distribution of Government publi- fices: Provided further, That of the total amount cations authorized by law to be distributed appropriated, $6,959,000 shall remain available SEC. 1301. (a) IN GENERAL.—For fiscal year 2012, the obligational authority of the Library of without charge to the recipient, $90,700,000: Pro- until expended for the digital collections and vided, That this appropriation shall not be educational curricula program. Congress for the activities described in sub- section (b) may not exceed $169,725,000. available for paper copies of the permanent edi- tion of the Congressional Record for individual COPYRIGHT OFFICE (b) ACTIVITIES.—The activities referred to in Representatives, Resident Commissioners or Del- subsection (a) are reimbursable and revolving SALARIES AND EXPENSES egates authorized under section 906 of title 44, fund activities that are funded from sources United States Code: Provided further, That this other than appropriations to the Library in ap- For all necessary expenses of the Copyright appropriation shall be available for the payment propriations Acts for the legislative branch. Office, $51,650,000, of which not more than of obligations incurred under the appropriations $28,029,000, to remain available until expended, (c) TRANSFER OF FUNDS.—During fiscal year for similar purposes for preceding fiscal years: shall be derived from collections credited to this 2012, the Librarian of Congress may temporarily Provided further, That notwithstanding the 2- appropriation during fiscal year 2012 under sec- transfer funds appropriated in this Act, under year limitation under section 718 of title 44, tion 708(d) of title 17, United States Code: Pro- the heading ‘‘Library of Congress’’, under the United States Code, none of the funds appro- vided, That not more than $2,000,000 shall be de- subheading ‘‘Salaries and Expenses’’, to the re- priated or made available under this Act or any rived from prior year available unobligated bal- volving fund for the FEDLINK Program and the other Act for printing and binding and related ances: Provided further, That the Copyright Of- Federal Research Program established under services provided to Congress under chapter 7 of fice may not obligate or expend any funds de- section 103 of the Library of Congress Fiscal Op- title 44, United States Code, may be expended to rived from collections under such section, in ex- erations Improvement Act of 2000 (Public Law print a document, report, or publication after cess of the amount authorized for obligation or 106–481; 2 U.S.C. 182c): Provided, That the total the 27-month period beginning on the date that expenditure in appropriations Acts: Provided amount of such transfers may not exceed such document, report, or publication is author- further, That not more than $5,484,000 shall be $1,900,000: Provided further, That the appro- ized by Congress to be printed, unless Congress derived from collections during fiscal year 2012 priate revolving fund account shall reimburse reauthorizes such printing in accordance with under sections 111(d)(2), 119(b)(2), 803(e), 1005, the Library for any amounts transferred to it section 718 of title 44, United States Code: Pro- and 1316 of such title: Provided further, That before the period of availability of the Library vided further, That any unobligated or unex- the total amount available for obligation shall appropriation expires. pended balances in this account or accounts for be reduced by the amount by which collections TRANSFER AUTHORITY similar purposes for preceding fiscal years may and prior year available unobligated balances be transferred to the Government Printing Of- SEC. 1302. (a) IN GENERAL.—Amounts appro- fice revolving fund for carrying out the purposes are less than $35,513,000: Provided further, That priated for fiscal year 2012 for the Library of of this heading, subject to the approval of the not more than $100,000 of the amount appro- Congress may be transferred during fiscal year Committees on Appropriations of the House of priated is available for the maintenance of an 2012 between any of the headings under the Representatives and Senate: Provided further, ‘‘International Copyright Institute’’ in the heading ‘‘Library of Congress’’ upon the ap- That notwithstanding sections 901, 902, and 906 Copyright Office of the Library of Congress for proval of the Committees on Appropriations of of title 44, United States Code, this appropria- the purpose of training nationals of developing the House of Representatives and the Senate. countries in intellectual property laws and poli- tion may be used to prepare indexes to the Con- (b) LIMITATION.—Not more than 10 percent of cies: Provided further, That not more than gressional Record on only a monthly and ses- the total amount of funds appropriated to the $4,250 may be expended, on the certification of sion basis. account under any heading under the heading the Librarian of Congress, in connection with ‘‘Library of Congress’’ for fiscal year 2012 may OFFICE OF SUPERINTENDENT OF DOCUMENTS official representation and reception expenses be transferred from that account by all transfers SALARIES AND EXPENSES for activities of the International Copyright In- made under subsection (a). (INCLUDING TRANSFER OF FUNDS) stitute and for copyright delegations, visitors, and seminars: Provided further, That notwith- FUNDS AVAILABLE FOR WORKERS COMPENSATION For expenses of the Office of Superintendent standing any provision of chapter 8 of title 17, PAYMENTS of Documents necessary to provide for the cata- loging and indexing of Government publications United States Code, any amounts made avail- SEC. 1303. (a) IN GENERAL.—Available bal- and their distribution to the public, Members of able under this heading which are attributable ances of expired Library of Congress appropria- Congress, other Government agencies, and des- to royalty fees and payments received by the tions shall be available to the Library of Con- ignated depository and international exchange Copyright Office pursuant to sections 111, 119, gress to make the deposit to the credit of the libraries as authorized by law, $35,000,000: Pro- and chapter 10 of such title may be used for the Employees’ Compensation Fund required by vided, That amounts of not more than $2,000,000 costs incurred in the administration of the subsection 8147(b) of title 5, United States Code. from current year appropriations are authorized Copyright Royalty Judges program, with the ex- (b) EFFECTIVE DATE.—This section shall apply ception of the costs of salaries and benefits for for producing and disseminating congressional with respect to appropriations for fiscal year serial sets and other related publications for fis- the Copyright Royalty Judges and staff under 2012 and each fiscal year thereafter. section 802(e). cal years 2010 and 2011 to depository and other PERMITTING USE OF PROCEEDS FROM DISPOSITION designated libraries: Provided further, That any CONGRESSIONAL RESEARCH SERVICE OF SURPLUS OR OBSOLETE PERSONAL PROPERTY unobligated or unexpended balances in this ac- SEC. 1304. (a) DISPOSITION OF PROPERTY.— count or accounts for similar purposes for pre- SALARIES AND EXPENSES Within the limits of available appropriations, ceding fiscal years may be transferred to the For all necessary expenses to carry out the the Librarian of Congress may dispose of sur- Government Printing Office revolving fund for provisions of section 203 of the Legislative Reor- plus or obsolete personal property of the Library carrying out the purposes of this heading, sub- ganization Act of 1946 (2 U.S.C. 166) and to re- of Congress by interagency transfer, donation, ject to the approval of the Committees on Appro- vise and extend the Annotated Constitution of sale, trade-in, or other appropriate method. priations of the House of Representatives and the United States of America, $106,790,000: Pro- (b) USE OF PROCEEDS.—Any amounts received Senate. vided, That no part of such amount may be used by the Librarian of Congress from the disposi- GOVERNMENT PRINTING OFFICE REVOLVING to pay any salary or expense in connection with tion of property under subsection (a) shall be FUND any publication, or preparation of material credited to the funds available for the oper- For payment to the Government Printing Of- therefor (except the Digest of Public General ations of the Library of Congress, and shall be fice Revolving Fund, $500,000 for information Bills), to be issued by the Library of Congress available to acquire the same or similar property technology development: Provided, That the unless such publication has obtained prior ap- during the fiscal year in which the amounts are Government Printing Office is hereby author- proval of either the Committee on House Admin- received and the following fiscal year. ized to make such expenditures, within the lim- istration of the House of Representatives or the (c) EFFECTIVE DATE.—This section shall apply its of funds available and in accordance with Committee on Rules and Administration of the with respect to fiscal year 2012 and each suc- law, and to make such contracts and commit- Senate. ceeding fiscal year. ments without regard to fiscal year limitations

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00128 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.041 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9097 as provided by section 9104 of title 31, United OPEN WORLD LEADERSHIP CENTER TRUST SW, on the west, Square 582 on the south, and States Code, as may be necessary in carrying FUND the beginning of the I–395 tunnel on the south- out the programs and purposes set forth in the For a payment to the Open World Leadership east. budget for the current fiscal year for the Gov- Center Trust Fund for financing activities of the LIMITATION ON TRANSFERS ernment Printing Office revolving fund: Pro- Open World Leadership Center under section SEC. 208. None of the funds made available in vided further, That not more than $7,500 may be 313 of the Legislative Branch Appropriations this Act may be transferred to any department, expended on the certification of the Public Act, 2001 (2 U.S.C. 1151), $10,000,000. agency, or instrumentality of the United States Printer in connection with official representa- JOHN C. STENNIS CENTER FOR PUBLIC Government, except pursuant to a transfer made tion and reception expenses: Provided further, SERVICE TRAINING AND DEVELOPMENT by, or transfer authority provided in, this Act or That the revolving fund shall be available for any other appropriation Act. the hire or purchase of not more than 12 pas- For payment to the John C. Stennis Center for senger motor vehicles: Provided further, That Public Service Development Trust Fund estab- GUIDED TOURS OF THE CAPITOL expenditures in connection with travel expenses lished under section 116 of the John C. Stennis SEC. 209. (a) Except as provided in subsection of the advisory councils to the Public Printer Center for Public Service Training and Develop- (b), none of the funds made available to the Ar- shall be deemed necessary to carry out the pro- ment Act (2 U.S.C. 1105), $430,000. chitect of the Capitol in this Act may be used to visions of title 44, United States Code: Provided TITLE II eliminate or restrict guided tours of the United further, That the revolving fund shall be avail- GENERAL PROVISIONS States Capitol which are led by employees and interns of offices of Members of Congress and able for temporary or intermittent services under MAINTENANCE AND CARE OF PRIVATE VEHICLES section 3109(b) of title 5, United States Code, but other offices of the House of Representatives SEC. 201. No part of the funds appropriated in at rates for individuals not more than the daily and Senate. this Act shall be used for the maintenance or equivalent of the annual rate of basic pay for (b) At the direction of the Capitol Police care of private vehicles, except for emergency level V of the Executive Schedule under section Board, or at the direction of the Architect of the assistance and cleaning as may be provided 5316 of such title: Provided further, That activi- Capitol with the approval of the Capitol Police under regulations relating to parking facilities ties financed through the revolving fund may Board, guided tours of the United States Capitol for the House of Representatives issued by the provide information in any format: Provided which are led by employees and interns de- Committee on House Administration and for the further, That the revolving fund and the funds scribed in subsection (a) may be suspended tem- Senate issued by the Committee on Rules and provided under the headings ‘‘Office of Super- porarily or otherwise subject to restriction for Administration. intendent of Documents’’ and ‘‘Salaries and Ex- security or related reasons to the same extent as penses’’ may not be used for contracted security FISCAL YEAR LIMITATION guided tours of the United States Capitol which services at GPO’s passport facility in the Dis- SEC. 202. No part of the funds appropriated in are led by the Architect of the Capitol. trict of Columbia. this Act shall remain available for obligation be- SEC. 210. None of the funds made available in this Act may be used to deliver a printed copy GOVERNMENT ACCOUNTABILITY OFFICE yond fiscal year 2012 unless expressly so pro- vided in this Act. of a bill, joint resolution, or resolution to the of- SALARIES AND EXPENSES fice of a Member of the House of Representatives RATES OF COMPENSATION AND DESIGNATION For necessary expenses of the Government Ac- (including a Delegate or Resident Commissioner countability Office, including not more than SEC. 203. Whenever in this Act any office or to the Congress) unless the Member requests a $12,500 to be expended on the certification of the position not specifically established by the Leg- copy. Comptroller General of the United States in con- islative Pay Act of 1929 (46 Stat. 32 et seq.) is SEC. 211. None of the funds made available by nection with official representation and recep- appropriated for or the rate of compensation or this Act may be used to deliver a printed copy tion expenses; temporary or intermittent services designation of any office or position appro- of any version of the Congressional Record to under section 3109(b) of title 5, United States priated for is different from that specifically es- the office of a Member of the House of Rep- Code, but at rates for individuals not more than tablished by such Act, the rate of compensation resentatives (including a Delegate or Resident the daily equivalent of the annual rate of basic and the designation in this Act shall be the per- Commissioner to the Congress). pay for level IV of the Executive Schedule under manent law with respect thereto: Provided, That SEC. 212. None of the funds made available in section 5315 of such title; hire of one passenger the provisions in this Act for the various items this Act may be used by the Chief Administra- motor vehicle; advance payments in foreign of official expenses of Members, officers, and tive Officer of the House of Representatives to countries in accordance with section 3324 of title committees of the Senate and House of Rep- make any payments from any Members’ Rep- 31, United States Code; benefits comparable to resentatives, and clerk hire for Senators and resentational Allowance for the leasing of a ve- those payable under sections 901(5), (6), and (8) Members of the House of Representatives shall hicle, excluding mobile district offices, in an ag- of the Foreign Service Act of 1980 (22 U.S.C. be the permanent law with respect thereto. gregate amount that exceeds $1,000 for the vehi- 4081(5), (6), and (8)); and under regulations pre- CONSULTING SERVICES cle in any month. scribed by the Comptroller General of the United SEC. 204. The expenditure of any appropria- This division may be cited as the ‘‘Legislative States, rental of living quarters in foreign coun- tion under this Act for any consulting service Branch Appropriations Act, 2012’’. tries, $511,296,000: Provided, That, in addition, through procurement contract, under section DIVISON H—MILITARY CONSTRUCTION $22,304,000 of payments received under sections 3109 of title 5, United States Code, shall be lim- AND VETERANS AFFAIRS AND RELATED 782, 3521, and 9105 of title 31, United States ited to those contracts where such expenditures AGENCIES APPROPRIATIONS ACT, 2012 Code, shall be available without fiscal year limi- are a matter of public record and available for TITLE I tation: Provided further, That this appropria- public inspection, except where otherwise pro- DEPARTMENT OF DEFENSE tion and appropriations for administrative ex- vided under existing law, or under existing Ex- penses of any other department or agency which ecutive order issued under existing law. MILITARY CONSTRUCTION, ARMY is a member of the National Intergovernmental AWARDS AND SETTLEMENTS For acquisition, construction, installation, Audit Forum or a Regional Intergovernmental and equipment of temporary or permanent pub- SEC. 205. Such sums as may be necessary are Audit Forum shall be available to finance an lic works, military installations, facilities, and appropriated to the account described in sub- appropriate share of either Forum’s costs as de- real property for the Army as currently author- section (a) of section 415 of the Congressional termined by the respective Forum, including ized by law, including personnel in the Army Accountability Act of 1995 (2 U.S.C. 1415(a)) to necessary travel expenses of non-Federal par- Corps of Engineers and other personal services pay awards and settlements as authorized under ticipants: Provided further, That payments necessary for the purposes of this appropriation, such subsection. hereunder to the Forum may be credited as re- and for construction and operation of facilities imbursements to any appropriation from which COSTS OF LBFMC in support of the functions of the Commander in costs involved are initially financed. SEC. 206. Amounts available for administrative Chief, $3,006,491,000, to remain available until ADMINISTRATIVE PROVISION expenses of any legislative branch entity which September 30, 2016: Provided, That of this participates in the Legislative Branch Financial amount, not to exceed $229,741,000 shall be SEC. 1401. (a) Section 210 of the Legislative Managers Council (LBFMC) established by available for study, planning, design, architect Branch Appropriations Act, 2005 (2 U.S.C. 60q) charter on March 26, 1996, shall be available to and engineer services, and host nation support, is amended— finance an appropriate share of LBFMC costs as authorized by law, unless the Secretary of (1) by striking subsection (d); and as determined by the LBFMC, except that the Army determines that additional obligations are (2) in subsection (f)(2)(A), by striking ‘‘United total LBFMC costs to be shared among all par- necessary for such purposes and notifies the States Code’’ and inserting ‘‘United States Code, ticipating legislative branch entities (in such al- Committees on Appropriations of both Houses of but excluding the Government Accountability locations among the entities as the entities may Congress of the determination and the reasons Office’’. determine) may not exceed $2,000. therefor. (b) Section 3521(1) of title 5, United States Code, is amended by striking ‘‘section 105’’ and LANDSCAPE MAINTENANCE MILITARY CONSTRUCTION, NAVY AND MARINE inserting ‘‘section 105 (other than the Govern- SEC. 207. The Architect of the Capitol, in con- CORPS ment Accountability Office)’’. sultation with the District of Columbia, is au- For acquisition, construction, installation, (c) The amendments made by this section shall thorized to maintain and improve the landscape and equipment of temporary or permanent pub- apply with respect to voluntary separation in- features, excluding streets, in the irregular lic works, naval installations, facilities, and real centive payments made during fiscal year 2012 shaped grassy areas bounded by Washington property for the Navy and Marine Corps as cur- or any succeeding fiscal year. Avenue, SW, on the northeast, Second Street, rently authorized by law, including personnel in

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00129 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.041 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9098 CONGRESSIONAL RECORD — HOUSE December 15, 2011 the Naval Facilities Engineering Command and shall be available for study, planning, design, and for related expenses for the collective de- other personal services necessary for the pur- and architect and engineer services, as author- fense of the North Atlantic Treaty Area as au- poses of this appropriation, $2,112,823,000, to re- ized by law, unless the Director of the Army Na- thorized by section 2806 of title 10, United States main available until September 30, 2016: Pro- tional Guard determines that additional obliga- Code, and Military Construction Authorization vided, That of this amount, not to exceed tions are necessary for such purposes and noti- Acts, $247,611,000, to remain available until ex- $84,362,000 shall be available for study, plan- fies the Committees on Appropriations of both pended. ning, design, and architect and engineer serv- Houses of Congress of the determination and the FAMILY HOUSING CONSTRUCTION, ARMY ices, as authorized by law, unless the Secretary reasons therefor. For expenses of family housing for the Army of Navy determines that additional obligations MILITARY CONSTRUCTION, AIR NATIONAL GUARD for construction, including acquisition, replace- are necessary for such purposes and notifies the For construction, acquisition, expansion, re- ment, addition, expansion, extension, and alter- Committees on Appropriations of both Houses of habilitation, and conversion of facilities for the ation, as authorized by law, $176,897,000, to re- Congress of the determination and the reasons training and administration of the Air National main available until September 30, 2016. therefor. Guard, and contributions therefor, as author- FAMILY HOUSING OPERATION AND MAINTENANCE, MILITARY CONSTRUCTION, AIR FORCE ized by chapter 1803 of title 10, United States ARMY For acquisition, construction, installation, Code, and Military Construction Authorization For expenses of family housing for the Army and equipment of temporary or permanent pub- Acts, $116,246,000, to remain available until Sep- for operation and maintenance, including debt lic works, military installations, facilities, and tember 30, 2016: Provided, That of the amount payment, leasing, minor construction, principal real property for the Air Force as currently au- appropriated, not to exceed $12,225,000 shall be and interest charges, and insurance premiums, thorized by law, $1,227,058,000, to remain avail- available for study, planning, design, and ar- as authorized by law, $493,458,000. able until September 30, 2016: Provided, That of chitect and engineer services, as authorized by FAMILY HOUSING CONSTRUCTION, NAVY AND this amount, not to exceed $81,913,000 shall be law, unless the Director of the Air National MARINE CORPS available for study, planning, design, and ar- Guard determines that additional obligations For expenses of family housing for the Navy chitect and engineer services, as authorized by are necessary for such purposes and notifies the and Marine Corps for construction, including law, unless the Secretary of Air Force deter- Committees on Appropriations of both Houses of acquisition, replacement, addition, expansion, mines that additional obligations are necessary Congress of the determination and the reasons extension, and alteration, as authorized by law, for such purposes and notifies the Committees therefor. $100,972,000, to remain available until September on Appropriations of both Houses of Congress of MILITARY CONSTRUCTION, ARMY RESERVE 30, 2016. the determination and the reasons therefor. For construction, acquisition, expansion, re- FAMILY HOUSING OPERATION AND MAINTENANCE, MILITARY CONSTRUCTION, DEFENSE-WIDE habilitation, and conversion of facilities for the NAVY AND MARINE CORPS (INCLUDING TRANSFER OF FUNDS) training and administration of the Army Re- For expenses of family housing for the Navy For acquisition, construction, installation, serve as authorized by chapter 1803 of title 10, and Marine Corps for operation and mainte- and equipment of temporary or permanent pub- United States Code, and Military Construction nance, including debt payment, leasing, minor lic works, installations, facilities, and real prop- Authorization Acts, $280,549,000, to remain construction, principal and interest charges, erty for activities and agencies of the Depart- available until September 30, 2016: Provided, and insurance premiums, as authorized by law, ment of Defense (other than the military depart- That of the amount appropriated, not to exceed $367,863,000. ments), as currently authorized by law, $28,924,000 shall be available for study, plan- FAMILY HOUSING CONSTRUCTION, AIR FORCE $3,431,957,000, to remain available until Sep- ning, design, and architect and engineer serv- For expenses of family housing for the Air tember 30, 2016: Provided, That such amounts of ices, as authorized by law, unless the Chief of Force for construction, including acquisition, this appropriation as may be determined by the the Army Reserve determines that additional ob- replacement, addition, expansion, extension, Secretary of Defense may be transferred to such ligations are necessary for such purposes and and alteration, as authorized by law, appropriations of the Department of Defense notifies the Committees on Appropriations of $60,042,000, to remain available until September available for military construction or family both Houses of Congress of the determination 30, 2016. housing as the Secretary may designate, to be and the reasons therefor. FAMILY HOUSING OPERATION AND MAINTENANCE, merged with and to be available for the same MILITARY CONSTRUCTION, NAVY RESERVE AIR FORCE purposes, and for the same time period, as the For construction, acquisition, expansion, re- For expenses of family housing for the Air appropriation or fund to which transferred: habilitation, and conversion of facilities for the Force for operation and maintenance, including Provided further, That of the amount appro- training and administration of the reserve com- debt payment, leasing, minor construction, prin- priated, not to exceed $430,602,000 shall be avail- ponents of the Navy and Marine Corps as au- cipal and interest charges, and insurance pre- able for study, planning, design, and architect thorized by chapter 1803 of title 10, United miums, as authorized by law, $429,523,000. and engineer services, as authorized by law, un- States Code, and Military Construction Author- FAMILY HOUSING OPERATION AND MAINTENANCE, less the Secretary of Defense determines that ad- ization Acts, $26,299,000, to remain available ditional obligations are necessary for such pur- DEFENSE-WIDE until September 30, 2016: Provided, That of the For expenses of family housing for the activi- poses and notifies the Committees on Appropria- amount appropriated, not to exceed $2,591,000 tions of both Houses of Congress of the deter- ties and agencies of the Department of Defense shall be available for study, planning, design, (other than the military departments) for oper- mination and the reasons therefor: Provided and architect and engineer services, as author- further, That of the amount appropriated, not- ation and maintenance, leasing, and minor con- ized by law, unless the Secretary of the Navy struction, as authorized by law, $50,723,000. withstanding any other provision of law, determines that additional obligations are nec- DEPARTMENT OF DEFENSE FAMILY HOUSING $24,118,000 shall be available for payments to essary for such purposes and notifies the Com- IMPROVEMENT FUND the North Atlantic Treaty Organization for the mittees on Appropriations of both Houses of planning, design, and construction of a new Congress of the determination and the reasons For the Department of Defense Family Hous- North Atlantic Treaty Organization head- therefor. ing Improvement Fund, $2,184,000, to remain quarters: Provided further, That the Depart- available until expended, for family housing ini- MILITARY CONSTRUCTION, AIR FORCE RESERVE ment of Defense shall not award a design con- tiatives undertaken pursuant to section 2883 of tract to exceed the 20 percent design level for the For construction, acquisition, expansion, re- title 10, United States Code, providing alter- Landstuhl Regional Medical Center in Germany habilitation, and conversion of facilities for the native means of acquiring and improving mili- until the Secretary of Defense: (1) provides the training and administration of the Air Force Re- tary family housing and supporting facilities. Committees on Appropriations of the House of serve as authorized by chapter 1803 of title 10, HOMEOWNERS ASSISTANCE FUND United States Code, and Military Construction Representatives and the Senate a plan for im- For the Homeowners Assistance Fund estab- Authorization Acts, $33,620,000, to remain avail- plementing the recommendations of the Govern- lished by section 1013 of the Demonstration Cit- able until September 30, 2016: Provided, That of ment Accountability Office with respect to the ies and Metropolitan Development Act of 1966, the amount appropriated, not to exceed plans, baseline data, and estimated cost of the (42 U.S.C. 3374), as amended by section 1001 of facility; and (2) certifies in writing to the Com- $2,200,000 shall be available for study, planning, division A of the American Recovery and Rein- mittees that the facility is properly sized and design, and architect and engineer services, as vestment Act of 2009 (Public Law 111–5; 123 Stat. scoped to meet current and projected healthcare authorized by law, unless the Chief of the Air 194), $1,284,000, to remain available until ex- requirements. Force Reserve determines that additional obliga- pended: Provided, That the Secretary of Defense tions are necessary for such purposes and noti- MILITARY CONSTRUCTION, ARMY NATIONAL shall not issue any regulation or otherwise take fies the Committees on Appropriations of both GUARD any action to limit the submission prior to Sep- Houses of Congress of the determination and the tember 30, 2012, of applications for benefits, in- For construction, acquisition, expansion, re- reasons therefor. habilitation, and conversion of facilities for the cluding permanent change of station benefits, as training and administration of the Army Na- NORTH ATLANTIC TREATY ORGANIZATION provided under section 1013 of the Demonstra- tional Guard, and contributions therefor, as au- SECURITY INVESTMENT PROGRAM tion Cities and Metropolitan Development Act of thorized by chapter 1803 of title 10, United For the United States share of the cost of the 1966, (42 U.S.C. 3374), as amended. States Code, and Military Construction Author- North Atlantic Treaty Organization Security In- CHEMICAL DEMILITARIZATION CONSTRUCTION, ization Acts, $773,592,000, to remain available vestment Program for the acquisition and con- DEFENSE-WIDE until September 30, 2016: Provided, That of the struction of military facilities and installations For expenses of construction, not otherwise amount appropriated, not to exceed $20,671,000 (including international military headquarters) provided for, necessary for the destruction of

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the United States stockpile of lethal chemical SEC. 108. None of the funds made available in proceeds deposited to the Department of Defense agents and munitions in accordance with sec- this title may be used for the procurement of Base Closure Account established by section tion 1412 of the Department of Defense Author- steel for any construction project or activity for 207(a)(1) of the Defense Authorization Amend- ization Act, 1986 (50 U.S.C. 1521), and for the which American steel producers, fabricators, ments and Base Closure and Realignment Act destruction of other chemical warfare materials and manufacturers have been denied the oppor- (10 U.S.C. 2687 note) pursuant to section that are not in the chemical weapon stockpile, tunity to compete for such steel procurement. 207(a)(2)(C) of such Act, may be transferred to as currently authorized by law, $75,312,000, to SEC. 109. None of the funds available to the the account established by section 2906(a)(1) of remain available until September 30, 2016, which Department of Defense for military construction the Defense Base Closure and Realignment Act shall be only for the Assembled Chemical Weap- or family housing during the current fiscal year of 1990 (10 U.S.C. 2687 note), to be merged with, ons Alternatives program. may be used to pay real property taxes in any and to be available for the same purposes and DEPARTMENT OF DEFENSE BASE CLOSURE foreign nation. the same time period as that account. SEC. 110. None of the funds made available in ACCOUNT 1990 (INCLUDING TRANSFER OF FUNDS) this title may be used to initiate a new installa- SEC. 119. Subject to 30 days prior notification, For deposit into the Department of Defense tion overseas without prior notification to the or 14 days for a notification provided in an elec- Base Closure Account 1990, established by sec- Committees on Appropriations of both Houses of tronic medium pursuant to sections 480 and 2883 tion 2906(a)(1) of the Defense Base Closure and Congress. of title 10, United States Code, to the Committees Realignment Act of 1990 (10 U.S.C. 2687 note), SEC. 111. None of the funds made available in $323,543,000, to remain available until expended. this title may be obligated for architect and en- on Appropriations of both Houses of Congress, DEPARTMENT OF DEFENSE BASE CLOSURE gineer contracts estimated by the Government to such additional amounts as may be determined ACCOUNT 2005 exceed $500,000 for projects to be accomplished by the Secretary of Defense may be transferred For deposit into the Department of Defense in Japan, in any North Atlantic Treaty Organi- to: (1) the Department of Defense Family Hous- Base Closure Account 2005, established by sec- zation member country, or in countries bor- ing Improvement Fund from amounts appro- tion 2906A(a)(1) of the Defense Base Closure dering the Arabian Sea, unless such contracts priated for construction in ‘‘Family Housing’’ and Realignment Act of 1990 (10 U.S.C. 2687 are awarded to United States firms or United accounts, to be merged with and to be available note), $258,776,000, to remain available until ex- States firms in joint venture with host nation for the same purposes and for the same period of pended: Provided, That the Department of De- firms. time as amounts appropriated directly to the fense shall notify the Committees on Appropria- SEC. 112. None of the funds made available in Fund; or (2) the Department of Defense Military tions of both Houses of Congress 14 days prior to this title for military construction in the United Unaccompanied Housing Improvement Fund obligating an amount for a construction project States territories and possessions in the Pacific from amounts appropriated for construction of that exceeds or reduces the amount identified and on Kwajalein Atoll, or in countries bor- military unaccompanied housing in ‘‘Military for that project in the most recently submitted dering the Arabian Sea, may be used to award Construction’’ accounts, to be merged with and budget request for this account by 20 percent or any contract estimated by the Government to ex- to be available for the same purposes and for the $2,000,000, whichever is less: Provided further, ceed $1,000,000 to a foreign contractor: Provided, same period of time as amounts appropriated di- That the previous proviso shall not apply to That this section shall not be applicable to con- rectly to the Fund: Provided, That appropria- projects costing less than $5,000,000, except for tract awards for which the lowest responsive tions made available to the Funds shall be those projects not previously identified in any and responsible bid of a United States con- available to cover the costs, as defined in section budget submission for this account and exceed- tractor exceeds the lowest responsive and re- 502(5) of the Congressional Budget Act of 1974, ing the minor construction threshold under sec- sponsible bid of a foreign contractor by greater of direct loans or loan guarantees issued by the tion 2805 of title 10, United States Code. than 20 percent: Provided further, That this sec- Department of Defense pursuant to the provi- sions of subchapter IV of chapter 169 of title 10, ADMINISTRATIVE PROVISIONS tion shall not apply to contract awards for mili- tary construction on Kwajalein Atoll for which United States Code, pertaining to alternative SEC. 101. None of the funds made available in the lowest responsive and responsible bid is sub- means of acquiring and improving military fam- this title shall be expended for payments under ily housing, military unaccompanied housing, a cost-plus-a-fixed-fee contract for construction, mitted by a Marshallese contractor. SEC. 113. The Secretary of Defense shall in- and supporting facilities. where cost estimates exceed $25,000, to be per- form the appropriate committees of both Houses (INCLUDING TRANSFER OF FUNDS) formed within the United States, except Alaska, of Congress, including the Committees on Ap- without the specific approval in writing of the SEC. 120. In addition to any other transfer au- propriations, of plans and scope of any pro- Secretary of Defense setting forth the reasons thority available to the Department of Defense, posed military exercise involving United States therefor. amounts may be transferred from the accounts personnel 30 days prior to its occurring, if SEC. 102. Funds made available in this title for established by sections 2906(a)(1) and construction shall be available for hire of pas- amounts expended for construction, either tem- 2906A(a)(1) of the Defense Base Closure and Re- senger motor vehicles. porary or permanent, are anticipated to exceed alignment Act of 1990 (10 U.S.C. 2687 note), to SEC. 103. Funds made available in this title for $100,000. the fund established by section 1013(d) of the construction may be used for advances to the SEC. 114. Not more than 20 percent of the Demonstration Cities and Metropolitan Develop- Federal Highway Administration, Department funds made available in this title which are lim- ment Act of 1966 (42 U.S.C. 3374) to pay for ex- of Transportation, for the construction of access ited for obligation during the current fiscal year penses associated with the Homeowners Assist- roads as authorized by section 210 of title 23, shall be obligated during the last 2 months of ance Program incurred under 42 U.S.C. United States Code, when projects authorized the fiscal year. 3374(a)(1)(A). Any amounts transferred shall be SEC. 115. Funds appropriated to the Depart- therein are certified as important to the na- merged with and be available for the same pur- ment of Defense for construction in prior years tional defense by the Secretary of Defense. poses and for the same time period as the fund shall be available for construction authorized SEC. 104. None of the funds made available in to which transferred. this title may be used to begin construction of for each such military department by the au- SEC. 121. Notwithstanding any other provision new bases in the United States for which spe- thorizations enacted into law during the current of law, funds made available in this title for op- cific appropriations have not been made. session of Congress. eration and maintenance of family housing SEC. 116. For military construction or family SEC. 105. None of the funds made available in shall be the exclusive source of funds for repair this title shall be used for purchase of land or housing projects that are being completed with and maintenance of all family housing units, in- land easements in excess of 100 percent of the funds otherwise expired or lapsed for obligation, cluding general or flag officer quarters: Pro- value as determined by the Army Corps of Engi- expired or lapsed funds may be used to pay the vided, That not more than $35,000 per unit may neers or the Naval Facilities Engineering Com- cost of associated supervision, inspection, over- be spent annually for the maintenance and re- mand, except: (1) where there is a determination head, engineering and design on those projects pair of any general or flag officer quarters with- of value by a Federal court; (2) purchases nego- and on subsequent claims, if any. out 30 days prior notification, or 14 days for a SEC. 117. Notwithstanding any other provision tiated by the Attorney General or the designee notification provided in an electronic medium of law, any funds made available to a military of the Attorney General; (3) where the estimated pursuant to sections 480 and 2883 of title 10, department or defense agency for the construc- value is less than $25,000; or (4) as otherwise de- United States Code, to the Committees on Ap- tion of military projects may be obligated for a termined by the Secretary of Defense to be in propriations of both Houses of Congress, except military construction project or contract, or for the public interest. that an after-the-fact notification shall be sub- any portion of such a project or contract, at any SEC. 106. None of the funds made available in mitted if the limitation is exceeded solely due to this title shall be used to: (1) acquire land; (2) time before the end of the fourth fiscal year costs associated with environmental remediation provide for site preparation; or (3) install utili- after the fiscal year for which funds for such that could not be reasonably anticipated at the ties for any family housing, except housing for project were made available, if the funds obli- time of the budget submission: Provided further, which funds have been made available in an- gated for such project: (1) are obligated from That the Under Secretary of Defense (Comp- nual Acts making appropriations for military funds available for military construction troller) is to report annually to the Committees construction. projects; and (2) do not exceed the amount ap- on Appropriations of both Houses of Congress SEC. 107. None of the funds made available in propriated for such project, plus any amount by all operation and maintenance expenditures for this title for minor construction may be used to which the cost of such project is increased pur- each individual general or flag officer quarters transfer or relocate any activity from one base suant to law. for the prior fiscal year. or installation to another, without prior notifi- (INCLUDING TRANSFER OF FUNDS) SEC. 122. Amounts contained in the Ford Is- cation to the Committees on Appropriations of SEC. 118. In addition to any other transfer au- land Improvement Account established by sub- both Houses of Congress. thority available to the Department of Defense, section (h) of section 2814 of title 10, United

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00131 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.042 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9100 CONGRESSIONAL RECORD — HOUSE December 15, 2011 States Code, are appropriated and shall be (c) Nothing in this section shall be construed tary Construction, Army’’, $100,000,000; ‘‘Mili- available until expended for the purposes speci- to affect or limit the application of, or any obli- tary Construction, Navy and Marine Corps’’, fied in subsection (i)(1) of such section or until gation to comply with, any environmental law, $25,000,000; ‘‘Military Construction, Air Force’’, transferred pursuant to subsection (i)(3) of such including the Comprehensive Environmental Re- $32,000,000; and ‘‘Military Construction, De- section. sponse, Compensation, and Liability Act of 1980 fense-Wide’’, $131,400,000. SEC. 123. None of the funds made available in (42 U.S.C. 9601 et seq.) and the Solid Waste Dis- (INCLUDING RESCISSION OF FUNDS) this title, or in any Act making appropriations posal Act (42 U.S.C. 6901 et seq.). SEC. 132. Of the unobligated balances avail- for military construction which remain available (d) The Secretary of the Army may retain able for ‘‘Department of Defense Base Closure for obligation, may be obligated or expended to minimum essential ranges, facilities, and train- Account 2005’’, from prior appropriations Acts carry out a military construction, land acquisi- ing areas at Umatilla Chemical Depot, totaling (other than appropriations designated by law as tion, or family housing project at or for a mili- approximately 7,500 acres, as a training enclave being for contingency operations directly related tary installation approved for closure, or at a for the reserve components of the Armed Forces to the global war on terrorism or as an emer- military installation for the purposes of sup- to permit the conduct of individual and annual gency requirement), $258,776,000 are hereby re- porting a function that has been approved for training. scinded. realignment to another installation, in 2005 SEC. 127. None of the funds made available by TITLE II under the Defense Base Closure and Realign- this Act may be used by the Secretary of De- ment Act of 1990 (part A of title XXIX of Public fense to take beneficial occupancy of more than DEPARTMENT OF VETERANS AFFAIRS Law 101–510; 10 U.S.C. 2687 note), unless such a 2,000 parking spaces (other than handicap-re- VETERANS BENEFITS ADMINISTRATION project at a military installation approved for served spaces) to be provided by the BRAC 133 COMPENSATION AND PENSIONS realignment will support a continuing mission project: Provided, That this limitation may be (INCLUDING TRANSFER OF FUNDS) or function at that installation or a new mission waived in part if: (1) the Secretary of Defense For the payment of compensation benefits to or function that is planned for that installation, certifies to Congress that levels of service at ex- or on behalf of veterans and a pilot program for or unless the Secretary of Defense certifies that isting intersections in the vicinity of the project disability examinations as authorized by section the cost to the United States of carrying out have not experienced failing levels of service as 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of such project would be less than the cost to the defined by the Transportation Research Board title 38, United States Code; pension benefits to United States of cancelling such project, or if Highway Capacity Manual over a consecutive or on behalf of veterans as authorized by chap- the project is at an active component base that 90-day period; (2) the Department of Defense ters 15, 51, 53, 55, and 61 of title 38, United shall be established as an enclave or in the case and the Virginia Department of Transportation States Code; and burial benefits, the Reinstated of projects having multi-agency use, that an- agree on the number of additional parking Entitlement Program for Survivors, emergency other Government agency has indicated it will spaces that may be made available to employees and other officers’ retirement pay, adjusted- assume ownership of the completed project. The of the facility subject to continued 90-day traffic service credits and certificates, payment of pre- Secretary of Defense may not transfer funds monitoring; and (3) the Secretary of Defense no- miums due on commercial life insurance policies made available as a result of this limitation from tifies the congressional defense committees in guaranteed under the provisions of title IV of any military construction project, land acquisi- writing at least 14 days prior to exercising this the Servicemembers Civil Relief Act (50 U.S.C. tion, or family housing project to another ac- waiver of the number of additional parking App. 541 et seq.) and for other benefits as au- count or use such funds for another purpose or spaces to be made available: Provided further, thorized by sections 107, 1312, 1977, and 2106, project without the prior approval of the Com- That the Secretary of Defense shall implement and chapters 23, 51, 53, 55, and 61 of title 38, mittees on Appropriations of both Houses of the Department of Defense Inspector General United States Code, $51,237,567,000, to remain Congress. This section shall not apply to mili- recommendations outlined in report number available until expended: Provided, That not to tary construction projects, land acquisition, or DODIG–2012–024, and certify to Congress not exceed $32,187,000 of the amount appropriated family housing projects for which the project is later than 180 days after enactment of this Act under this heading shall be reimbursed to ‘‘Gen- vital to the national security or the protection of that the recommendations have been imple- eral operating expenses, Veterans Benefits Ad- health, safety, or environmental quality: Pro- mented. ministration’’, ‘‘Medical support and compli- vided, That the Secretary of Defense shall no- SEC. 128. None of the funds appropriated or ance’’, and ‘‘Information technology systems’’ tify the congressional defense committees within otherwise made available by this title may be ob- for necessary expenses in implementing the pro- seven days of a decision to carry out such a ligated or expended for a permanent United visions of chapters 51, 53, and 55 of title 38, military construction project. States Africa Command headquarters outside of United States Code, the funding source for (INCLUDING TRANSFER OF FUNDS) the United States until the Secretary of Defense which is specifically provided as the ‘‘Com- provides the congressional defense committees SEC. 124. During the 5-year period after ap- pensation and pensions’’ appropriation: Pro- propriations available in this Act to the Depart- an analysis of all military construction costs as- vided further, That such sums as may be earned ment of Defense for military construction and sociated with establishing a permanent location on an actual qualifying patient basis, shall be family housing operation and maintenance and overseas versus in the United States. reimbursed to ‘‘Medical care collections fund’’ SEC. 129. None of the funds made available by construction have expired for obligation, upon a to augment the funding of individual medical this Act may be used for any action that relates determination that such appropriations will not facilities for nursing home care provided to pen- to or promotes the expansion of the boundaries be necessary for the liquidation of obligations or sioners as authorized. or size of the Pinon Canyon Maneuver Site, Col- for making authorized adjustments to such ap- READJUSTMENT BENEFITS orado. propriations for obligations incurred during the SEC. 130. (a) Except as provided in subsection For the payment of readjustment and rehabili- period of availability of such appropriations, (b), none of the funds made available in this Act tation benefits to or on behalf of veterans as au- unobligated balances of such appropriations may be used by the Secretary of the Army to re- thorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, may be transferred into the appropriation ‘‘For- locate a unit in the Army that— 51, 53, 55, and 61 of title 38, United States Code, eign Currency Fluctuations, Construction, De- (1) performs a testing mission or function that $12,108,488,000, to remain available until ex- fense’’, to be merged with and to be available for is not performed by any other unit in the Army pended: Provided, That expenses for rehabilita- the same time period and for the same purposes and is specifically stipulated in title 10, United tion program services and assistance which the as the appropriation to which transferred. States Code; and Secretary is authorized to provide under sub- SEC. 125. Amounts appropriated or otherwise (2) is located at a military installation at section (a) of section 3104 of title 38, United made available in an account funded under the which the total number of civilian employees of States Code, other than under paragraphs (1), headings in this title may be transferred among the Department of the Army and Army con- (2), (5), and (11) of that subsection, shall be projects and activities within the account in ac- tractor personnel employed exceeds 10 percent of charged to this account. cordance with the reprogramming guidelines for the total number of members of the regular and VETERANS INSURANCE AND INDEMNITIES military construction and family housing con- reserve components of the Army assigned to the struction contained in Department of Defense For military and naval insurance, national installation. Financial Management Regulation 7000.14–R, service life insurance, servicemen’s indemnities, (b) EXCEPTION.—Subsection (a) shall not Volume 3, Chapter 7, of February 2009, as in ef- service-disabled veterans insurance, and vet- apply if the Secretary of the Army certifies to fect on the date of enactment of this Act. erans mortgage life insurance as authorized by the congressional defense committees that in SEC. 126. (a) Notwithstanding any other provi- chapters 19 and 21, title 38, United States Code, proposing the relocation of the unit of the sion of law, the Secretary of the Army shall $100,252,000, to remain available until expended. Army, the Secretary complied with Army Regu- close Umatilla Chemical Depot, Oregon, not VETERANS HOUSING BENEFIT PROGRAM FUND lation 5–10 relating to the policy, procedures, later than 1 year after the completion of chem- For the cost of direct and guaranteed loans, and responsibilities for Army stationing actions. ical demilitarization activities required under such sums as may be necessary to carry out the the Chemical Weapons Convention. (INCLUDING RESCISSIONS OF FUNDS) program, as authorized by subchapters I (b) The closure of the Umatilla Chemical SEC. 131. Of the unobligated balances avail- through III of chapter 37 of title 38, United Depot, Oregon, and subsequent management able under the following headings from prior States Code: Provided, That such costs, includ- and property disposal shall be carried out in ac- appropriations Acts (other than appropriations ing the cost of modifying such loans, shall be as cordance with procedures and authorities con- designated by law as being for contingency op- defined in section 502 of the Congressional tained in the Defense Base Closure and Realign- erations directly related to the global war on Budget Act of 1974: Provided further, That dur- ment Act of 1990 (part A of title XXIX of Public terrorism or as an emergency requirement), the ing fiscal year 2012, within the resources avail- Law 110–510; 10 U.S.C. 2687 note). following amounts are hereby rescinded: ‘‘Mili- able, not to exceed $500,000 in gross obligations

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for direct loans are authorized for specially MEDICAL FACILITIES of Veterans Affairs determines are necessary to adapted housing loans. For necessary expenses for the maintenance enable entitled veterans: (1) to the maximum ex- In addition, for administrative expenses to and operation of hospitals, nursing homes, tent feasible, to become employable and to ob- carry out the direct and guaranteed loan pro- domiciliary facilities, and other necessary facili- tain and maintain suitable employment; or (2) to grams, $154,698,000. ties of the Veterans Health Administration; for achieve maximum independence in daily living, VOCATIONAL REHABILITATION LOANS PROGRAM administrative expenses in support of planning, shall be charged to this account: Provided fur- ACCOUNT design, project management, real property ac- ther, That of the funds made available under For the cost of direct loans, $19,000, as au- quisition and disposition, construction, and ren- this heading, not to exceed $105,000,000 shall re- thorized by chapter 31 of title 38, United States ovation of any facility under the jurisdiction or main available until September 30, 2013: Pro- Code: Provided, That such costs, including the for the use of the Department; for oversight, en- vided further, That from the funds made avail- cost of modifying such loans, shall be as defined gineering, and architectural activities not able under this heading, the Veterans Benefits in section 502 of the Congressional Budget Act charged to project costs; for repairing, altering, Administration may purchase (on a one-for-one of 1974: Provided further, That funds made improving, or providing facilities in the several replacement basis only) up to two passenger available under this heading are available to hospitals and homes under the jurisdiction of motor vehicles for use in operations of that Ad- subsidize gross obligations for the principal the Department, not otherwise provided for, ei- ministration in Manila, Philippines. amount of direct loans not to exceed $3,019,000. ther by contract or by the hire of temporary em- INFORMATION TECHNOLOGY SYSTEMS In addition, for administrative expenses nec- ployees and purchase of materials; for leases of essary to carry out the direct loan program, facilities; and for laundry services, For necessary expenses for information tech- $343,000, which may be paid to the appropria- $5,441,000,000, plus reimbursements, shall become nology systems and telecommunications support, tion for ‘‘General operating expenses, Veterans available on October 1, 2012, and shall remain including developmental information systems Benefits Administration’’. available until September 30, 2013. and operational information systems; for pay NATIVE AMERICAN VETERAN HOUSING LOAN MEDICAL AND PROSTHETIC RESEARCH and associated costs; and for the capital asset acquisition of information technology systems, PROGRAM ACCOUNT For necessary expenses in carrying out pro- including management and related contractual For administrative expenses to carry out the grams of medical and prosthetic research and costs of said acquisitions, including contractual direct loan program authorized by subchapter V development as authorized by chapter 73 of title costs associated with operations authorized by of chapter 37 of title 38, United States Code, 38, United States Code, $581,000,000, plus reim- section 3109 of title 5, United States Code, $1,116,000. bursements, shall remain available until Sep- $3,111,376,000, plus reimbursements: Provided, VETERANS HEALTH ADMINISTRATION tember 30, 2013. That $915,000,000 shall be for pay and associ- MEDICAL SERVICES NATIONAL CEMETERY ADMINISTRATION ated costs, of which not to exceed $25,000,000 For necessary expenses for furnishing, as au- For necessary expenses of the National Ceme- shall remain available until September 30, 2013: thorized by law, inpatient and outpatient care tery Administration for operations and mainte- Provided further, That $1,616,018,000 shall be for and treatment to beneficiaries of the Depart- nance, not otherwise provided for, including operations and maintenance, of which not to ex- ment of Veterans Affairs and veterans described uniforms or allowances therefor; cemeterial ex- ceed $110,000,000 shall remain available until in section 1705(a) of title 38, United States Code, penses as authorized by law; purchase of one September 30, 2013: Provided further, That including care and treatment in facilities not passenger motor vehicle for use in cemeterial op- $580,358,000 shall be for information technology under the jurisdiction of the Department, and erations; hire of passenger motor vehicles; and systems development, modernization, and en- including medical supplies and equipment, food repair, alteration or improvement of facilities hancement, and shall remain available until services, and salaries and expenses of health under the jurisdiction of the National Cemetery September 30, 2013: Provided further, That none care employees hired under title 38, United Administration, $250,934,000, of which not to ex- of the funds made available under this heading States Code, aid to State homes as authorized by ceed $25,100,000 shall remain available until may be obligated until the Department of Vet- section 1741 of title 38, United States Code, as- September 30, 2013: Provided, That none of the erans Affairs submits to the Committees on Ap- sistance and support services for caregivers as funds under this heading may be used to ex- propriations of both Houses of Congress, and authorized by section 1720G of title 38, United pand the Urban Initiative project beyond those such Committees approve, a plan for expendi- States Code, and loan repayments authorized by sites outlined in the fiscal year 2012 or previous ture that: (1) meets the capital planning and in- section 604 of the Caregivers and Veterans Om- budget submissions until the National Cemetery vestment control review requirements established nibus Health Services Act of 2010 (Public Law Administration submits to the Committees on by the Office of Management and Budget; (2) 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note) Appropriations of both Houses of Congress a de- complies with the Department of Veterans Af- $41,354,000,000, plus reimbursements, shall be- tailed strategy to serve the burial needs of vet- fairs enterprise architecture; (3) conforms with come available on October 1, 2012, and shall re- erans residing in rural and highly rural areas: an established enterprise life cycle methodology; main available until September 30, 2013: Pro- Provided further, That the report shall include and (4) complies with the acquisition rules, re- vided, That notwithstanding any other provi- a timeline for implementation of such strategy quirements, guidelines, and systems acquisition sion of law, the Secretary of Veterans Affairs and cost estimates of establishing new burial management practices of the Federal Govern- shall establish a priority for the provision of sites in at least five rural or highly rural loca- ment: Provided further, That amounts made medical treatment for veterans who have serv- tions. available for information technology systems de- ice-connected disabilities, lower income, or have DEPARTMENTAL ADMINISTRATION velopment, modernization, and enhancement special needs: Provided further, That notwith- GENERAL ADMINISTRATION may not be obligated or expended until the Sec- standing any other provision of law, the Sec- retary of Veterans Affairs or the Chief Informa- (INCLUDING TRANSFER OF FUNDS) retary of Veterans Affairs shall give priority tion Officer of the Department of Veterans Af- funding for the provision of basic medical bene- For necessary operating expenses of the De- fairs submits to the Committees on Appropria- fits to veterans in enrollment priority groups 1 partment of Veterans Affairs, not otherwise pro- tions of both Houses of Congress a certification through 6: Provided further, That notwith- vided for, including administrative expenses in of the amounts, in parts or in full, to be obli- standing any other provision of law, the Sec- support of Department-Wide capital planning, gated and expended for each development retary of Veterans Affairs may authorize the management and policy activities, uniforms, or project: Provided further, That amounts made dispensing of prescription drugs from Veterans allowances therefor; not to exceed $25,000 for of- available for salaries and expenses, operations Health Administration facilities to enrolled vet- ficial reception and representation expenses; and maintenance, and information technology erans with privately written prescriptions based hire of passenger motor vehicles; and reimburse- systems development, modernization, and en- on requirements established by the Secretary: ment of the General Services Administration for hancement may be transferred among the three Provided further, That the implementation of security guard services, $416,737,000, of which subaccounts after the Secretary of Veterans Af- the program described in the previous proviso not to exceed $20,837,000 shall remain available fairs requests from the Committees on Appro- shall incur no additional cost to the Department until September 30, 2013: Provided, That funds priations of both Houses of Congress the author- of Veterans Affairs. provided under this heading may be transferred ity to make the transfer and an approval is MEDICAL SUPPORT AND COMPLIANCE to ‘‘General operating expenses, Veterans Bene- issued: Provided further, That the funds made For necessary expenses in the administration fits Administration’’. available under this heading for information of the medical, hospital, nursing home, domi- GENERAL OPERATING EXPENSES, VETERANS technology systems development, modernization, ciliary, construction, supply, and research ac- BENEFITS ADMINISTRATION and enhancement, shall be for the projects, and tivities, as authorized by law; administrative ex- For necessary operating expenses of the Vet- in the amounts, specified under this heading in penses in support of capital policy activities; erans Benefits Administration, not otherwise the Joint Explanatory Statement of the Com- and administrative and legal expenses of the provided for, including hire of passenger motor mittee of Conference. Department for collecting and recovering vehicles, reimbursement of the General Services OFFICE OF INSPECTOR GENERAL amounts owed the Department as authorized Administration for security guard services, and under chapter 17 of title 38, United States Code, reimbursement of the Department of Defense for For necessary expenses of the Office of In- and the Federal Medical Care Recovery Act (42 the cost of overseas employee mail, spector General, to include information tech- U.S.C. 2651 et seq.); $5,746,000,000, plus reim- $2,018,764,000: Provided, That expenses for serv- nology, in carrying out the provisions of the In- bursements, shall become available on October 1, ices and assistance authorized under para- spector General Act of 1978 (5 U.S.C. App.), 2012, and shall remain available until September graphs (1), (2), (5), and (11) of section 3104(a) of $112,391,000, of which $6,000,000 shall remain 30, 2013. title 38, United States Code, that the Secretary available until September 30, 2013.

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CONSTRUCTION, MAJOR PROJECTS GRANTS FOR CONSTRUCTION OF STATE EXTENDED may be fixed by the Secretary of Veterans Af- For constructing, altering, extending, and im- CARE FACILITIES fairs. proving any of the facilities, including parking For grants to assist States to acquire or con- SEC. 206. Appropriations available in this title projects, under the jurisdiction or for the use of struct State nursing home and domiciliary fa- for ‘‘Compensation and pensions’’, ‘‘Readjust- the Department of Veterans Affairs, or for any cilities and to remodel, modify, or alter existing ment benefits’’, and ‘‘Veterans insurance and of the purposes set forth in sections 316, 2404, hospital, nursing home, and domiciliary facili- indemnities’’ shall be available for payment of 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 ties in State homes, for furnishing care to vet- prior year accrued obligations required to be re- of title 38, United States Code, including plan- erans as authorized by sections 8131 through corded by law against the corresponding prior ning, architectural and engineering services, 8137 of title 38, United States Code, $85,000,000, year accounts within the last quarter of fiscal construction management services, maintenance to remain available until expended. year 2011. SEC. 207. Appropriations available in this title or guarantee period services costs associated GRANTS FOR CONSTRUCTION OF VETERANS shall be available to pay prior year obligations with equipment guarantees provided under the CEMETERIES project, services of claims analysts, offsite utility of corresponding prior year appropriations ac- For grants to assist States and tribal govern- and storm drainage system construction costs, counts resulting from sections 3328(a), 3334, and ments in establishing, expanding, or improving and site acquisition, where the estimated cost of 3712(a) of title 31, United States Code, except veterans cemeteries as authorized by section a project is more than the amount set forth in that if such obligations are from trust fund ac- 2408 of title 38, United States Code, $46,000,000, section 8104(a)(3)(A) of title 38, United States counts they shall be payable only from ‘‘Com- Code, or where funds for a project were made to remain available until expended. pensation and pensions’’. available in a previous major project appropria- ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) tion, $589,604,000, to remain available until ex- (INCLUDING TRANSFER OF FUNDS) SEC. 208. Notwithstanding any other provision pended, of which $5,000,000 shall be to make re- SEC. 201. Any appropriation for fiscal year of law, during fiscal year 2012, the Secretary of imbursements as provided in section 13 of the 2012 for ‘‘Compensation and pensions’’, ‘‘Read- Veterans Affairs shall, from the National Serv- Contract Disputes Act of 1978 (41 U.S.C. 612) for justment benefits’’, and ‘‘Veterans insurance ice Life Insurance Fund under section 1920 of claims paid for contract disputes: Provided, and indemnities’’ may be transferred as nec- title 38, United States Code, the Veterans’ Spe- That except for advance planning activities, in- essary to any other of the mentioned appropria- cial Life Insurance Fund under section 1923 of cluding needs assessments which may or may tions: Provided, That before a transfer may take title 38, United States Code, and the United not lead to capital investments, and other cap- place, the Secretary of Veterans Affairs shall re- States Government Life Insurance Fund under ital asset management related activities, includ- quest from the Committees on Appropriations of section 1955 of title 38, United States Code, reim- ing portfolio development and management ac- both Houses of Congress the authority to make burse the ‘‘General operating expenses, Veterans tivities, and investment strategy studies funded the transfer and such Committees issue an ap- Benefits Administration’’ and ‘‘Information through the advance planning fund and the proval, or absent a response, a period of 30 days technology systems’’ accounts for the cost of ad- planning and design activities funded through has elapsed. ministration of the insurance programs financed the design fund, including needs assessments (INCLUDING TRANSFER OF FUNDS) through those accounts: Provided, That reim- which may or may not lead to capital invest- SEC. 202. Amounts made available for the De- bursement shall be made only from the surplus ments, and salaries and associated costs of the partment of Veterans Affairs for fiscal year earnings accumulated in such an insurance pro- resident engineers who oversee those capital in- 2012, in this Act or any other Act, under the gram during fiscal year 2012 that are available vestments funded through this account, and ‘‘Medical services’’, ‘‘Medical support and com- for dividends in that program after claims have funds provided for the purchase of land for the pliance’’, and ‘‘Medical facilities’’ accounts may been paid and actuarially determined reserves National Cemetery Administration through the be transferred among the accounts: Provided, have been set aside: Provided further, That if land acquisition line item, none of the funds That any transfers between the ‘‘Medical serv- the cost of administration of such an insurance made available under this heading shall be used ices’’ and ‘‘Medical support and compliance’’ program exceeds the amount of surplus earnings for any project which has not been approved by accounts of 1 percent or less of the total amount accumulated in that program, reimbursement the Congress in the budgetary process: Provided appropriated to the account in this or any other shall be made only to the extent of such surplus further, That funds made available under this Act may take place subject to notification from earnings: Provided further, That the Secretary heading for fiscal year 2012, for each approved the Secretary of Veterans Affairs to the Commit- shall determine the cost of administration for project shall be obligated: (1) by the awarding of tees on Appropriations of both Houses of Con- fiscal year 2012 which is properly allocable to a construction documents contract by September gress of the amount and purpose of the transfer: the provision of each such insurance program 30, 2012; and (2) by the awarding of a construc- Provided further, That any transfers between and to the provision of any total disability in- tion contract by September 30, 2013: Provided the ‘‘Medical services’’ and ‘‘Medical support come insurance included in that insurance pro- further, That the Secretary of Veterans Affairs and compliance’’ accounts in excess of 1 per- gram. shall promptly submit to the Committees on Ap- cent, or exceeding the cumulative 1 percent for SEC. 209. Amounts deducted from enhanced- propriations of both Houses of Congress a writ- the fiscal year, may take place only after the use lease proceeds to reimburse an account for ten report on any approved major construction Secretary requests from the Committees on Ap- expenses incurred by that account during a project for which obligations are not incurred propriations of both Houses of Congress the au- prior fiscal year for providing enhanced-use within the time limitations established above. thority to make the transfer and an approval is lease services, may be obligated during the fiscal CONSTRUCTION, MINOR PROJECTS issued: Provided further, That any transfers to year in which the proceeds are received. For constructing, altering, extending, and im- or from the ‘‘Medical facilities’’ account may (INCLUDING TRANSFER OF FUNDS) proving any of the facilities, including parking take place only after the Secretary requests from SEC. 210. Funds available in this title or funds projects, under the jurisdiction or for the use of the Committees on Appropriations of both for salaries and other administrative expenses the Department of Veterans Affairs, including Houses of Congress the authority to make the shall also be available to reimburse the Office of planning and assessments of needs which may transfer and an approval is issued. Resolution Management of the Department of lead to capital investments, architectural and SEC. 203. Appropriations available in this title Veterans Affairs and the Office of Employment engineering services, maintenance or guarantee for salaries and expenses shall be available for Discrimination Complaint Adjudication under period services costs associated with equipment services authorized by section 3109 of title 5, section 319 of title 38, United States Code, for all guarantees provided under the project, services United States Code, hire of passenger motor ve- services provided at rates which will recover ac- of claims analysts, offsite utility and storm hicles; lease of a facility or land or both; and tual costs but not exceed $42,904,000 for the Of- drainage system construction costs, and site ac- uniforms or allowances therefore, as authorized fice of Resolution Management and $3,360,000 quisition, or for any of the purposes set forth in by sections 5901 through 5902 of title 5, United for the Office of Employment and Discrimina- sections 316, 2404, 2406, 8102, 8103, 8106, 8108, States Code. tion Complaint Adjudication: Provided, That 8109, 8110, 8122, and 8162 of title 38, United SEC. 204. No appropriations in this title (ex- payments may be made in advance for services States Code, where the estimated cost of a cept the appropriations for ‘‘Construction, to be furnished based on estimated costs: Pro- project is equal to or less than the amount set major projects’’, and ‘‘Construction, minor vided further, That amounts received shall be forth in section 8104(a)(3)(A) of title 38, United projects’’) shall be available for the purchase of credited to the ‘‘General administration’’ and States Code, $482,386,000, to remain available any site for or toward the construction of any ‘‘Information technology systems’’ accounts for until expended, along with unobligated balances new hospital or home. use by the office that provided the service. of previous ‘‘Construction, minor projects’’ ap- SEC. 205. No appropriations in this title shall SEC. 211. No appropriations in this title shall propriations which are hereby made available be available for hospitalization or examination be available to enter into any new lease of real for any project where the estimated cost is equal of any persons (except beneficiaries entitled to property if the estimated annual rental cost is to or less than the amount set forth in such sec- such hospitalization or examination under the more than $1,000,000, unless the Secretary sub- tion: Provided, That funds made available laws providing such benefits to veterans, and mits a report which the Committees on Appro- under this heading shall be for: (1) repairs to persons receiving such treatment under sections priations of both Houses of Congress approve any of the nonmedical facilities under the juris- 7901 through 7904 of title 5, United States Code, within 30 days following the date on which the diction or for the use of the Department which or the Robert T. Stafford Disaster Relief and report is received. are necessary because of loss or damage caused Emergency Assistance Act (42 U.S.C. 5121 et SEC. 212. No funds of the Department of Vet- by any natural disaster or catastrophe; and (2) seq.)), unless reimbursement of the cost of such erans Affairs shall be available for hospital temporary measures necessary to prevent or to hospitalization or examination is made to the care, nursing home care, or medical services pro- minimize further loss by such causes. ‘‘Medical services’’ account at such rates as vided to any person under chapter 17 of title 38,

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United States Code, for a non-service-connected SEC. 219. The Secretary of Veterans Affairs available: (1) for transfer to the Joint Depart- disability described in section 1729(a)(2) of such shall submit to the Committees on Appropria- ment of Defense-Department of Veterans Affairs title, unless that person has disclosed to the Sec- tions of both Houses of Congress a quarterly re- Medical Facility Demonstration Fund, estab- retary of Veterans Affairs, in such form as the port on the financial status of the Veterans lished by section 1704 of the National Defense Secretary may require, current, accurate third- Health Administration. Authorization Act for Fiscal Year 2010 (Public party reimbursement information for purposes of (INCLUDING TRANSFER OF FUNDS) Law 111–84; 123 Stat. 3571); and (2) for oper- section 1729 of such title: Provided, That the SEC. 220. Amounts made available under the ations of the facilities designated as combined Secretary may recover, in the same manner as ‘‘Medical services’’, ‘‘Medical support and com- Federal medical facilities as described by section any other debt due the United States, the rea- pliance’’, ‘‘Medical facilities’’, ‘‘General oper- 706 of the Duncan Hunter National Defense Au- sonable charges for such care or services from ating expenses, Veterans Benefits Administra- thorization Act for Fiscal Year 2009 (Public Law any person who does not make such disclosure tion’’, ‘‘General administration’’, and ‘‘National 110–417; 122 Stat. 4500). as required: Provided further, That any Cemetery Administration’’ accounts for fiscal (INCLUDING TRANSFER OF FUNDS) amounts so recovered for care or services pro- year 2012, may be transferred to or from the SEC. 226. Of the amounts available in this title vided in a prior fiscal year may be obligated by ‘‘Information technology systems’’ account: Pro- for ‘‘Medical services’’, ‘‘Medical support and the Secretary during the fiscal year in which vided, That before a transfer may take place, compliance’’, and ‘‘Medical facilities’’, a min- amounts are received. the Secretary of Veterans Affairs shall request imum of $15,000,000, shall be transferred to the (INCLUDING TRANSFER OF FUNDS) from the Committees on Appropriations of both DOD-VA Health Care Sharing Incentive Fund, SEC. 213. Notwithstanding any other provision Houses of Congress the authority to make the as authorized by section 8111(d) of title 38, of law, proceeds or revenues derived from en- transfer and an approval is issued. United States Code, to remain available until hanced-use leasing activities (including dis- (INCLUDING TRANSFER OF FUNDS) expended, for any purpose authorized by section posal) may be deposited into the ‘‘Construction, SEC. 221. Amounts made available for the ‘‘In- 8111 of title 38, United States Code. major projects’’ and ‘‘Construction, minor formation technology systems’’ account for de- (INCLUDING RESCISSIONS OF FUNDS) projects’’ accounts and be used for construction velopment, modernization, and enhancement SEC. 227. (a) Of the funds appropriated in title (including site acquisition and disposition), al- may be transferred between projects or to newly X of division B of Public Law 112–10, the fol- terations, and improvements of any medical fa- defined projects: Provided, That no project may lowing amounts which became available on Oc- cility under the jurisdiction or for the use of the be increased or decreased by more than tober 1, 2011, are hereby rescinded from the fol- Department of Veterans Affairs. Such sums as $1,000,000 of cost prior to submitting a request to lowing accounts in the amounts specified: realized are in addition to the amount provided the Committees on Appropriations of both (1) ‘‘Department of Veterans Affairs, Medical for in ‘‘Construction, major projects’’ and ‘‘Con- Houses of Congress to make the transfer and an services’’, $1,400,000,000. struction, minor projects’’. approval is issued, or absent a response, a pe- (2) ‘‘Department of Veterans Affairs, Medical SEC. 214. Amounts made available under riod of 30 days has elapsed. support and compliance’’, $100,000,000. ‘‘Medical services’’ are available— SEC. 222. None of the funds appropriated or (3) ‘‘Department of Veterans Affairs, Medical (1) for furnishing recreational facilities, sup- otherwise made available by this Act or any facilities’’, $250,000,000. plies, and equipment; and other Act for the Department of Veterans Af- (b) In addition to amounts provided elsewhere (2) for funeral expenses, burial expenses, and fairs may be used in a manner that is incon- in this Act, an additional amount is appro- other expenses incidental to funerals and bur- sistent with: (1) section 842 of the Transpor- priated to the following accounts in the ials for beneficiaries receiving care in the De- tation, Treasury, Housing and Urban Develop- amounts specified to remain available until Sep- partment. ment, the Judiciary, the District of Columbia, tember 30, 2013: (INCLUDING TRANSFER OF FUNDS) and Independent Agencies Appropriations Act, (1) ‘‘Department of Veterans Affairs, Medical SEC. 215. Such sums as may be deposited to 2006 (Public Law 109–115; 119 Stat. 2506); or (2) services’’, $1,400,000,000. the Medical Care Collections Fund pursuant to section 8110(a)(5) of title 38, United States Code. (2) ‘‘Department of Veterans Affairs, Medical section 1729A of title 38, United States Code, SEC. 223. Of the amounts made available to support and compliance’’, $100,000,000. may be transferred to ‘‘Medical services’’, to re- the Department of Veterans Affairs for fiscal (3) ‘‘Department of Veterans Affairs, Medical main available until expended for the purposes year 2012, in this Act or any other Act, under facilities’’, $250,000,000. of that account. the ‘‘Medical facilities’’ account for non- SEC. 228. The Secretary of the Department of SEC. 216. The Secretary of Veterans Affairs recurring maintenance, not more than 20 per- Veterans Affairs shall notify the Committees on may enter into agreements with Indian tribes cent of the funds made available shall be obli- Appropriations of both Houses of Congress of all and tribal organizations which are party to the gated during the last 2 months of that fiscal bid savings in major construction projects that Alaska Native Health Compact with the Indian year: Provided, That the Secretary may waive total at least $5,000,000, or 5 percent of the pro- Health Service, and Indian tribes and tribal or- this requirement after providing written notice grammed amount of the project, whichever is ganizations serving rural Alaska which have to the Committees on Appropriations of both less: Provided, That such notification shall entered into contracts with the Indian Health Houses of Congress. occur within 14 days of a contract identifying Service under the Indian Self Determination (INCLUDING TRANSFER OF FUNDS) the programmed amount: Provided further, That the Secretary shall notify the committees 14 and Educational Assistance Act, to provide SEC. 224. Of the amounts appropriated to the days prior to the obligation of such bid savings healthcare, including behavioral health and Department of Veterans Affairs for fiscal year and shall describe the anticipated use of such dental care. The Secretary shall require partici- 2012 for ‘‘Medical services’’, ‘‘Medical support savings. pating veterans and facilities to comply with all and compliance’’, ‘‘Medical facilities’’, ‘‘Con- SEC. 229. The scope of work for a project in- appropriate rules and regulations, as estab- struction, minor projects’’, and ‘‘Information cluded in ‘‘Construction, major projects’’ may lished by the Secretary. The term ‘‘rural Alas- technology systems’’, up to $241,666,000, plus re- not be increased above the scope specified for ka’’ shall mean those lands sited within the ex- imbursements, may be transferred to the Joint that project in the original justification data ternal boundaries of the Alaska Native regions Department of Defense-Department of Veterans provided to the Congress as part of the request specified in sections 7(a)(1)–(4) and (7)–(12) of Affairs Medical Facility Demonstration Fund, for appropriations. the Alaska Native Claims Settlement Act, as established by section 1704 of the National De- SEC. 230. (a) EXCEPTION WITH RESPECT TO amended (43 U.S.C. 1606), and those lands with- fense Authorization Act for Fiscal Year 2010 CONFIDENTIAL NATURE OF CLAIMS.—Section 5701 in the Alaska Native regions specified in sec- (Public Law 111–84; 123 Stat. 3571) and may be of title 38, United States Code, is amended by tions 7(a)(5) and 7(a)(6) of the Alaska Native used for operation of the facilities designated as adding at the end the following new subsection: Claims Settlement Act, as amended (43 U.S.C. combined Federal medical facilities as described ‘‘(l) Under regulations the Secretary shall pre- 1606), which are not within the boundaries of by section 706 of the Duncan Hunter National scribe, the Secretary may disclose information the Municipality of Anchorage, the Fairbanks Defense Authorization Act for Fiscal Year 2009 about a veteran or the dependent of a veteran to North Star Borough, the Kenai Peninsula Bor- (Public Law 110–417; 122 Stat. 4500): Provided, a State controlled substance monitoring pro- ough or the Matanuska Susitna Borough. That additional funds may be transferred from gram, including a program approved by the Sec- (INCLUDING TRANSFER OF FUNDS) accounts designated in this section to the Joint retary of Health and Human Services under sec- Department of Defense-Department of Veterans SEC. 217. Such sums as may be deposited to tion 399O of the Public Health Service Act (42 the Department of Veterans Affairs Capital Affairs Medical Facility Demonstration Fund U.S.C. 280g–3), to the extent necessary to pre- Asset Fund pursuant to section 8118 of title 38, upon written notification by the Secretary of vent misuse and diversion of prescription medi- United States Code, may be transferred to the Veterans Affairs to the Committees on Appro- cines.’’. priations of both Houses of Congress. ‘‘Construction, major projects’’ and ‘‘Construc- (b) EXCEPTION WITH RESPECT TO CONFIDEN- tion, minor projects’’ accounts, to remain avail- (INCLUDING TRANSFER OF FUNDS) TIALITY OF CERTAIN MEDICAL RECORDS.—Sec- able until expended for the purposes of these ac- SEC. 225. Such sums as may be deposited to tion 7332(b)(2) of title 38, United States Code, is counts. the Medical Care Collections Fund pursuant to amended by adding at the end the following SEC. 218. None of the funds made available in section 1729A of title 38, United States Code, for new subparagraph: this title may be used to implement any policy health care provided at facilities designated as ‘‘(G) To a State controlled substance moni- prohibiting the Directors of the Veterans Inte- combined Federal medical facilities as described toring program, including a program approved grated Services Networks from conducting out- by section 706 of the Duncan Hunter National by the Secretary of Health and Human Services reach or marketing to enroll new veterans with- Defense Authorization Act for Fiscal Year 2009 under section 399O of the Public Health Service in their respective Networks. (Public Law 110–417; 122 Stat. 4500) shall also be Act (42 U.S.C. 280g–3), to the extent necessary to

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prevent misuse and diversion of prescription cles for replacement on a one-for-one basis only, SEC. 503. Such sums as may be necessary for medicines.’’. and not to exceed $1,000 for official reception fiscal year 2012 for pay raises for programs SEC. 231. The Secretary of Veterans Affairs and representation expenses, $45,800,000, to re- funded by this Act shall be absorbed within the shall provide on a quarterly basis to the Com- main available until expended. In addition, levels appropriated in this Act. mittees on Appropriations of both Houses of such sums as may be necessary for parking SEC. 504. No part of any funds appropriated Congress notification of any single national out- maintenance, repairs and replacement, to be de- in this Act shall be used by an agency of the ex- reach and awareness marketing campaign in rived from the ‘‘Lease of Department of Defense ecutive branch, other than for normal and rec- which obligations exceed $2,000,000. The first re- Real Property for Defense Agencies’’ account. ognized executive-legislative relationships, for port shall be submitted no later than April 15, Funds appropriated under this Act may be publicity or propaganda purposes, and for the 2012. provided to Arlington County, Virginia, for the preparation, distribution, or use of any kit, SEC. 232. None of the funds made available by relocation of the federally owned water main at pamphlet, booklet, publication, radio, television, this Act may be used to declare as excess to the Arlington National Cemetery making additional or film presentation designed to support or de- needs of the Department of Veterans Affairs or land available for ground burials. feat legislation pending before Congress, except otherwise take any action to exchange, trade, ARMED FORCES RETIREMENT HOME in presentation to Congress itself. SEC. 505. All departments and agencies funded auction, transfer, or otherwise dispose of, or re- TRUST FUND duce the acreage of, Federal land and improve- under this Act are encouraged, within the limits For expenses necessary for the Armed Forces ments at the St. Albans campus, consisting of of the existing statutory authorities and fund- Retirement Home to operate and maintain the approximately 55 acres of land, with borders ing, to expand their use of ‘‘E–Commerce’’ tech- Armed Forces Retirement Home—Washington, near Linden Boulevard on the northwest, 115th nologies and procedures in the conduct of their District of Columbia, and the Armed Forces Re- Avenue on the west, the Long Island Railroad business practices and public service activities. tirement Home—Gulfport, Mississippi, to be paid on the northeast, and Baisley Boulevard on the SEC. 506. Unless stated otherwise, all reports from funds available in the Armed Forces Re- southeast. and notifications required by this Act shall be tirement Home Trust Fund, $67,700,000, of which SEC. 233. None of the funds made available in submitted to the Subcommittee on Military Con- this Act may be used to enter into a contract $2,000,000 shall remain available until expended struction and Veterans Affairs, and Related using procedures that do not give to small busi- for construction and renovation of the physical Agencies of the Committee on Appropriations of ness concerns owned and controlled by veterans plants at the Armed Forces Retirement Home— the House of Representatives and the Sub- (as that term is defined in section 3(q)(3) of the Washington, District of Columbia, and the committee on Military Construction and Vet- Small Business Act (15 U.S.C. 632(q)(3)) that are Armed Forces Retirement Home—Gulfport, Mis- erans Affairs, and Related Agencies of the Com- included in the database under section 8127(f) of sissippi. mittee on Appropriations of the Senate. title 38, United States Code, any preference GENERAL FUND PAYMENT, ARMED FORCES SEC. 507. None of the funds made available in available with respect to such contract, except RETIREMENT HOME this Act may be transferred to any department, for a preference given to small business concerns For payment to the ‘‘Armed Forces Retirement agency, or instrumentality of the United States owned and controlled by service-disabled vet- Home’’, $14,630,000, to remain available until ex- Government except pursuant to a transfer made erans (as defined in section 3(q)(2) of the Small pended, for expenses necessary to mitigate struc- by, or transfer authority provided in, this or Business Act (15 U.S.C. 632(q)(2)). tural damage sustained to buildings on the any other appropriations Act. SEC. 234. Section 315(b) of title 38, United Armed Forces Retirement Home—Washington, SEC. 508. None of the funds made available in States Code, is amended by striking ‘‘December District of Columbia, campus as a result of the this Act may be used for a project or program 31, 2011’’ and inserting ‘‘December 31, 2012’’. August 2011 earthquake. named for an individual serving as a Member, TITLE III TITLE IV Delegate, or Resident Commissioner of the United States House of Representatives. OVERSEAS CONTINGENCY OPERATIONS RELATED AGENCIES SEC. 509. (a) Any agency receiving funds made AMERICAN BATTLE MONUMENTS COMMISSION DEPARTMENT OF DEFENSE available in this Act, shall, subject to sub- SALARIES AND EXPENSES MILITARY CONSTRUCTION, ARMY sections (b) and (c), post on the public website For necessary expenses, not otherwise pro- For an additional amount for ‘‘Military Con- of that agency any report required to be sub- vided for, of the American Battle Monuments struction, Army’’, $80,000,000, to remain avail- mitted by the Congress in this or any other Act, Commission, including the acquisition of land or able until September 30, 2012: Provided, That upon the determination by the head of the agen- interest in land in foreign countries; purchases such amount is designated by the Congress for cy that it shall serve the national interest. (b) Subsection (a) shall not apply to a report and repair of uniforms for caretakers of na- Overseas Contingency Operations/Global War if— tional cemeteries and monuments outside of the on Terrorism pursuant to section 251(b)(2)(A) of (1) the public posting of the report com- United States and its territories and possessions; the Balanced Budget and Emergency Deficit Control Act of 1985. promises national security; or rent of office and garage space in foreign coun- (2) the report contains confidential or propri- MILITARY CONSTRUCTION, NAVY AND MARINE tries; purchase (one-for-one replacement basis etary information. CORPS only) and hire of passenger motor vehicles; not (c) The head of the agency posting such re- to exceed $7,500 for official reception and rep- For an additional amount for ‘‘Military Con- port shall do so only after such report has been resentation expenses; and insurance of official struction, Navy and Marine Corps’’, made available to the requesting Committee or motor vehicles in foreign countries, when re- $189,703,000, to remain available until September Committees of Congress for no less than 45 days. quired by law of such countries, $61,100,000, to 30, 2012: Provided, That such amount is des- SEC. 510. (a) None of the funds made available remain available until expended. ignated by the Congress for Overseas Contin- in this Act may be used to maintain or establish FOREIGN CURRENCY FLUCTUATIONS ACCOUNT gency Operations/Global War on Terrorism pur- a computer network unless such network blocks For necessary expenses, not otherwise pro- suant to section 251(b)(2)(A) of the Balanced the viewing, downloading, and exchanging of vided for, of the American Battle Monuments Budget and Emergency Deficit Control Act of pornography. Commission, such sums as may be necessary, to 1985. (b) Nothing in subsection (a) shall limit the remain available until expended, for purposes ADMINISTRATIVE PROVISIONS use of funds necessary for any Federal, State, authorized by section 2109 of title 36, United (INCLUDING RESCISSION OF FUNDS) tribal, or local law enforcement agency or any States Code. SEC. 401. Of the unobligated balances in title other entity carrying out criminal investiga- tions, prosecution, or adjudication activities. UNITED STATES COURT OF APPEALS FOR IV, division E of Public Law 111–117, SEC. 511. (a) IN GENERAL.—None of the funds VETERANS CLAIMS $269,703,000 are hereby rescinded: Provided, appropriated or otherwise made available to the SALARIES AND EXPENSES That such amount is designated by the Congress for Overseas Contingency Operations/Global Department of Defense in this Act may be used For necessary expenses for the operation of War on Terrorism pursuant to section to construct, renovate, or expand any facility in the United States Court of Appeals for Veterans 251(b)(2)(A) of the Balanced Budget and Emer- the United States, its territories, or possessions Claims as authorized by sections 7251 through gency Deficit Control Act of 1985. to house any individual detained at United 7298 of title 38, United States Code, $30,770,000: States Naval Station, Guantanamo Bay, Cuba, TITLE V Provided, That $2,726,323 shall be available for for the purposes of detention or imprisonment in the purpose of providing financial assistance as GENERAL PROVISIONS the custody or under the control of the Depart- described, and in accordance with the process SEC. 501. No part of any appropriation con- ment of Defense. and reporting procedures set forth, under this tained in this Act shall remain available for ob- (b) The prohibition in subsection (a) shall not heading in Public Law 102–229. ligation beyond the current fiscal year unless apply to any modification of facilities at United DEPARTMENT OF DEFENSE—CIVIL expressly so provided herein. States Naval Station, Guantanamo Bay, Cuba. SEC. 502. None of the funds made available in (c) An individual described in this subsection CEMETERIAL EXPENSES, ARMY this Act may be used for any program, project, is any individual who, as of June 24, 2009, is lo- SALARIES AND EXPENSES or activity, when it is made known to the Fed- cated at United States Naval Station, Guanta- For necessary expenses, as authorized by law, eral entity or official to which the funds are namo Bay, Cuba, and who— for maintenance, operation, and improvement of made available that the program, project, or ac- (1) is not a citizen of the United States or a Arlington National Cemetery and Soldiers’ and tivity is not in compliance with any Federal law member of the Armed Forces of the United Airmen’s Home National Cemetery, including relating to risk assessment, the protection of pri- States; and the purchase or lease of passenger motor vehi- vate property rights, or unfunded mandates. (2) is—

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(A) in the custody or under the effective con- (5) FEES AND PAYMENTS COLLECTED.—In addi- 1980 (Public Law 96–465), as it relates to post in- trol of the Department of Defense; or tion to amounts otherwise made available under spections. (B) otherwise under detention at United this heading— EDUCATIONAL AND CULTURAL EXCHANGE (A) not to exceed $1,753,991 shall be derived States Naval Station, Guantanamo Bay, Cuba. PROGRAMS SEC. 512. None of the funds appropriated or from fees collected from other executive agencies otherwise made available in this Act may be for lease or use of facilities located at the Inter- For expenses of educational and cultural ex- used by an agency of the executive branch to national Center in accordance with section 4 of change programs, as authorized, $583,200,000, to pay for first-class travel by an employee of the the International Center Act, and, in addition, remain available until expended: Provided, That agency in contravention of sections 301–10.122 as authorized by section 5 of such Act, $520,150, not to exceed $5,000,000, to remain available through 301–10.124 of title 41, Code of Federal to be derived from the reserve authorized by that until expended, may be credited to this appro- Regulations. section, to be used for the purposes set out in priation from fees or other payments received SEC. 513. None of the funds provided in this that section; from or in connection with English teaching, Act may be used to execute a contract for goods (B) as authorized by section 810 of the United educational advising and counseling programs, or services, including construction services, States Information and Educational Exchange and exchange visitor programs as authorized. where the contractor has not complied with Ex- Act, not to exceed $5,000,000, to remain available REPRESENTATION ALLOWANCES until expended, may be credited to this appro- ecutive Order No. 12989. For representation allowances as authorized, priation from fees or other payments received SEC. 514. None of the funds made available by $7,300,000. this Act may be used to enter into a contract, from English teaching, library, motion pictures, memorandum of understanding, or cooperative and publication programs and from fees from PROTECTION OF FOREIGN MISSIONS AND OFFICIALS agreement with, or to make a grant to, any cor- educational advising and counseling and ex- For expenses, not otherwise provided, to en- poration that was convicted of a felony criminal change visitor programs; and able the Secretary of State to provide for ex- violation under any Federal or State law within (C) not to exceed $15,000, which shall be de- traordinary protective services, as authorized, the preceding 24 months, where the awarding rived from reimbursements, surcharges and fees $27,000,000, to remain available until September agency is aware of the conviction, unless the for use of Blair House facilities. 30, 2013. agency has considered suspension or debarment (6) TRANSFER, REPROGRAMMING, AND OTHER MATTERS.— EMBASSY SECURITY, CONSTRUCTION, AND of the corporation and made a determination MAINTENANCE that this further action is not necessary to pro- (A) Notwithstanding any provision of this tect the interests of the Government. Act, funds may be reprogrammed within and be- For necessary expenses for carrying out the This division may be cited as the ‘‘Military tween subsections under this heading subject to Foreign Service Buildings Act of 1926 (22 U.S.C. Construction and Veterans Affairs, and Related section 7015 of this Act; 292–303), preserving, maintaining, repairing, Agencies Appropriations Act, 2012’’. (B) Of the amount made available under this and planning for buildings that are owned or heading, not to exceed $10,000,000 may be trans- directly leased by the Department of State, ren- DIVISION I—DEPARTMENT OF STATE, FOR- ferred to, and merged with, funds made avail- ovating, in addition to funds otherwise avail- EIGN OPERATIONS, AND RELATED PRO- able by this Act under the heading ‘‘Emer- able, the Harry S Truman Building, and car- GRAMS APPROPRIATIONS ACT, 2012 gencies in the Diplomatic and Consular Serv- rying out the Diplomatic Security Construction TITLE I ice’’, to be available only for emergency evacu- Program as authorized, $762,000,000, to remain DEPARTMENT OF STATE AND RELATED ations and rewards, as authorized; and available until expended as authorized, of AGENCY (C) Funds appropriated under this heading which not to exceed $25,000 may be used for do- are available for acquisition by exchange or DEPARTMENT OF STATE mestic and overseas representation as author- purchase of passenger motor vehicles as author- ized: Provided, That none of the funds appro- ADMINISTRATION OF FOREIGN AFFAIRS ized by law and, pursuant to 31 U.S.C. 1108(g), priated in this paragraph shall be available for DIPLOMATIC AND CONSULAR PROGRAMS for the field examination of programs and ac- acquisition of furniture, furnishings, or genera- (INCLUDING TRANSFER OF FUNDS) tivities in the United States funded from any ac- tors for other departments and agencies. count contained in this title. For necessary expenses of the Department of In addition, for the costs of worldwide secu- (D) Of the amount made available under this rity upgrades, acquisition, and construction as State and the Foreign Service not otherwise pro- heading, up to $6,000,000 may be transferred to, vided for, $6,550,947,000, of which up to authorized, $775,000,000, to remain available and merged with, funds made available by this until expended: Provided, That not later than 45 $1,355,000,000 is for Worldwide Security Protec- Act under the heading ‘‘Department of State, tion (to remain available until expended): Pro- days after enactment of this Act, the Secretary Administration of Foreign Affairs, Capital In- of State shall submit to the Committees on Ap- vided, That funds made available under this vestment Fund’’: Provided, That the transfer heading shall be allocated as follows: propriations the proposed allocation of funds authority of this subparagraph is in addition to made available under this heading and the ac- (1) HUMAN RESOURCES.—For necessary ex- any other transfer authority available to the penses for training, human resources manage- tual and anticipated proceeds of sales for all Secretary of State. projects in fiscal year 2012. ment, and salaries, including employment with- (E)(i) The headings ‘‘Civilian Stabilization out regard to civil service and classification Initiative’’ in titles I and II of prior acts making EMERGENCIES IN THE DIPLOMATIC AND CONSULAR laws of persons on a temporary basis (not to ex- appropriations for the Department of State, for- SERVICE ceed $700,000), as authorized by section 801 of eign operations, and related programs shall be (INCLUDING TRANSFER OF FUNDS) the United States Information and Educational renamed ‘‘Conflict Stabilization Operations’’. For necessary expenses to enable the Sec- Exchange Act of 1948, $2,277,862,000, to remain (ii) Of the funds appropriated under this available until September 30, 2013, of which not retary of State to meet unforeseen emergencies heading, up to $35,000,000, to remain available arising in the Diplomatic and Consular Service, less than $121,814,000 shall be available only for until expended, may be transferred to, and public diplomacy American salaries, and up to $9,300,000, to remain available until expended as merged with, funds previously made available authorized, of which not to exceed $1,000,000 $203,800,000 is for Worldwide Security Protection under the heading ‘‘Conflict Stabilization Oper- and shall remain available until expended. may be transferred to, and merged with, funds ations’’ in title I of prior acts making appropria- appropriated by this Act under the heading (2) OVERSEAS PROGRAMS.—For necessary ex- tions for the Department of State, foreign oper- penses for the regional bureaus of the Depart- ‘‘Repatriation Loans Program Account’’, subject ations and related programs, as amended by to the same terms and conditions. ment of State and overseas activities as author- subparagraph (i). ized by law, $2,109,293,000, to remain available (F) None of the funds appropriated under this REPATRIATION LOANS PROGRAM ACCOUNT until September 30, 2013, of which not less than heading may be used for the preservation of reli- (INCLUDING TRANSFER OF FUNDS) $347,572,000 shall be available only for public di- gious sites unless the Secretary of State deter- For the cost of direct loans, $1,447,000, as au- plomacy international information programs. mines and reports to the Committees on Appro- thorized, of which $710,000 may be made avail- (3) DIPLOMATIC POLICY AND SUPPORT.—For priations that such sites are historically, artis- able for administrative expenses necessary to necessary expenses for the functional bureaus of tically, or culturally significant, that the pur- carry out the direct loan program and may be the Department of State including representa- pose of the project is neither to advance nor to paid to ‘‘Diplomatic and Consular Programs’’: tion to certain international organizations in inhibit the free exercise of religion, and that the Provided, That such costs, including the cost of which the United States participates pursuant project is in the national interest of the United modifying such loans, shall be as defined in sec- to treaties ratified pursuant to the advice and States. consent of the Senate or specific Acts of Con- tion 502 of the Congressional Budget Act of 1974. CAPITAL INVESTMENT FUND gress, general administration, and arms control, PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN nonproliferation and disarmament activities as For necessary expenses of the Capital Invest- ment Fund, $59,380,000, to remain available For necessary expenses to carry out the Tai- authorized, $822,513,000, to remain available wan Relations Act (Public Law 96–8), until September 30, 2013. until expended, as authorized: Provided, That section 135(e) of Public Law 103–236 shall not $21,108,000. (4) SECURITY PROGRAMS.—For necessary ex- penses for security activities, $1,341,279,000, to apply to funds available under this heading. PAYMENT TO THE FOREIGN SERVICE RETIREMENT remain available until September 30, 2013, of OFFICE OF INSPECTOR GENERAL AND DISABILITY FUND which up to $1,151,200,000 is for Worldwide Se- For necessary expenses of the Office of In- For payment to the Foreign Service Retire- curity Protection and shall remain available spector General, $61,904,000, notwithstanding ment and Disability Fund, as authorized, until expended. section 209(a)(1) of the Foreign Service Act of $158,900,000.

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INTERNATIONAL ORGANIZATIONS mines that American manufacturers and sup- authorized by law, $36,300,000: Provided, That CONTRIBUTIONS TO INTERNATIONAL pliers are not being given opportunities to pro- the United States share of such expenses may be ORGANIZATIONS vide equipment, services, and material for advanced to the respective commissions pursu- For necessary expenses, not otherwise pro- United Nations peacekeeping activities equal to ant to 31 U.S.C. 3324. vided for, to meet annual obligations of member- those being given to foreign manufacturers and RELATED AGENCY suppliers: Provided further, That the Secretary ship in international multilateral organizations, BROADCASTING BOARD OF GOVERNORS pursuant to treaties ratified pursuant to the ad- of State shall work with the United Nations and vice and consent of the Senate, conventions or governments contributing peacekeeping troops INTERNATIONAL BROADCASTING OPERATIONS specific Acts of Congress, $1,449,700,000: Pro- to develop effective vetting procedures to ensure For necessary expenses to enable the Broad- vided, That the Secretary of State shall, at the that such troops have not violated human casting Board of Governors (BBG), as author- time of the submission of the President’s budget rights: Provided further, That none of the funds ized, to carry out international communication to Congress under section 1105(a) of title 31, appropriated or otherwise made available under activities, and to make and supervise grants for United States Code, transmit to the Committees this heading may be used for any United Na- radio and television broadcasting to the Middle on Appropriations the most recent biennial tions peacekeeping mission that will involve East, $740,100,000: Provided, That funds appro- budget prepared by the United Nations for the United States Armed Forces under the command priated under this heading shall be made avail- operations of the United Nations: Provided fur- or operational control of a foreign national, un- able to expand unrestricted access to informa- ther, That the Secretary of State shall notify the less the President’s military advisors have sub- tion on the Internet through the development Committees on Appropriations at least 15 days mitted to the President a recommendation that and use of circumvention and secure commu- in advance (or in an emergency, as far in ad- such involvement is in the national interests of nication technologies: Provided further, That vance as is practicable) of any United Nations the United States and the President has sub- the circumvention technologies and programs action to increase funding for any United Na- mitted to the Congress such a recommendation: supported by such funds shall undergo a review, tions program without identifying an offsetting Provided further, That notwithstanding any to include an assessment of protections against decrease elsewhere in the United Nations budg- other provision of law, funds appropriated or such technologies being used for illicit purposes: et: Provided further, That the Secretary of State otherwise made available under this heading Provided further, That the BBG shall coordi- shall report to the Committees on Appropria- shall be available for United States assessed nate the development and use of such tech- tions not later than May 1, 2012, on any credits contributions up to the amount specified in nologies with the Secretary of State, as appro- available to the United States from the United Annex IV accompanying United Nations Gen- priate: Provided further, That of the total Nations Tax Equalization Fund (TEF) and pro- eral Assembly Resolution 64/220: Provided fur- amount appropriated under this heading, not to vide updated fiscal year 2013 assessment costs ther, That such funds may be made available exceed $16,000 may be used for official recep- including offsets from available TEF credits and above the amount authorized in section tions within the United States as authorized, updated foreign currency exchange rates: Pro- 404(b)(2)(B) of the Foreign Relations Authoriza- not to exceed $35,000 may be used for represen- vided further, That any such credits shall only tion Act, fiscal years 1994 and 1995 (22 U.S.C. tation abroad as authorized, and not to exceed be available for United States assessed contribu- 287e note) only if the Secretary of State deter- $39,000 may be used for official reception and tions to the United Nations and shall be subject mines and reports to the Committees on Appro- representation expenses of Radio Free Europe/ to the regular notification procedures of the priations, the Committee on Foreign Affairs of Radio Liberty: Provided further, That the au- Committees on Appropriations: Provided fur- the House of Representatives, and the Com- thority provided by section 504(c) of the Foreign ther, That any payment of arrearages under mittee on Foreign Relations of the Senate that it Relations Authorization Act, Fiscal Year 2003 this heading shall be directed toward activities is important to the national interest of the (Public Law 107–228; 22 U.S.C. 6206 note) shall that are mutually agreed upon by the United United States: Provided further, That the Sec- remain in effect through September 30, 2012: States and the respective international organi- retary of State shall report to the Committees on Provided further, That the BBG shall notify the zation: Provided further, That none of the Appropriations not later than May 1, 2012, of Committees on Appropriations within 15 days of funds appropriated under this heading shall be any credits available to the United States result- any determination by the Board that any of its available for a United States contribution to an ing from United Nations peacekeeping missions broadcast entities, including its grantee organi- international organization for the United States or the United Nations Tax Equalization Fund: zations, provides an open platform for inter- share of interest costs made known to the Provided further, That any such credits shall national terrorists or those who support inter- United States Government by such organization only be available for United States assessed con- national terrorism, or is in violation of the prin- for loans incurred on or after October 1, 1984, tributions to the United Nations and shall be ciples and standards set forth in the United through external borrowings. subject to the regular notification procedures of States International Broadcasting Act of 1994 CONTRIBUTIONS FOR INTERNATIONAL the Committees on Appropriations. (22 U.S.C. 6202(a) and (b)) or the entity’s jour- PEACEKEEPING ACTIVITIES INTERNATIONAL COMMISSIONS nalistic code of ethics: Provided further, That For necessary expenses to pay assessed and For necessary expenses, not otherwise pro- significant modifications to BBG broadcast other expenses of international peacekeeping ac- vided for, to meet obligations of the United hours previously justified to Congress, including tivities directed to the maintenance or restora- States arising under treaties, or specific Acts of changes to transmission platforms (shortwave, tion of international peace and security, Congress, as follows: medium wave, satellite, Internet, and tele- $1,828,182,000, of which 15 percent shall remain INTERNATIONAL BOUNDARY AND WATER vision), for all BBG language services shall be available until September 30, 2013: Provided, COMMISSION, UNITED STATES AND MEXICO subject to the regular notification procedures of That none of the funds made available by this the Committees on Appropriations: Provided For necessary expenses for the United States Act shall be obligated or expended for any new further, That in addition to funds made avail- Section of the International Boundary and or expanded United Nations peacekeeping mis- able under this heading, and notwithstanding Water Commission, United States and Mexico, sion unless, at least 15 days in advance of vot- any other provision of law, up to $2,000,000 in and to comply with laws applicable to the ing for the new or expanded mission in the receipts from advertising and revenue from busi- United States Section, including not to exceed United Nations Security Council (or in an emer- ness ventures, up to $500,000 in receipts from co- $6,000 for representation; as follows: gency as far in advance as is practicable), the operating international organizations, and up Committees on Appropriations are notified: (1) SALARIES AND EXPENSES to $1,000,000 in receipts from privatization ef- of the estimated cost and duration of the mis- For salaries and expenses, not otherwise pro- forts of the Voice of America and the Inter- sion, the national interest that will be served, vided for, $44,722,000. national Broadcasting Bureau, to remain avail- and the exit strategy; (2) that the United Na- CONSTRUCTION able until expended for carrying out authorized tions has taken necessary measures to prevent For detailed plan preparation and construc- purposes. United Nations employees, contractor personnel, tion of authorized projects, $31,453,000, to re- BROADCASTING CAPITAL IMPROVEMENTS and peacekeeping troops serving in the mission main available until expended, as authorized. For the purchase, rent, construction, and im- from trafficking in persons, exploiting victims of AMERICAN SECTIONS, INTERNATIONAL provement of facilities for radio and television trafficking, or committing acts of illegal sexual COMMISSIONS transmission and reception, and purchase and exploitation or other violations of human rights, installation of necessary equipment for radio and to bring to justice individuals who engage For necessary expenses, not otherwise pro- and television transmission and reception, in- in such acts while participating in the peace- vided, for the International Joint Commission cluding to Cuba, as authorized, $7,030,000, to re- keeping mission, including prosecution in their and the International Boundary Commission, main available until expended, as authorized. home countries of such individuals in connec- United States and Canada, as authorized by tion with such acts, and to make information treaties between the United States and Canada RELATED PROGRAMS or Great Britain, and the Border Environment about such cases publicly available in the coun- THE ASIA FOUNDATION try where an alleged crime occurs and on the Cooperation Commission as authorized by Pub- lic Law 103–182, $11,687,000: Provided, That of For a grant to The Asia Foundation, as au- United Nations’ Web site; and (3) pursuant to thorized by The Asia Foundation Act (22 U.S.C. section 7015 of this Act, and the procedures the amount provided under this heading for the International Joint Commission, $9,000 may be 4402), $17,000,000, to remain available until ex- therein followed, setting forth the source of pended, as authorized. funds that will be used to pay the cost of the made available for representation expenses. new or expanded mission: Provided further, INTERNATIONAL FISHERIES COMMISSIONS UNITED STATES INSTITUTE OF PEACE That funds shall be available for peacekeeping For necessary expenses for international fish- For necessary expenses of the United States expenses unless the Secretary of State deter- eries commissions, not otherwise provided for, as Institute of Peace, as authorized by the United

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00138 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9107 States Institute of Peace Act, $30,589,000, to re- ligious Freedom Act of 1998 (Public Law 105– priated under this heading during fiscal year main available until September 30, 2013, which 292), $3,000,000, to remain available until Sep- 2013 may entail commitments for the expenditure shall not be used for construction activities. tember 30, 2013: Provided, That section 209 of of such funds through the following fiscal year: CENTER FOR MIDDLE EASTERN-WESTERN the International Religious Freedom Act of 1998 Provided further, That any decision to open a DIALOGUE TRUST FUND (22 U.S.C. 6436) shall be applied by substituting new or reorganized USAID mission, bureau, ‘‘September 30, 2012’’ for ‘‘September 30, 2011’’: center, or office or, except where there is a sub- For necessary expenses of the Center for Mid- Provided further, That notwithstanding the ex- stantial security risk to mission personnel, to dle Eastern-Western Dialogue Trust Fund, as penditure limitation specified in section 208(c)(1) close or significantly reduce the number of per- authorized by section 633 of the Departments of of such Act (22 U.S.C. 6435a(c)(1)), the Commis- sonnel of any such mission or office, shall be Commerce, Justice, and State, the Judiciary, sion may expend up to $250,000 of the funds subject to the regular notification procedures of and Related Agencies Appropriations Act, 2004 made available under this heading to procure the Committees on Appropriations: Provided (22 U.S.C. 2078), the total amount of the interest temporary and intermittent services under the further, That the authority of sections 610 and and earnings accruing to such Fund on or be- authority of section 3109(b) of title 5, United 109 of the Foreign Assistance Act of 1961 may be fore September 30, 2012, to remain available States Code: Provided further, That travel by exercised by the Secretary of State to transfer until expended. members and staff of the Commission shall be funds appropriated to carry out chapter 1 of EISENHOWER EXCHANGE FELLOWSHIP PROGRAM arranged and conducted under the rules and part I of such Act to ‘‘Operating Expenses’’ in For necessary expenses of Eisenhower Ex- procedures applying to travel by members and accordance with the provisions of those sections: change Fellowships, Incorporated, as author- staff of the House of Representatives: Provided Provided further, That any reprogramming of ized by sections 4 and 5 of the Eisenhower Ex- further, That for the purposes of employment funds in excess of $1,000,000 or 10 percent, change Fellowship Act of 1990 (20 U.S.C. 5204– rights, any employee of the Commission shall be whichever is less, to the cost categories in the 5205), all interest and earnings accruing to the considered to be a congressional employee as de- table included under this heading in the joint Eisenhower Exchange Fellowship Program fined in section 2107 of title 5, United States explanatory statement accompanying this Act Trust Fund on or before September 30, 2012, to Code and the Commission shall be treated as a for funds appropriated under this heading, shall remain available until expended: Provided, That congressional employing office. be subject to the regular notification procedures none of the funds appropriated herein shall be COMMISSION ON SECURITY AND COOPERATION IN of the Committees on Appropriations: Provided used to pay any salary or other compensation, EUROPE further, That of the funds appropriated or made or to enter into any contract providing for the available under this heading, not to exceed SALARIES AND EXPENSES payment thereof, in excess of the rate author- $250,000 may be available for representation and ized by 5 U.S.C. 5376; or for purposes which are For necessary expenses of the Commission on entertainment allowances, of which not to ex- not in accordance with OMB Circulars A–110 Security and Cooperation in Europe, as author- ceed $5,000 may be available for entertainment (Uniform Administrative Requirements) and A– ized by Public Law 94–304, $2,715,000, to remain allowances, for USAID during the current fiscal 122 (Cost Principles for Non-profit Organiza- available until September 30, 2013. year: Provided further, That no such entertain- tions), including the restrictions on compensa- CONGRESSIONAL-EXECUTIVE COMMISSION ON THE ment funds may be used for the purposes listed tion for personal services. PEOPLE’S REPUBLIC OF CHINA in section 7020 of this Act: Provided further, ISRAELI ARAB SCHOLARSHIP PROGRAM SALARIES AND EXPENSES That appropriate steps shall be taken to assure that, to the maximum extent possible, United For necessary expenses of the Israeli Arab For necessary expenses of the Congressional- States-owned foreign currencies are utilized in Scholarship Program, as authorized by section Executive Commission on the People’s Republic lieu of dollars. 214 of the Foreign Relations Authorization Act, of China, as authorized by title III of the U.S.- Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all China Relations Act of 2000 (22 U.S.C. 6911– CAPITAL INVESTMENT FUND interest and earnings accruing to the Israeli 6919), $1,996,000, including not more than $3,000 For necessary expenses for overseas construc- Arab Scholarship Fund on or before September for the purpose of official representation, to re- tion and related costs, and for the procurement 30, 2012, to remain available until expended. main available until September 30, 2013. and enhancement of information technology EAST-WEST CENTER UNITED STATES-CHINA ECONOMIC AND SECURITY and related capital investments, pursuant to REVIEW COMMISSION To enable the Secretary of State to provide for section 667 of the Foreign Assistance Act of 1961, carrying out the provisions of the Center for SALARIES AND EXPENSES $129,700,000, to remain available until expended: Cultural and Technical Interchange Between For necessary expenses of the United States- Provided, That this amount is in addition to East and West Act of 1960, by grant to the Cen- China Economic and Security Review Commis- funds otherwise available for such purposes: ter for Cultural and Technical Interchange Be- sion, as authorized by section 1238 of the Floyd Provided further, That funds appropriated tween East and West in the State of Hawaii, D. Spence National Defense Authorization Act under this heading shall be available for obliga- $16,700,000: Provided, That none of the funds for Fiscal Year 2001 (22 U.S.C. 7002), $3,493,000, tion only pursuant to the regular notification appropriated herein shall be used to pay any including not more than $4,000 for the purpose procedures of the Committees on Appropriations. salary, or enter into any contract providing for of official representation, to remain available OFFICE OF INSPECTOR GENERAL the payment thereof, in excess of the rate au- until September 30, 2013: Provided, That the au- For necessary expenses to carry out the provi- thorized by 5 U.S.C. 5376. thorities, requirements, limitations, and condi- sions of section 667 of the Foreign Assistance NATIONAL ENDOWMENT FOR DEMOCRACY tions contained in the second through sixth pro- Act of 1961, $46,500,000, to remain available until visos under this heading in division F of Public September 30, 2013, which sum shall be available For grants made by the Department of State Law 111–117 shall continue in effect during fis- to the National Endowment for Democracy, as for the Office of Inspector General of the United cal year 2012 and shall apply to funds appro- States Agency for International Development. authorized by the National Endowment for De- priated under this heading as if included in this mocracy Act, $117,764,000, to remain available Act. TITLE III until expended, of which $100,000,000 shall be BILATERAL ECONOMIC ASSISTANCE allocated in the traditional and customary man- TITLE II ner, including for the core institutes, and UNITED STATES AGENCY FOR FUNDS APPROPRIATED TO THE PRESIDENT $17,764,000 shall be for democracy, human INTERNATIONAL DEVELOPMENT For necessary expenses to enable the Presi- rights, and rule of law programs: Provided, FUNDS APPROPRIATED TO THE PRESIDENT dent to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, That the President of the National Endowment OPERATING EXPENSES for Democracy shall submit to the Committees as follows: (INCLUDING TRANSFER OF FUNDS) on Appropriations not later than 45 days after GLOBAL HEALTH PROGRAMS the date of enactment of this Act a report on the For necessary expenses to carry out the provi- (INCLUDING TRANSFER OF FUNDS) proposed uses of funds under this heading on a sions of section 667 of the Foreign Assistance regional and country basis. Act of 1961, $1,092,300,000, to remain available For necessary expenses to carry out the provi- until September 30, 2013, of which not less than sions of chapters 1 and 10 of part I of the For- OTHER COMMISSIONS $25,000,000 should be for costs associated with eign Assistance Act of 1961, for global health ac- COMMISSION FOR THE PRESERVATION OF procurement reform: Provided, That none of the tivities, in addition to funds otherwise available AMERICA’S HERITAGE ABROAD funds appropriated under this heading and for such purposes, $2,625,000,000, to remain SALARIES AND EXPENSES under the heading ‘‘Capital Investment Fund’’ available until September 30, 2013, and which For necessary expenses for the Commission for in this title may be made available to finance shall be apportioned directly to the United the Preservation of America’s Heritage Abroad, the construction (including architect and engi- States Agency for International Development $634,000, as authorized by section 1303 of Public neering services), purchase, or long-term lease of (USAID): Provided, That this amount shall be Law 99–83. offices for use by the United States Agency for made available for training, equipment, and International Development (USAID), unless the technical assistance to build the capacity of UNITED STATES COMMISSION ON INTERNATIONAL USAID Administrator has identified such pro- public health institutions and organizations in RELIGIOUS FREEDOM posed use of funds in a report submitted to the developing countries, and for such activities as: SALARIES AND EXPENSES Committees on Appropriations at least 15 days (1) child survival and maternal health pro- For necessary expenses for the United States prior to the obligation of funds for such pur- grams; (2) immunization and oral rehydration Commission on International Religious Freedom, poses: Provided further, That contracts or programs; (3) other health, nutrition, water and as authorized by title II of the International Re- agreements entered into with funds appro- sanitation programs which directly address the

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00139 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9108 CONGRESSIONAL RECORD — HOUSE December 15, 2011 needs of mothers and children, and related edu- further, That in awarding grants for natural revitalize basic infrastructure, and foster the cation programs; (4) assistance for children dis- family planning under section 104 of the For- peaceful resolution of conflict: Provided further, placed or orphaned by causes other than AIDS; eign Assistance Act of 1961 no applicant shall be That the United States Agency for International (5) programs for the prevention, treatment, con- discriminated against because of such appli- Development shall submit a report to the Com- trol of, and research on HIV/AIDS, tuberculosis, cant’s religious or conscientious commitment to mittees on Appropriations at least 5 days prior polio, malaria, and other infectious diseases in- offer only natural family planning; and, addi- to beginning a new program of assistance: Pro- cluding neglected tropical diseases, and for as- tionally, all such applicants shall comply with vided further, That if the Secretary of State de- sistance to communities severely affected by the requirements of the previous proviso: Pro- termines that it is important to the national in- HIV/AIDS, including children infected or af- vided further, That for purposes of this or any terests of the United States to provide transition fected by AIDS; and (6) family planning/repro- other Act authorizing or appropriating funds for assistance in excess of the amount appropriated ductive health: Provided further, That funds the Department of State, foreign operations, and under this heading, up to $15,000,000 of the appropriated under this paragraph may be made related programs, the term ‘‘motivate’’, as it re- funds appropriated by this Act to carry out the available for a United States contribution to the lates to family planning assistance, shall not be provisions of part I of the Foreign Assistance GAVI Alliance: Provided further, That none of construed to prohibit the provision, consistent Act of 1961 may be used for purposes of this the funds made available in this Act nor any with local law, of information or counseling heading and under the authorities applicable to unobligated balances from prior appropriations about all pregnancy options: Provided further, funds appropriated under this heading: Pro- Acts may be made available to any organization That information provided about the use of vided further, That funds made available pursu- or program which, as determined by the Presi- condoms as part of projects or activities that are ant to the previous proviso shall be made avail- dent of the United States, supports or partici- funded from amounts appropriated by this Act able subject to prior consultation with the Com- pates in the management of a program of coer- shall be medically accurate and shall include mittees on Appropriations. cive abortion or involuntary sterilization: Pro- the public health benefits and failure rates of COMPLEX CRISES FUND vided further, That any determination made such use. For necessary expenses to carry out the provi- under the previous proviso must be made no In addition, for necessary expenses to carry sions of the Foreign Assistance Act of 1961 to later than 6 months after the date of enactment out the provisions of the Foreign Assistance Act enable the Administrator of the United States of this Act, and must be accompanied by the evi- of 1961 for the prevention, treatment, and con- Agency for International Development (USAID), dence and criteria utilized to make the deter- trol of, and research on, HIV/AIDS, in consultation with the Secretary of State, to mination: Provided further, That none of the $5,542,860,000, to remain available until Sep- support programs and activities to prevent or re- funds made available under this Act may be tember 30, 2016, which shall be apportioned di- spond to emerging or unforeseen complex crises used to pay for the performance of abortion as rectly to the Department of State: Provided, overseas, $10,000,000, to remain available until a method of family planning or to motivate or That funds appropriated under this paragraph expended: Provided, That funds appropriated coerce any person to practice abortions: Pro- may be made available, notwithstanding any under this heading may be made available on vided further, That nothing in this paragraph other provision of law, except for the United such terms and conditions as the USAID Admin- shall be construed to alter any existing statu- States Leadership Against HIV/AIDS, Tuber- istrator may determine, in consultation with the tory prohibitions against abortion under section culosis and Malaria Act of 2003 (Public Law Committees on Appropriations, for the purposes 104 of the Foreign Assistance Act of 1961: Pro- 108–25), as amended, for a United States con- of preventing or responding to such crises, ex- vided further, That none of the funds made tribution to the Global Fund to Fight AIDS, Tu- cept that no funds shall be made available to re- available under this Act may be used to lobby berculosis and Malaria (Global Fund), and shall spond to natural disasters: Provided further, for or against abortion: Provided further, That be expended at the minimum rate necessary to in order to reduce reliance on abortion in devel- That funds appropriated under this heading make timely payment for projects and activities: oping nations, funds shall be available only to may be made available notwithstanding any Provided further, That the amount of such con- voluntary family planning projects which offer, other provision of law, except sections 7007, tribution should be $1,050,000,000: Provided fur- either directly or through referral to, or infor- 7008, and 7018 of this Act and section 620M of ther, That up to 5 percent of the aggregate mation about access to, a broad range of family the Foreign Assistance Act of 1961, as amended amount of funds made available to the Global planning methods and services, and that any by this Act: Provided further, That funds appro- Fund in fiscal year 2012 may be made available such voluntary family planning project shall priated under this heading shall be subject to to USAID for technical assistance related to the meet the following requirements: (1) service pro- the regular notification procedures of the Com- activities of the Global Fund: Provided further, viders or referral agents in the project shall not mittees on Appropriations, except that such no- That of the funds appropriated under this para- implement or be subject to quotas, or other nu- tifications shall be transmitted at least 5 days in graph, up to $14,250,000 may be made available, merical targets, of total number of births, num- advance of the obligation of funds. in addition to amounts otherwise available for ber of family planning acceptors, or acceptors of DEVELOPMENT CREDIT AUTHORITY a particular method of family planning (this such purposes, for administrative expenses of provision shall not be construed to include the the Office of the United States Global AIDS Co- (INCLUDING TRANSFER OF FUNDS) use of quantitative estimates or indicators for ordinator. For the cost of direct loans and loan guaran- budgeting and planning purposes); (2) the DEVELOPMENT ASSISTANCE tees provided by the United States Agency for project shall not include payment of incentives, For necessary expenses to carry out the provi- International Development, as authorized by bribes, gratuities, or financial reward to: (A) an sions of sections 103, 105, 106, 214, and sections sections 256 and 635 of the Foreign Assistance individual in exchange for becoming a family 251 through 255, and chapter 10 of part I of the Act of 1961, up to $40,000,000 may be derived by planning acceptor; or (B) program personnel for Foreign Assistance Act of 1961, $2,519,950,000, to transfer from funds appropriated by this Act to achieving a numerical target or quota of total remain available until September 30, 2013: Pro- carry out part I of such Act and under the number of births, number of family planning ac- vided, That relevant bureaus and offices of the heading ‘‘Assistance for Europe, Eurasia and ceptors, or acceptors of a particular method of United States Agency for International Develop- Central Asia’’: Provided, That funds provided family planning; (3) the project shall not deny ment (USAID) that support cross-cutting devel- under this paragraph and funds provided as a any right or benefit, including the right of ac- opment programs shall coordinate such pro- gift pursuant to section 635(d) of the Foreign cess to participate in any program of general grams on a regular basis: Provided further, That Assistance Act of 1961 shall be made available welfare or the right of access to health care, as of the funds appropriated under this heading, only for micro and small enterprise programs, a consequence of any individual’s decision not not less than $23,000,000 shall be made available urban programs, and other programs which fur- to accept family planning services; (4) the for the American Schools and Hospitals Abroad ther the purposes of part I of such Act: Provided project shall provide family planning acceptors program, and not less than $10,000,000 shall be further, That such costs, including the cost of comprehensible information on the health bene- made available for USAID cooperative develop- modifying such direct and guaranteed loans, fits and risks of the method chosen, including ment programs within the Office of Private and shall be as defined in section 502 of the Congres- those conditions that might render the use of Voluntary Cooperation. sional Budget Act of 1974, as amended: Provided the method inadvisable and those adverse side INTERNATIONAL DISASTER ASSISTANCE further, That funds made available by this effects known to be consequent to the use of the paragraph may be used for the cost of modifying For necessary expenses to carry out the provi- method; and (5) the project shall ensure that ex- any such guaranteed loans under this Act or sions of section 491 of the Foreign Assistance perimental contraceptive drugs and devices and prior Acts, and funds used for such costs shall Act of 1961 for international disaster relief, re- medical procedures are provided only in the be subject to the regular notification procedures habilitation, and reconstruction assistance, context of a scientific study in which partici- of the Committees on Appropriations: Provided $825,000,000, to remain available until expended. pants are advised of potential risks and benefits; further, That the provisions of section 107A(d) and, not less than 60 days after the date on TRANSITION INITIATIVES (relating to general provisions applicable to the which the USAID Administrator determines that For necessary expenses for international dis- Development Credit Authority) of the Foreign there has been a violation of the requirements aster rehabilitation and reconstruction assist- Assistance Act of 1961, as contained in section contained in paragraph (1), (2), (3), or (5) of this ance pursuant to section 491 of the Foreign As- 306 of H.R. 1486 as reported by the House Com- proviso, or a pattern or practice of violations of sistance Act of 1961, $50,141,000, to remain avail- mittee on International Relations on May 9, the requirements contained in paragraph (4) of able until expended, to support transition to de- 1997, shall be applicable to direct loans and loan this proviso, the Administrator shall submit to mocracy and to long-term development of coun- guarantees provided under this heading, except the Committees on Appropriations a report con- tries in crisis: Provided, That such support may that the principal amount of loans made or taining a description of such violation and the include assistance to develop, strengthen, or guaranteed under this heading with respect to corrective action taken by the Agency: Provided preserve democratic institutions and processes, any single country shall not exceed $300,000,000:

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00140 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9109 Provided further, That these funds are available 30, 2013, of which $68,000,000 shall be made regular notification procedures may be waived to subsidize total loan principal, any portion of available for the Human Rights and Democracy when there is a substantial security risk to vol- which is to be guaranteed, of up to $750,000,000. Fund of the Bureau of Democracy, Human unteers or other Peace Corps personnel, pursu- In addition, for administrative expenses to Rights and Labor, Department of State, and ant to section 7015(e) of this Act: Provided fur- carry out credit programs administered by the $46,770,000 shall be made available for the Office ther, That none of the funds appropriated United States Agency for International Develop- of Democracy and Governance of the Bureau for under this heading shall be used to pay for ment, $8,300,000, which may be transferred to, Democracy, Conflict, and Humanitarian Assist- abortions. and merged with, funds made available under ance, United States Agency for International the heading ‘‘Operating Expenses’’ in title II of Development. MILLENNIUM CHALLENGE CORPORATION this Act: Provided, That funds made available ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL For necessary expenses to carry out the provi- under this heading shall remain available until ASIA sions of the Millennium Challenge Act of 2003, September 30, 2014. For necessary expenses to carry out the provi- $898,200,000 to remain available until expended: ECONOMIC SUPPORT FUND sions of the Foreign Assistance Act of 1961, the Provided, That of the funds appropriated under (INCLUDING TRANSFER OF FUNDS) FREEDOM Support Act, and the Support for this heading, up to $105,000,000 may be available For necessary expenses to carry out the provi- East European Democracy (SEED) Act of 1989, for administrative expenses of the Millennium sions of chapter 4 of part II of the Foreign As- $626,718,000, to remain available until September Challenge Corporation (the Corporation): Pro- sistance Act of 1961, $3,001,745,000, to remain 30, 2013, which shall be available, notwith- vided further, That up to 5 percent of the funds available until September 30, 2013: Provided, standing any other provision of law, for assist- appropriated under this heading may be made That of the funds appropriated under this head- ance and for related programs for countries available to carry out the purposes of section ing, $250,000,000 shall be available for assistance identified in section 3 of the FREEDOM Support 616 of the Millennium Challenge Act of 2003 for for Egypt, including not less than $35,000,000 for Act and section 3(c) of the SEED Act: Provided, fiscal year 2012: Provided further, That section education programs of which not less than That funds appropriated under this heading 605(e) of the Millennium Challenge Act of 2003 $10,000,000 is for scholarships at not-for-profit shall be considered to be economic assistance shall apply to funds appropriated under this institutions for Egyptian students with high fi- under the Foreign Assistance Act of 1961 for heading: Provided further, That funds appro- nancial need, and to implement section purposes of making available the administrative priated under this heading may be made avail- authorities contained in that Act for the use of 7041(a)(3) and (b) of this Act: Provided further, able for a Millennium Challenge Compact en- economic assistance: Provided further, That That funds appropriated under this heading tered into pursuant to section 609 of the Millen- funds made available for the Southern Caucasus that are made available for assistance for Cy- nium Challenge Act of 2003 only if such Com- region may be used for confidence-building prus shall be used only for scholarships, admin- pact obligates, or contains a commitment to obli- measures and other activities in furtherance of istrative support of the scholarship program, gate subject to the availability of funds and the bicommunal projects, and measures aimed at re- the peaceful resolution of conflicts, including in Nagorno-Karabakh. mutual agreement of the parties to the Compact unification of the island and designed to reduce to proceed, the entire amount of the United tensions and promote peace and cooperation be- DEPARTMENT OF STATE States Government funding anticipated for the tween the two communities on Cyprus: Provided MIGRATION AND REFUGEE ASSISTANCE duration of the Compact: Provided further, further, That $12,000,000 of the funds made For necessary expenses not otherwise provided That the Chief Executive Officer of the Corpora- available for assistance for Lebanon under this for, to enable the Secretary of State to carry out tion shall notify the Committees on Appropria- heading shall be for scholarships at not-for- the provisions of section 2(a) and (b) of the Mi- tions not later than 15 days prior to signing any profit institutions for students in Lebanon with gration and Refugee Assistance Act of 1962, and new country compact or new threshold country high financial need: Provided further, That of other activities to meet refugee and migration program; terminating or suspending any coun- the funds appropriated under this heading, not needs; salaries and expenses of personnel and try compact or threshold country program; or less than $360,000,000 shall be available for as- dependents as authorized by the Foreign Service commencing negotiations for any new compact sistance for Jordan: Provided further, That up Act of 1980; allowances as authorized by sec- or threshold country program: Provided further, to $30,000,000 of the funds appropriated for fis- tions 5921 through 5925 of title 5, United States That any funds that are deobligated from a Mil- cal year 2011 under this heading in Public Law Code; purchase and hire of passenger motor ve- lennium Challenge Compact shall be subject to 112–10, division B, may be made available for hicles; and services as authorized by section 3109 the regular notification procedures of the Com- the costs, as defined in section 502 of the Con- of title 5, United States Code, $1,639,100,000, to gressional Budget Act of 1974, of loan guaran- mittees on Appropriations prior to re-obligation: remain available until expended, of which Provided further, That notwithstanding section tees for Tunisia, which are authorized to be pro- $20,000,000 shall be made available for refugees vided: Provided further, That amounts that are 606(a)(2) of the Millennium Challenge Act of resettling in Israel, and not less than $35,000,000 2003, a country shall be a candidate country for made available under the previous proviso for shall be made available to respond to small-scale purposes of eligibility for assistance for the fis- the cost of guarantees shall not be considered emergency humanitarian requirements. ‘‘assistance’’ for the purposes of provisions of cal year if the country has a per capita income UNITED STATES EMERGENCY REFUGEE AND law limiting assistance to a country: Provided equal to or below the World Bank’s lower middle MIGRATION ASSISTANCE FUND further, That of the funds appropriated under income country threshold for the fiscal year and this heading, not less than $179,000,000 shall be For necessary expenses to carry out the provi- is among the 75 lowest per capita income coun- apportioned directly to the United States Agen- sions of section 2(c) of the Migration and Ref- tries as identified by the World Bank; and the cy for International Development for alternative ugee Assistance Act of 1962, as amended (22 country meets the requirements of section development/institution building programs in U.S.C. 2601(c)), $27,200,000, to remain available 606(a)(1)(B) of the Millennium Challenge Act of Colombia: Provided further, That of the funds until expended. 2003: Provided further, That notwithstanding appropriated under this heading that are avail- INDEPENDENT AGENCIES section 606(b)(1) of the Millennium Challenge able for assistance for Colombia, not less than PEACE CORPS Act of 2003, in addition to countries described in $7,000,000 shall be transferred to, and merged (INCLUDING TRANSFER OF FUNDS) the preceding proviso, a country shall be a can- with, funds appropriated under the heading didate country for purposes of eligibility for as- For necessary expenses to carry out the provi- ‘‘Migration and Refugee Assistance’’ and shall sistance for the fiscal year if the country has a sions of the Peace Corps Act (22 U.S.C. 2501– be made available only for assistance to non- per capita income equal to or below the World 2523), including the purchase of not to exceed governmental and international organizations five passenger motor vehicles for administrative Bank’s lower middle income country threshold that provide assistance to Colombian refugees in purposes for use outside of the United States, for the fiscal year and is not among the 75 low- neighboring countries: Provided further, That in $375,000,000, of which $5,150,000 is for the Office est per capita income countries as identified by consultation with the Secretary of the Treasury, of Inspector General, to remain available until the World Bank; and the country meets the re- the Secretary of State may transfer up to September 30, 2013: Provided, That the Director quirements of section 606(a)(1)(B) of the Millen- $200,000,000 of the funds made available under of the Peace Corps may transfer to the Foreign nium Challenge Act of 2003: Provided further, this heading to funds appropriated in this Act Currency Fluctuations Account, as authorized That any Millennium Challenge Corporation under the headings ‘‘Multilateral Assistance, by 22 U.S.C. 2515, an amount not to exceed candidate country under section 606 of the Mil- Funds Appropriated to the President, Inter- $5,000,000: Provided further, That funds trans- lennium Challenge Act of 2003 with a per capita national Financial Institutions’’ for additional ferred pursuant to the previous proviso may not income that changes in the fiscal year such that payments to such institutions, facilities, and be derived from amounts made available for the country would be reclassified from a low in- funds enumerated under such headings: Pro- Peace Corps overseas operations: Provided fur- come country to a lower middle income country vided further, That prior to exercising the trans- ther, That of the funds appropriated under this or from a lower middle income country to a low fer authority under the previous proviso the heading, not to exceed $4,000 may be made income country shall retain its candidacy status Secretary of State shall consult with the Com- available for entertainment expenses: Provided in its former income classification for the fiscal mittees on Appropriations. further, That any decision to open, close, sig- year and the two subsequent fiscal years: Pro- DEMOCRACY FUND nificantly reduce, or suspend a domestic or over- vided further, That of the funds appropriated For necessary expenses to carry out the provi- seas office or country program shall be subject under this heading, not to exceed $100,000 may sions of the Foreign Assistance Act of 1961 for to prior consultation with, and the regular noti- be available for representation and entertain- the promotion of democracy globally, fication procedures of, the Committees on Ap- ment allowances, of which not to exceed $5,000 $114,770,000, to remain available until September propriations, except that prior consultation and may be available for entertainment allowances.

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INTER-AMERICAN FOUNDATION made available notwithstanding section 482(b) this heading that are available for ‘‘Anti-ter- For necessary expenses to carry out the func- of the Foreign Assistance Act of 1961 shall be rorism Assistance’’ and ‘‘Export Control and tions of the Inter-American Foundation in ac- made available subject to the regular notifica- Border Security’’ shall remain available until cordance with the provisions of section 401 of tion procedures of the Committees on Appropria- September 30, 2013. the Foreign Assistance Act of 1969, $22,500,000, tions: Provided further, That none of the funds PEACEKEEPING OPERATIONS to remain available until September 30, 2013: appropriated under this heading shall be made For necessary expenses to carry out the provi- Provided, That of the funds appropriated under available for assistance for the Bolivian military sions of section 551 of the Foreign Assistance this heading, not to exceed $2,000 may be avail- and police unless the Secretary of State deter- Act of 1961, $302,818,000: Provided, That funds able for entertainment and representation al- mines and reports to the Committees on Appro- appropriated under this heading may be used, lowances. priations that such funds are in the national se- notwithstanding section 660 of such Act, to pro- curity interest of the United States: Provided AFRICAN DEVELOPMENT FOUNDATION vide assistance to enhance the capacity of for- further, That, notwithstanding any other provi- For necessary expenses to carry out title V of eign civilian security forces, including gen- sion of law, of the funds appropriated under darmes, to participate in peacekeeping oper- the International Security and Development Co- this heading, $5,000,000 should be made avail- operation Act of 1980 (Public Law 96–533), ations: Provided further, That of the funds ap- able to combat piracy of United States copy- propriated under this heading, not less than $30,000,000, to remain available until September righted materials, consistent with the require- 30, 2013: Provided, That funds made available to $28,000,000 shall be made available for a United ments of section 688(a) and (b) of the Depart- States contribution to the Multinational Force grantees may be invested pending expenditure ment of State, Foreign Operations, and Related for project purposes when authorized by the and Observers mission in the Sinai: Provided Programs Appropriations Act, 2008 (division J of further, That of the funds appropriated under Board of Directors of the Foundation: Provided Public Law 110–161): Provided further, That the further, That interest earned shall be used only this heading, up to $91,818,000 may be used to reporting requirements contained in section 1404 pay assessed expenses of international peace- for the purposes for which the grant was made: of Public Law 110–252 shall apply to funds made Provided further, That notwithstanding section keeping activities in Somalia and shall be avail- available by this Act, including a description of able until September 30, 2013: Provided further, 505(a)(2) of the African Development Founda- modifications, if any, to the security strategy of tion Act, in exceptional circumstances the Board That funds appropriated under this Act should the Palestinian Authority: Provided further, not be used to support any military training or of Directors of the Foundation may waive the That the provision of assistance which is com- $250,000 limitation contained in that section operations that include child soldiers: Provided parable to assistance made available under this further, That none of the funds appropriated with respect to a project and a project may ex- heading but which is provided under any other ceed the limitation by up to 10 percent if the in- under this heading shall be obligated or ex- provision of law, shall be provided in accord- pended except as provided through the regular crease is due solely to foreign currency fluctua- ance with the provisions of sections 481(b) and tion: Provided further, That the Foundation notification procedures of the Committees on 622(c) of the Foreign Assistance Act of 1961. Appropriations. shall provide a report to the Committees on Ap- NONPROLIFERATION, ANTI-TERRORISM, DEMINING FUNDS APPROPRIATED TO THE PRESIDENT propriations after each time such waiver au- AND RELATED PROGRAMS thority is exercised. INTERNATIONAL MILITARY EDUCATION AND For necessary expenses for nonproliferation, TRAINING DEPARTMENT OF THE TREASURY anti-terrorism, demining and related programs INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE and activities, $590,113,000, to carry out the pro- For necessary expenses to carry out the provi- sions of section 541 of the Foreign Assistance For necessary expenses to carry out the provi- visions of chapter 8 of part II of the Foreign As- sistance Act of 1961 for anti-terrorism assist- Act of 1961, $105,788,000, of which up to sions of section 129 of the Foreign Assistance $4,000,000 may remain available until September Act of 1961, $25,448,000, to remain available until ance, chapter 9 of part II of the Foreign Assist- ance Act of 1961, section 504 of the FREEDOM 30, 2013, and may only be provided through the September 30, 2014, which shall be available not- regular notification procedures of the Commit- withstanding any other provision of law. Support Act, section 23 of the Arms Export Con- trol Act or the Foreign Assistance Act of 1961 for tees on Appropriations: Provided, That the civil- DEBT RESTRUCTURING demining activities, the clearance of unexploded ian personnel for whom military education and For the cost, as defined in section 502 of the ordnance, the destruction of small arms, and re- training may be provided under this heading Congressional Budget Act of 1974, of modifying lated activities, notwithstanding any other pro- may include civilians who are not members of a loans and loan guarantees, as the President vision of law, including activities implemented government whose participation would con- may determine, for which funds have been ap- through nongovernmental and international or- tribute to improved civil-military relations, civil- propriated or otherwise made available for pro- ganizations, and section 301 of the Foreign As- ian control of the military, or respect for human grams within the International Affairs Budget sistance Act of 1961 for a voluntary contribution rights: Provided further, That the Secretary of Function 150, including the cost of selling, re- to the International Atomic Energy Agency State shall provide to the Committees on Appro- ducing, or canceling amounts owed to the (IAEA), and for a United States contribution to priations, not later than 45 days after enact- United States as a result of concessional loans the Comprehensive Nuclear Test Ban Treaty ment of this Act, a report on the proposed uses made to eligible countries, pursuant to part V of Preparatory Commission: Provided, That the of all program funds under this heading on a the Foreign Assistance Act of 1961, $12,000,000, clearance of unexploded ordnance should country-by-country basis, including a detailed to remain available until September 30, 2013. prioritize areas where such ordnance was description of proposed activities: Provided fur- TITLE IV caused by the United States: Provided further, ther, That of the funds appropriated under this heading, not to exceed $55,000 may be available INTERNATIONAL SECURITY ASSISTANCE That of the funds made available under this heading, not to exceed $30,000,000, to remain for entertainment allowances. DEPARTMENT OF STATE available until expended, may be made available FOREIGN MILITARY FINANCING PROGRAM INTERNATIONAL NARCOTICS CONTROL AND LAW for the Nonproliferation and Disarmament For necessary expenses for grants to enable ENFORCEMENT Fund, notwithstanding any other provision of the President to carry out the provisions of sec- For necessary expenses to carry out section law and subject to prior consultation with, and tion 23 of the Arms Export Control Act, 481 of the Foreign Assistance Act of 1961, the regular notification procedures of, the Com- $5,210,000,000: Provided, That to expedite the $1,061,100,000, to remain available until Sep- mittees on Appropriations, to promote bilateral provision of assistance to foreign countries and tember 30, 2013: Provided, That during fiscal and multilateral activities relating to non- international organizations, the Secretary of year 2012, the Department of State may also use proliferation, disarmament and weapons de- State, following consultation with the Commit- the authority of section 608 of the Foreign As- struction: Provided further, That such funds tees on Appropriations and subject to the reg- sistance Act of 1961, without regard to its re- may also be used for such countries other than ular notification procedures of such Committees, strictions, to receive excess property from an the Independent States of the former Soviet may use the funds appropriated under this agency of the United States Government for the Union and international organizations when it heading to procure defense articles and services purpose of providing it to a foreign country or is in the national security interest of the United to enhance the capacity of foreign security international organization under chapter 8 of States to do so: Provided further, That funds forces: Provided further, That of the funds ap- part I of that Act subject to the regular notifica- appropriated under this heading may be made propriated under this heading, not less than tion procedures of the Committees on Appropria- available for the IAEA unless the Secretary of $3,075,000,000 shall be available for grants only tions: Provided further, That the Secretary of State determines that Israel is being denied its for Israel, and $1,300,000,000 shall be made State shall provide to the Committees on Appro- right to participate in the activities of that available for grants only for Egypt, including priations not later than 45 days after the date of Agency: Provided further, That funds appro- for border security programs and activities in enactment of this Act and prior to the initial ob- priated under this heading may be made avail- the Sinai: Provided further, That the funds ap- ligation of funds appropriated under this head- able for public-private partnerships for conven- propriated under this heading for assistance for ing, a report on the proposed uses of all funds tional weapons and mine action by grant, coop- Israel shall be disbursed within 30 days of en- under this heading on a country-by-country erative agreement or contract: Provided further, actment of this Act: Provided further, That to basis for each proposed program, project, or ac- That funds made available for demining and re- the extent that the Government of Israel re- tivity: Provided further, That section 482(b) of lated activities, in addition to funds otherwise quests that funds be used for such purposes, the Foreign Assistance Act of 1961 shall not available for such purposes, may be used for ad- grants made available for Israel under this apply to funds appropriated under this heading: ministrative expenses related to the operation heading shall, as agreed by the United States Provided further, That assistance provided with and management of the demining program: Pro- and Israel, be available for advanced weapons funds appropriated under this heading that is vided further, That funds appropriated under systems, of which not less than $808,725,000

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00142 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9111 shall be available for the procurement in Israel istering military assistance and sales, not to ex- the United States share of the paid-in portion of of defense articles and defense services, includ- ceed $4,000 may be available for entertainment the increase in capital stock, $75,000,000, to re- ing research and development: Provided further, expenses and not to exceed $130,000 may be main available until expended. That funds appropriated under this heading es- available for representation allowances: Pro- For payment to the Inter-American Invest- timated to be outlayed for Egypt during fiscal vided further, That not more than $836,900,000 ment Corporation by the Secretary of the Treas- year 2012 may be transferred to an interest bear- of funds realized pursuant to section 21(e)(1)(A) ury, $4,670,000, to remain available until ex- ing account for Egypt in the Federal Reserve of the Arms Export Control Act may be obligated pended. Bank of New York: Provided further, That of for expenses incurred by the Department of De- LIMITATION ON CALLABLE CAPITAL the funds appropriated under this heading, fense during fiscal year 2012 pursuant to section SUBSCRIPTIONS $300,000,000 shall be made available for assist- 43(b) of the Arms Export Control Act, except ance for Jordan: Provided further, That, not that this limitation may be exceeded only The United States Governor of the Inter- later than 90 days after enactment of this Act through the regular notification procedures of American Development Bank may subscribe and 6 months thereafter, the Secretary of State the Committees on Appropriations. without fiscal year limitation to the callable shall submit a report to the Committees on Ap- TITLE V capital portion of the United States share of propriations detailing any crowd control items, MULTILATERAL ASSISTANCE such capital stock in an amount not to exceed including tear gas, made available with appro- $4,098,794,833. priated funds or through export licenses to for- FUNDS APPROPRIATED TO THE PRESIDENT CONTRIBUTION TO THE ENTERPRISE FOR THE eign security forces that the Secretary of State INTERNATIONAL ORGANIZATIONS AND PROGRAMS AMERICAS MULTILATERAL INVESTMENT FUND has credible information have repeatedly used For necessary expenses to carry out the provi- excessive force to repress peaceful, lawful, and sions of section 301 of the Foreign Assistance For payment to the Enterprise for the Amer- organized dissent: Provided further, That the Act of 1961, and of section 2 of the United Na- icas Multilateral Investment Fund by the Sec- Secretary of State should consult with the Com- tions Environment Program Participation Act of retary of the Treasury, $25,000,000, to remain mittees on Appropriations prior to obligating 1973, $348,705,000, of which up to $10,000,000 available until expended. funds for such items to governments of countries may be made available for the Intergovern- CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK undergoing democratic transition in the Middle mental Panel on Climate Change/United Nations East and North Africa: Provided further, That Framework Convention on Climate Change: For payment to the Asian Development Bank none of the funds made available under this Provided, That section 307(a) of the Foreign As- by the Secretary of the Treasury for the United heading shall be made available to support or sistance Act of 1961 shall not apply to contribu- States share of the paid-in portion of increase in continue any program initially funded under tions to the United Nations Democracy Fund. capital stock, $106,586,000, to remain available until expended. the authority of section 1206 of the National De- INTERNATIONAL FINANCIAL INSTITUTIONS fense Authorization Act for Fiscal Year 2006 GLOBAL ENVIRONMENT FACILITY LIMITATION ON CALLABLE CAPITAL (Public Law 109–163; 119 Stat. 3456) unless the SUBSCRIPTIONS Secretary of State, in coordination with the Sec- For payment to the International Bank for retary of Defense, has justified such program to Reconstruction and Development as trustee for The United States Governor of the Asian De- the Committees on Appropriations: Provided the Global Environment Facility by the Sec- velopment Bank may subscribe without fiscal further, That funds appropriated or otherwise retary of the Treasury, $89,820,000, to remain year limitation to the callable capital portion of made available under this heading shall be non- available until expended. the United States share of such capital stock in repayable notwithstanding any requirement in CONTRIBUTION TO THE INTERNATIONAL an amount not to exceed $2,558,048,769. section 23 of the Arms Export Control Act: Pro- DEVELOPMENT ASSOCIATION CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND vided further, That funds made available under For payment to the International Develop- For payment to the Asian Development this heading shall be obligated upon apportion- ment Association by the Secretary of the Treas- Bank’s Asian Development Fund by the Sec- ment in accordance with paragraph (5)(C) of ury, $1,325,000,000, to remain available until ex- retary of the Treasury, $100,000,000, to remain title 31, United States Code, section 1501(a). pended. None of the funds made available under this For payment to the International Develop- available until expended. heading shall be available to finance the pro- ment Association by the Secretary of the Treas- CONTRIBUTION TO THE AFRICAN DEVELOPMENT curement of defense articles, defense services, or ury for costs incurred under the Multilateral BANK design and construction services that are not Debt Relief Initiative, $167,000,000, to remain For payment to the African Development sold by the United States Government under the available until expended. Bank by the Secretary of the Treasury for the Arms Export Control Act unless the foreign CONTRIBUTION TO THE INTERNATIONAL BANK FOR United States share of the paid-in portion of the country proposing to make such procurement RECONSTRUCTION AND DEVELOPMENT increase in capital stock, $32,417,720, to remain has first signed an agreement with the United For payment to the International Bank for available until expended. States Government specifying the conditions Reconstruction and Development by the Sec- LIMITATION ON CALLABLE CAPITAL under which such procurement may be financed retary of the Treasury, for the United States with such funds: Provided, That all country SUBSCRIPTIONS share of the paid-in portion of the increases in and funding level increases in allocations shall capital stock, $117,364,344, to remain available The United States Governor of the African be submitted through the regular notification until expended. Development Bank may subscribe without fiscal procedures of section 7015 of this Act: Provided year limitation to the callable capital portion of further, That funds made available under this LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS the United States share of such capital stock in heading may be used, notwithstanding any an amount not to exceed $507,860,808. other provision of law, for demining, the clear- The United States Governor of the Inter- ance of unexploded ordnance, and related ac- national Bank for Reconstruction and Develop- CONTRIBUTION TO THE AFRICAN DEVELOPMENT tivities, and may include activities implemented ment may subscribe without fiscal year limita- FUND through nongovernmental and international or- tion to the callable capital portion of the United For payment to the African Development ganizations: Provided further, That only those States share of increases in capital stock in an Fund by the Secretary of the Treasury, countries for which assistance was justified for amount not to exceed $2,928,990,899. $172,500,000, to remain available until expended. the ‘‘Foreign Military Sales Financing Pro- CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND For payment to the African Development gram’’ in the fiscal year 1989 congressional pres- For payment to the International Bank for Fund by the Secretary of the Treasury for costs entation for security assistance programs may Reconstruction and Development as trustee for incurred under the Multilateral Debt Relief Ini- utilize funds made available under this heading the Clean Technology Fund by the Secretary of tiative, $7,500,000, to remain available until ex- for procurement of defense articles, defense serv- the Treasury, $184,630,000, to remain available pended. ices or design and construction services that are until expended. EUROPEAN BANK FOR RECONSTRUCTION AND not sold by the United States Government under CONTRIBUTION TO THE STRATEGIC CLIMATE FUND DEVELOPMENT the Arms Export Control Act: Provided further, For payment to the International Bank for LIMITATION ON CALLABLE CAPITAL That funds appropriated under this heading Reconstruction and Development as trustee for SUBSCRIPTIONS shall be expended at the minimum rate nec- the Strategic Climate Fund by the Secretary of essary to make timely payment for defense arti- the Treasury, $49,900,000, to remain available The United States Governor of the European cles and services: Provided further, That not until expended. Bank for Reconstruction and Development may more than $62,800,000 of the funds appropriated GLOBAL AGRICULTURE AND FOOD SECURITY subscribe without fiscal year limitation to the under this heading may be obligated for nec- PROGRAM callable capital of the United States share of essary expenses, including the purchase of pas- For payment to the Global Agriculture and such capital in an amount not to exceed senger motor vehicles for replacement only for $1,252,331,952. use outside of the United States, for the general Food Security Program by the Secretary of the costs of administering military assistance and Treasury, $135,000,000, to remain available until CONTRIBUTION TO THE INTERNATIONAL FUND FOR sales, except that this limitation may be exceed- expended. AGRICULTURAL DEVELOPMENT ed only through the regular notification proce- CONTRIBUTION TO THE INTER-AMERICAN For payment to the International Fund for dures of the Committees on Appropriations: Pro- DEVELOPMENT BANK Agricultural Development by the Secretary of vided further, That of the funds appropriated For payment to the Inter-American Develop- the Treasury, $30,000,000, to remain available under this heading for general costs of admin- ment Bank by the Secretary of the Treasury for until expended.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00143 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9112 CONGRESSIONAL RECORD — HOUSE December 15, 2011 TITLE VI vided further, That the Export-Import Bank credit program may be derived from amounts EXPORT AND INVESTMENT ASSISTANCE shall charge fees for necessary expenses (includ- available for administrative expenses to carry ing special services performed on a contract or out the credit and insurance programs in the EXPORT-IMPORT BANK OF THE UNITED STATES fee basis, but not including other personal serv- Overseas Private Investment Corporation Non- INSPECTOR GENERAL ices) in connection with the collection of moneys credit Account and merged with said account. For necessary expenses of the Office of In- owed the Export-Import Bank, repossession or TRADE AND DEVELOPMENT AGENCY spector General in carrying out the provisions of sale of pledged collateral or other assets ac- For necessary expenses to carry out the provi- the Inspector General Act of 1978, as amended, quired by the Export-Import Bank in satisfac- sions of section 661 of the Foreign Assistance $4,000,000, to remain available until September tion of moneys owed the Export-Import Bank, or Act of 1961, $50,000,000, to remain available until 30, 2013. the investigation or appraisal of any property, September 30, 2013: Provided, That of the funds PROGRAM ACCOUNT or the evaluation of the legal, financial, or tech- appropriated under this heading, not more than The Export-Import Bank of the United States nical aspects of any transaction for which an $4,000 may be available for representation and is authorized to make such expenditures within application for a loan, guarantee or insurance entertainment allowances. commitment has been made, or systems infra- the limits of funds and borrowing authority TITLE VII available to such corporation, and in accord- structure directly supporting transactions: Pro- GENERAL PROVISIONS ance with law, and to make such contracts and vided further, That, in addition to other funds commitments without regard to fiscal year limi- appropriated for administrative expenses, such ALLOWANCES AND DIFFERENTIALS tations, as provided by section 104 of the Gov- fees shall be credited to this account, to remain SEC. 7001. Funds appropriated under title I of ernment Corporation Control Act, as may be available until expended. this Act shall be available, except as otherwise necessary in carrying out the program for the RECEIPTS COLLECTED provided, for allowances and differentials as au- current fiscal year for such corporation: Pro- Receipts collected pursuant to the Export-Im- thorized by subchapter 59 of title 5, United vided, That none of the funds available during port Bank Act of 1945, as amended, and the States Code; for services as authorized by 5 the current fiscal year may be used to make ex- Federal Credit Reform Act of 1990, as amended, U.S.C. 3109; and for hire of passenger transpor- penditures, contracts, or commitments for the in an amount not to exceed the amount appro- tation pursuant to 31 U.S.C. 1343(b). export of nuclear equipment, fuel, or technology priated herein, shall be credited as offsetting UNOBLIGATED BALANCES REPORT to any country, other than a nuclear-weapon collections to this account: Provided, That the SEC. 7002. Any department or agency of the state as defined in Article IX of the Treaty on sums herein appropriated from the General United States Government to which funds are the Non-Proliferation of Nuclear Weapons eligi- Fund shall be reduced on a dollar-for-dollar appropriated or otherwise made available by ble to receive economic or military assistance basis by such offsetting collections so as to re- this Act shall provide to the Committees on Ap- under this Act, that has detonated a nuclear ex- sult in a final fiscal year appropriation from the propriations a quarterly accounting of cumu- plosive after the date of the enactment of this General Fund estimated at $0: Provided further, lative unobligated balances and obligated, but Act: Provided further, That not less than 10 per- That amounts collected in fiscal year 2012 in ex- unexpended, balances by program, project, and cent of the aggregate loan, guarantee, and in- cess of obligations, up to $50,000,000, shall be- activity, and Treasury Account Fund Symbol of surance authority available to the Export-Im- come available on September 1, 2012 and shall all funds received by such department or agency port Bank under this Act should be used for re- remain available until September 30, 2015. in fiscal year 2012 or any previous fiscal year: newable energy technologies or end-use energy OVERSEAS PRIVATE INVESTMENT CORPORATION Provided, That the report required by this sec- efficiency technologies: Provided further, That NONCREDIT ACCOUNT tion should specify by account the amount of notwithstanding section 1(c) of Public Law 103– The Overseas Private Investment Corporation funds obligated pursuant to bilateral agreements 428, as amended, sections 1(a) and (b) of Public which have not been further sub-obligated. Law 103–428 shall remain in effect through Oc- is authorized to make, without regard to fiscal CONSULTING SERVICES tober 1, 2012: Provided further, That notwith- year limitations, as provided by 31 U.S.C. 9104, standing the dates specified in section 7 of the such expenditures and commitments within the SEC. 7003. The expenditure of any appropria- Export-Import Bank Act of 1945 (12 U.S.C. 6350 limits of funds available to it and in accordance tion under title I of this Act for any consulting and section 1(c) of Public Law 103–428), the Ex- with law as may be necessary: Provided, That service through procurement contract, pursuant port-Import Bank of the United States shall the amount available for administrative ex- to 5 U.S.C. 3109, shall be limited to those con- continue to exercise its functions in connection penses to carry out the credit and insurance tracts where such expenditures are a matter of with and in furtherance of its objects and pur- programs (including an amount for official re- public record and available for public inspec- poses through May 31, 2012. ception and representation expenses which shall tion, except where otherwise provided under ex- not exceed $35,000) shall not exceed $54,990,000: isting law, or under existing Executive order SUBSIDY APPROPRIATION Provided further, That project-specific trans- issued pursuant to existing law. For the cost of direct loans, loan guarantees, action costs, including direct and indirect costs EMBASSY CONSTRUCTION insurance, and tied-aid grants as authorized by incurred in claims settlements, and other direct SEC. 7004. (a) Of funds provided under title I section 10 of the Export-Import Bank Act of costs associated with services provided to spe- of this Act, except as provided in subsection (b), 1945, as amended, not to exceed $58,000,000: Pro- cific investors or potential investors pursuant to a project to construct a diplomatic facility of the vided, That such costs, including the cost of section 234 of the Foreign Assistance Act of 1961, United States may not include office space or modifying such loans, shall be as defined in sec- shall not be considered administrative expenses other accommodations for an employee of a Fed- tion 502 of the Congressional Budget Act of 1974: for the purposes of this heading. eral agency or department if the Secretary of Provided further, That such funds shall remain PROGRAM ACCOUNT available until September 30, 2027, for the dis- State determines that such department or agen- For the cost of direct and guaranteed loans, bursement of direct loans, loan guarantees, in- cy has not provided to the Department of State $25,000,000, as authorized by section 234 of the surance and tied-aid grants obligated in fiscal the full amount of funding required by sub- Foreign Assistance Act of 1961, to be derived by years 2012, 2013, 2014, and 2015: Provided fur- section (e) of section 604 of the Secure Embassy transfer from the Overseas Private Investment ther, That none of the funds appropriated by Construction and Counterterrorism Act of 1999 Corporation Noncredit Account: Provided, That this Act or any prior Acts appropriating funds (as enacted into law by section 1000(a)(7) of such costs, including the cost of modifying such for the Department of State, foreign operations, Public Law 106–113 and contained in appendix loans, shall be as defined in section 502 of the and related programs for tied-aid credits or G of that Act; 113 Stat. 1501A–453), as amended Congressional Budget Act of 1974: Provided fur- grants may be used for any other purpose except by section 629 of the Departments of Commerce, ther, That such sums shall be available for di- through the regular notification procedures of Justice, and State, the Judiciary, and Related rect loan obligations and loan guaranty commit- the Committees on Appropriations. Agencies Appropriations Act, 2005. ments incurred or made during fiscal years 2012, (b) Notwithstanding the prohibition in sub- ADMINISTRATIVE EXPENSES 2013, and 2014: Provided further, That funds so section (a), a project to construct a diplomatic For administrative expenses to carry out the obligated in fiscal year 2012 remain available for facility of the United States may include office direct and guaranteed loan and insurance pro- disbursement through 2020; funds obligated in space or other accommodations for members of grams, including hire of passenger motor vehi- fiscal year 2013 remain available for disburse- the United States Marine Corps. cles and services as authorized by 5 U.S.C. 3109, ment through 2021; and funds obligated in fiscal (c) For the purposes of calculating the fiscal and not to exceed $30,000 for official reception year 2014 remain available for disbursement year 2012 costs of providing new United States and representation expenses for members of the through 2022: Provided further, That notwith- diplomatic facilities in accordance with section Board of Directors, not to exceed $89,900,000: standing any other provision of law, the Over- 604(e) of the Secure Embassy Construction and Provided, That the Export-Import Bank may ac- seas Private Investment Corporation is author- Counterterrorism Act of 1999 (22 U.S.C. 4865 cept, and use, payment or services provided by ized to undertake any program authorized by note), the Secretary of State, in consultation transaction participants for legal, financial, or title IV of chapter 2 of part I of the Foreign As- with the Director of the Office of Management technical services in connection with any trans- sistance Act of 1961 in Iraq: Provided further, and Budget, shall determine the annual pro- action for which an application for a loan, That funds made available pursuant to the au- gram level and agency shares in a manner that guarantee or insurance commitment has been thority of the previous proviso shall be subject is proportional to the Department of State’s con- made: Provided further, That notwithstanding to the regular notification procedures of the tribution for this purpose. subsection (b) of section 117 of the Export En- Committees on Appropriations. (d) Funds appropriated by this Act, and any hancement Act of 1992, subsection (a) thereof In addition, such sums as may be necessary prior Act making appropriations for the Depart- shall remain in effect until October 1, 2012: Pro- for administrative expenses to carry out the ment of State, foreign operations, and related

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00144 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9113 programs, which may be made available for the poses of this section, the prohibition on obliga- 632(b) of the Foreign Assistance Act of 1961 val- acquisition of property for diplomatic facilities tions or expenditures shall include direct loans, ued in excess of $1,000,000 and any agreement in Afghanistan, Pakistan, and Iraq, shall be credits, insurance and guarantees of the Export- made pursuant to section 632(a) of such Act, subject to prior consultation with, and the reg- Import Bank or its agents. with funds appropriated by this Act and prior ular notification procedures of, the Committees COUPS D’E´ TAT Acts making appropriations for the Department of State, foreign operations, and related pro- on Appropriations. SEC. 7008. None of the funds appropriated or grams under the headings ‘‘Global Health Pro- (e) Section 604(e)(1) of the Secure Embassy otherwise made available pursuant to titles III grams’’, ‘‘Development Assistance’’, and ‘‘Eco- Construction and Counterterrorism Act of 1999 through VI of this Act shall be obligated or ex- nomic Support Fund’’ shall be subject to the (22 U.S.C. 4865 note) is amended by striking pended to finance directly any assistance to the regular notification procedures of the Commit- ‘‘providing new,’’ and inserting in its place government of any country whose duly elected tees on Appropriations: Provided, That the re- ‘‘providing, maintaining, repairing, and ren- head of government is deposed by military coup quirement in the previous sentence shall not ovating’’. d’e´tat or decree or, after the date of enactment (f)(1) None of the funds appropriated under apply to agreements entered into between of this Act, a coup d’e´tat or decree in which the the heading ‘‘Embassy Security, Construction, USAID and the Department of State. military plays a decisive role: Provided, That as- and Maintenance’’ in this Act and in prior Acts (d) TRANSFERS BETWEEN ACCOUNTS.—None of sistance may be resumed to such government if making appropriations for the Department of the funds made available under titles II through the President determines and certifies to the State, foreign operations, and related programs, V of this Act may be obligated under an appro- Committees on Appropriations that subsequent made available through Federal agency Capital priation account to which they were not appro- to the termination of assistance a democratically Security Cost Sharing contributions and reim- priated, except for transfers specifically pro- elected government has taken office: Provided bursements, or generated from the proceeds of vided for in this Act, unless the President, not further, That the provisions of this section shall real property sales, other than from real prop- less than 5 days prior to the exercise of any au- not apply to assistance to promote democratic erty sales located in London, United Kingdom, thority contained in the Foreign Assistance Act elections or public participation in democratic may be made available for site acquisition and of 1961 to transfer funds, consults with and pro- processes: Provided further, That funds made mitigation, planning, design or construction of vides a written policy justification to the Com- available pursuant to the previous provisos shall the New London Embassy. mittees on Appropriations. be subject to the regular notification procedures (2) Within 60 days of enactment of this Act (e) AUDIT OF INTER-AGENCY TRANSFERS.—Any of the Committees on Appropriations. and every 6 months thereafter until completion agreement for the transfer or allocation of funds of the New London Embassy, the Secretary of TRANSFER AUTHORITY appropriated by this Act, or prior Acts, entered State shall submit to the Committees on Appro- SEC. 7009. (a) DEPARTMENT OF STATE AND into between the Department of State or USAID priations a report on the project: Provided, That BROADCASTING BOARD OF GOVERNORS.— and another agency of the United States Gov- such report shall include revenue and cost pro- (1) Not to exceed 5 percent of any appropria- ernment under the authority of section 632(a) of jections, cost containment efforts, project sched- tion made available for the current fiscal year the Foreign Assistance Act of 1961 or any com- ule and actual project status, the impact of cur- for the Department of State under title I of this parable provision of law, shall expressly provide rency exchange rate fluctuations on project rev- Act may be transferred between such appropria- that the Inspector General (IG) for the agency enue and costs, and options for modifying the tions, but no such appropriation, except as oth- receiving the transfer or allocation of such scope of the project in the event that proceeds of erwise specifically provided, shall be increased funds, or other entity with audit responsibility real property sales in London fall below the by more than 10 percent by any such transfers. if the receiving agency does not have an IG, total cost of the project. (2) Not to exceed 5 percent of any appropria- shall perform periodic program and financial tion made available for the current fiscal year audits of the use of such funds: Provided, That PERSONNEL ACTIONS for the Broadcasting Board of Governors under such audits shall be transmitted to the Commit- SEC. 7005. Any costs incurred by a department title I of this Act may be transferred between tees on Appropriations: Provided further, That or agency funded under title I of this Act result- such appropriations, but no such appropriation, funds transferred under such authority may be ing from personnel actions taken in response to except as otherwise specifically provided, shall made available for the cost of such audits. funding reductions included in this Act shall be be increased by more than 10 percent by any REPORTING REQUIREMENT absorbed within the total budgetary resources such transfers. SEC. 7010. The Secretary of State shall provide available under title I to such department or (3) Any transfer pursuant to this section shall agency: Provided, That the authority to trans- the Committees on Appropriations, not later be treated as a reprogramming of funds under than April 1, 2012, and for each fiscal quarter, fer funds between appropriations accounts as section 7015(a) and (b) of this Act and shall not may be necessary to carry out this section is a report in writing on the uses of funds made be available for obligation or expenditure except available under the headings ‘‘Foreign Military provided in addition to authorities included in compliance with the procedures set forth in elsewhere in this Act: Provided further, That Financing Program’’, ‘‘International Military that section. Education and Training’’, ‘‘Peacekeeping Oper- use of funds to carry out this section shall be (b) EXPORT FINANCING TRANSFER AUTHORI- ations’’, and ‘‘Pakistan Counterinsurgency Ca- treated as a reprogramming of funds under sec- TIES.—Not to exceed 5 percent of any appropria- pability Fund’’: Provided, That such report tion 7015 of this Act and shall not be available tion other than for administrative expenses shall include a description of the obligation and for obligation or expenditure except in compli- made available for fiscal year 2012, for programs expenditure of funds, and the specific country ance with the procedures set forth in that sec- under title VI of this Act may be transferred be- in receipt of, and the use or purpose of the as- tion. tween such appropriations for use for any of the sistance provided by such funds. LOCAL GUARD CONTRACTS purposes, programs, and activities for which the AVAILABILITY OF FUNDS SEC. 7006. In evaluating proposals for local funds in such receiving account may be used, SEC. 7011. No part of any appropriation con- guard contracts, the Secretary of State shall but no such appropriation, except as otherwise tained in this Act shall remain available for ob- award contracts in accordance with section 136 specifically provided, shall be increased by more ligation after the expiration of the current fiscal of the Foreign Relations Authorization Act, Fis- than 25 percent by any such transfer: Provided, year unless expressly so provided in this Act: cal Years 1990 and 1991 (22 U.S.C. 4864), except That the exercise of such authority shall be sub- Provided, That funds appropriated for the pur- that the Secretary may grant authorization to ject to the regular notification procedures of the poses of chapters 1 and 8 of part I, section 661, award such contracts on the basis of best value Committees on Appropriations. chapters 4, 5, 6, 8, and 9 of part II of the For- as determined by a cost-technical tradeoff anal- (c) LIMITATION ON TRANSFERS BETWEEN AGEN- eign Assistance Act of 1961, section 23 of the ysis (as described in Federal Acquisition Regula- CIES.— Arms Export Control Act, and funds provided tion part 15.101) in Iraq, Afghanistan, and (1) None of the funds made available under ti- under the headings ‘‘Assistance for Europe, Pakistan, notwithstanding subsection (c)(3) of tles II through V of this Act may be transferred Eurasia and Central Asia’’ and ‘‘Development such section: Provided, That the authority in to any department, agency, or instrumentality Credit Authority’’, shall remain available for an this section shall apply to any options for re- of the United States Government, except pursu- additional 4 years from the date on which the newal that may be exercised under such con- ant to a transfer made by, or transfer authority availability of such funds would otherwise have tracts that are awarded during the current fis- provided in, this Act or any other appropriation expired, if such funds are initially obligated be- cal year: Provided further, That prior to issuing Act. (2) Notwithstanding paragraph (1), in addi- fore the expiration of their respective periods of a solicitation for a contract to be awarded pur- tion to transfers made by, or authorized else- availability contained in this Act: Provided fur- suant to the authority under this section, the where in, this Act, funds appropriated by this ther, That notwithstanding any other provision Secretary of State shall consult with the Com- Act to carry out the purposes of the Foreign As- of this Act, any funds made available for the mittees on Appropriations and other relevant sistance Act of 1961 may be allocated or trans- purposes of chapter 1 of part I and chapter 4 of congressional committees. ferred to agencies of the United States Govern- part II of the Foreign Assistance Act of 1961 PROHIBITION AGAINST DIRECT FUNDING FOR ment pursuant to the provisions of sections 109, which are allocated or obligated for cash dis- CERTAIN COUNTRIES 610, and 632 of the Foreign Assistance Act of bursements in order to address balance of pay- SEC. 7007. None of the funds appropriated or 1961. ments or economic policy reform objectives, shall otherwise made available pursuant to titles III (3) Any agreement entered into by the United remain available for an additional 4 years from through VI of this Act shall be obligated or ex- States Agency for International Development the date on which the availability of such funds pended to finance directly any assistance or (USAID) or the Department of State with any would otherwise have expired, if such funds are reparations for the governments of Cuba, North department, agency, or instrumentality of the initially allocated or obligated before the expira- Korea, Iran, or Syria: Provided, That for pur- United States Government pursuant to section tion of their respective periods of availability

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00145 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9114 CONGRESSIONAL RECORD — HOUSE December 15, 2011 contained in this Act: Provided further, That (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to (7) reorganizes programs or activities; or the Secretary of State shall provide a report to value added taxes and customs duties imposed (8) contracts out or privatizes any functions the Committees on Appropriations at the begin- on commodities financed with United States as- or activities presently performed by Federal em- ning of each fiscal year, detailing by account sistance for programs for which funds are ap- ployees; and source year, the use of this authority dur- propriated by this Act; and unless the Committees on Appropriations are no- ing the previous fiscal year. (2) the term ‘‘bilateral agreement’’ refers to a tified 15 days in advance of such reprogramming of funds: Provided, That unless previously justi- LIMITATION ON ASSISTANCE TO COUNTRIES IN framework bilateral agreement between the Gov- fied to the Committees on Appropriations, the DEFAULT ernment of the United States and the govern- ment of the country receiving assistance that requirements of this subsection shall apply to all SEC. 7012. No part of any appropriation pro- describes the privileges and immunities applica- obligations of funds appropriated under title I vided under titles III through VI in this Act of this Act for items (5) and (6) above. shall be used to furnish assistance to the gov- ble to United States foreign assistance for such country generally, or an individual agreement (b) None of the funds provided under title I of ernment of any country which is in default dur- this Act, or provided under previous appropria- ing a period in excess of one calendar year in between the Government of the United States and such government that describes, among tions Acts to the agency or department funded payment to the United States of principal or in- under title I of this Act that remain available terest on any loan made to the government of other things, the treatment for tax purposes that will be accorded the United States assistance for obligation or expenditure in fiscal year 2012, such country by the United States pursuant to or provided from any accounts in the Treasury a program for which funds are appropriated provided under that agreement. (h) REPORT.—The Secretary of State shall of the United States derived by the collection of under this Act unless the President determines, submit a report to the Committees on Appropria- fees available to the agency or department fund- following consultations with the Committees on tions not later than 90 days after the enactment ed under title I of this Act, shall be available for Appropriations, that assistance for such country of this Act detailing steps taken by the Depart- obligation or expenditure for activities, pro- is in the national interest of the United States. ment of State to comply with the requirements grams, or projects through a reprogramming of PROHIBITION ON TAXATION OF UNITED STATES provided in subsections (a) and (f). funds in excess of $1,000,000 or 10 percent, ASSISTANCE whichever is less, that: RESERVATIONS OF FUNDS (1) augments existing programs, projects, or SEC. 7013. (a) PROHIBITION ON TAXATION.— SEC. 7014. (a) Funds appropriated under titles None of the funds appropriated under titles III activities; II through VI of this Act which are specifically (2) reduces by 10 percent funding for any ex- through VI of this Act may be made available to designated may be reprogrammed for other pro- isting program, project, or activity, or numbers provide assistance for a foreign country under a grams within the same account notwithstanding of personnel by 10 percent as approved by Con- new bilateral agreement governing the terms the designation if compliance with the designa- gress; or and conditions under which such assistance is tion is made impossible by operation of any pro- (3) results from any general savings, including to be provided unless such agreement includes a vision of this or any other Act: Provided, That savings from a reduction in personnel, which provision stating that assistance provided by the any such reprogramming shall be subject to the would result in a change in existing programs, United States shall be exempt from taxation, or regular notification procedures of the Commit- activities, or projects as approved by Congress; reimbursed, by the foreign government, and the tees on Appropriations: Provided further, That unless the Committees on Appropriations are no- Secretary of State shall expeditiously seek to ne- assistance that is reprogrammed pursuant to tified 15 days in advance of such reprogramming gotiate amendments to existing bilateral agree- this subsection shall be made available under of funds. ments, as necessary, to conform with this re- the same terms and conditions as originally pro- (c) None of the funds made available under ti- quirement. vided. tles II through VI and VIII in this Act under (b) REIMBURSEMENT OF FOREIGN TAXES.—An (b) In addition to the authority contained in the headings ‘‘Global Health Programs’’, ‘‘De- amount equivalent to 200 percent of the total subsection (a), the original period of availability velopment Assistance’’, ‘‘International Organi- taxes assessed during fiscal year 2012 on funds of funds appropriated by this Act and adminis- zations and Programs’’, ‘‘Trade and Develop- appropriated by this Act by a foreign govern- tered by the United States Agency for Inter- ment Agency’’, ‘‘International Narcotics Control ment or entity against commodities financed national Development (USAID) that are specifi- and Law Enforcement’’, ‘‘Assistance for Europe, under United States assistance programs for cally designated for particular programs or ac- Eurasia and Central Asia’’, ‘‘Economic Support which funds are appropriated by this Act, either tivities by this or any other Act shall be ex- Fund’’, ‘‘Democracy Fund’’, ‘‘Peacekeeping Op- directly or through grantees, contractors and tended for an additional fiscal year if the erations’’, ‘‘Capital Investment Fund’’, ‘‘Oper- subcontractors shall be withheld from obligation USAID Administrator determines and reports ating Expenses’’, ‘‘Conflict Stabilization Oper- from funds appropriated for assistance for fiscal promptly to the Committees on Appropriations ations’’, ‘‘Office of Inspector General’’, ‘‘Non- year 2013 and allocated for the central govern- that the termination of assistance to a country proliferation, Anti-terrorism, Demining and Re- ment of such country and for the West Bank or a significant change in circumstances makes lated Programs’’, ‘‘Millennium Challenge Cor- and Gaza program to the extent that the Sec- poration’’, ‘‘Foreign Military Financing Pro- it unlikely that such designated funds can be retary of State certifies and reports in writing to gram’’, ‘‘International Military Education and obligated during the original period of avail- the Committees on Appropriations that such Training’’, ‘‘Pakistan Counterinsurgency Capa- ability: Provided, That such designated funds taxes have not been reimbursed to the Govern- bility Fund’’, and ‘‘Peace Corps’’, shall be that continue to be available for an additional ment of the United States. available for obligation for activities, programs, fiscal year shall be obligated only for the pur- (c) DE MINIMIS EXCEPTION.—Foreign taxes of projects, type of materiel assistance, countries, pose of such designation. a de minimis nature shall not be subject to the or other operations not justified or in excess of (c) Ceilings and specifically designated fund- provisions of subsection (b). the amount justified to the Committees on Ap- ing levels contained in this Act shall not be ap- (d) REPROGRAMMING OF FUNDS.—Funds with- propriations for obligation under any of these plicable to funds or authorities appropriated or held from obligation for each country or entity specific headings unless the Committees on Ap- otherwise made available by any subsequent Act pursuant to subsection (b) shall be repro- propriations are notified 15 days in advance: unless such Act specifically so directs: Provided, grammed for assistance to countries which do Provided, That the President shall not enter That specifically designated funding levels or not assess taxes on United States assistance or into any commitment of funds appropriated for minimum funding requirements contained in which have an effective arrangement that is the purposes of section 23 of the Arms Export any other Act shall not be applicable to funds providing substantial reimbursement of such Control Act for the provision of major defense appropriated by this Act. taxes. equipment, other than conventional ammuni- (e) DETERMINATIONS.— NOTIFICATION REQUIREMENTS tion, or other major defense items defined to be (1) The provisions of this section shall not SEC. 7015. (a) None of the funds made avail- aircraft, ships, missiles, or combat vehicles, not apply to any country or entity the Secretary of able in title I of this Act, or in prior appropria- previously justified to Congress or 20 percent in State determines— tions Acts to the agencies and departments excess of the quantities justified to Congress un- (A) does not assess taxes on United States as- funded by this Act that remain available for ob- less the Committees on Appropriations are noti- sistance or which has an effective arrangement ligation or expenditure in fiscal year 2012, or fied 15 days in advance of such commitment: that is providing substantial reimbursement of provided from any accounts in the Treasury of Provided further, That requirements of this sub- such taxes; or the United States derived by the collection of section or any similar provision of any other Act (B) the foreign policy interests of the United fees or of currency reflows or other offsetting shall not apply to any reprogramming for an ac- States outweigh the purpose of this section to collections, or made available by transfer, to the tivity, program, or project for which funds are ensure that United States assistance is not sub- agencies and departments funded by this Act, appropriated under titles II through IV of this ject to taxation. shall be available for obligation or expenditure Act of less than 10 percent of the amount pre- (2) The Secretary of State shall consult with through a reprogramming of funds that: viously justified to the Congress for obligation the Committees on Appropriations at least 15 (1) creates new programs; for such activity, program, or project for the days prior to exercising the authority of this (2) eliminates a program, project, or activity; current fiscal year. subsection with regard to any country or entity. (3) increases funds or personnel by any means (d) Notwithstanding any other provision of (f) IMPLEMENTATION.—The Secretary of State for any project or activity for which funds have law, with the exception of funds transferred to, shall issue rules, regulations, or policy guid- been denied or restricted; and merged with, funds appropriated under title ance, as appropriate, to implement the prohibi- (4) relocates an office or employees; I of this Act, funds transferred by the Depart- tion against the taxation of assistance con- (5) closes or opens a mission or post; ment of Defense to the Department of State and tained in this section. (6) creates, reorganizes, or renames bureaus, the United States Agency for International De- (g) DEFINITIONS.—As used in this section— centers, or offices; velopment for assistance for foreign countries

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00146 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9115 and international organizations, and funds eign Assistance Act of 1961, as amended, may be (A) grants sanctuary from prosecution to any made available for programs authorized by sec- used to pay for any biomedical research which individual or group which has committed an act tion 1206 of the National Defense Authorization relates in whole or in part, to methods of, or the of international terrorism; Act for Fiscal Year 2006 (Public Law 109–163), performance of, abortions or involuntary steri- (B) otherwise supports international ter- shall be subject to the regular notification pro- lization as a means of family planning. None of rorism; or cedures of the Committees on Appropriations. the funds made available to carry out part I of (C) is controlled by an organization des- (e) The requirements of this section or any the Foreign Assistance Act of 1961, as amended, ignated as a terrorist organization under section similar provision of this Act or any other Act, may be obligated or expended for any country or 219 of the Immigration and Nationality Act. including any prior Act requiring notification in organization if the President certifies that the (2) The President may waive the application accordance with the regular notification proce- use of these funds by any such country or orga- of paragraph (1) to a government if the Presi- dures of the Committees on Appropriations, may nization would violate any of the above provi- dent determines that national security or hu- be waived if failure to do so would pose a sub- sions related to abortions and involuntary steri- manitarian reasons justify such waiver: Pro- stantial risk to human health or welfare: Pro- lizations. vided, That the President shall publish each vided, That in case of any such waiver, notifi- ALLOCATIONS such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall no- cation to the Committees on Appropriations SEC. 7019. (a) Funds provided in this Act shall tify the Committees on Appropriations of the shall be provided as early as practicable, but in be made available for programs and countries in waiver (including the justification for the waiv- no event later than 3 days after taking the ac- the amounts contained in the respective tables er) in accordance with the regular notification tion to which such notification requirement was included in the joint explanatory statement ac- procedures of the Committees on Appropriations. applicable, in the context of the circumstances companying this Act. necessitating such waiver: Provided further, (b) For the purposes of implementing this sec- AUTHORIZATION REQUIREMENTS That any notification provided pursuant to tion and only with respect to the tables included SEC. 7022. Funds appropriated by this Act, ex- such a waiver shall contain an explanation of in the joint explanatory statement accom- cept funds appropriated under the heading the emergency circumstances. panying this Act, the Secretary of State, the Ad- ‘‘Trade and Development Agency’’, may be obli- (f) None of the funds appropriated under titles ministrator of the United States Agency for gated and expended notwithstanding section 10 III through VI and VIII of this Act shall be obli- International Development and the Broad- of Public Law 91–672, section 15 of the State De- gated or expended for assistance for Serbia, casting Board of Governors, as appropriate, may partment Basic Authorities Act of 1956, section Sudan, South Sudan, Zimbabwe, Afghanistan, propose deviations to the amounts referenced in 313 of the Foreign Relations Authorization Act, Iraq, Pakistan, Cuba, Iran, Haiti, Libya, Ethi- subsection (a), subject to the regular notifica- Fiscal Years 1994 and 1995 (Public Law 103–236), opia, Nepal, Colombia, Honduras, Burma, tion procedures of the Committees on Appropria- and section 504(a)(1) of the National Security Yemen, Mexico, Kazakhstan, Uzbekistan, the tions. Act of 1947 (50 U.S.C. 414(a)(1)). Russian Federation, Somalia, Sri Lanka, or PROHIBITION OF PAYMENT OF CERTAIN EXPENSES DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY Cambodia except as provided through the reg- ular notification procedures of the Committees SEC. 7020. None of the funds appropriated or SEC. 7023. For the purpose of titles II through on Appropriations. otherwise made available by this Act under the VI of this Act ‘‘program, project, and activity’’ headings ‘‘International Military Education shall be defined at the appropriations Act ac- NOTIFICATION ON EXCESS DEFENSE EQUIPMENT and Training’’ or ‘‘Foreign Military Financing count level and shall include all appropriations SEC. 7016. Prior to providing excess Depart- Program’’ for Informational Program activities and authorizations Acts funding directives, ceil- ment of Defense articles in accordance with sec- or under the headings ‘‘Global Health Pro- ings, and limitations with the exception that for tion 516(a) of the Foreign Assistance Act of 1961, grams’’, ‘‘Development Assistance’’, and ‘‘Eco- the following accounts: ‘‘Economic Support the Department of Defense shall notify the Com- nomic Support Fund’’ may be obligated or ex- Fund’’ and ‘‘Foreign Military Financing Pro- mittees on Appropriations to the same extent pended to pay for— gram’’, ‘‘program, project, and activity’’ shall and under the same conditions as other commit- (1) alcoholic beverages; or also be considered to include country, regional, tees pursuant to subsection (f) of that section: (2) entertainment expenses for activities that and central program level funding within each Provided, That before issuing a letter of offer to are substantially of a recreational character, in- such account; for the development assistance sell excess defense articles under the Arms Ex- cluding but not limited to entrance fees at sport- accounts of the United States Agency for Inter- port Control Act, the Department of Defense ing events, theatrical and musical productions, national Development ‘‘program, project, and shall notify the Committees on Appropriations and amusement parks. activity’’ shall also be considered to include cen- in accordance with the regular notification pro- PROHIBITION ON ASSISTANCE TO GOVERNMENTS tral, country, regional, and program level fund- cedures of such Committees if such defense arti- SUPPORTING INTERNATIONAL TERRORISM ing, either as: cles are significant military equipment (as de- SEC. 7021. (a) LETHAL MILITARY EQUIPMENT (1) justified to the Congress; or fined in section 47(9) of the Arms Export Control EXPORTS.— (2) allocated by the executive branch in ac- Act) or are valued (in terms of original acquisi- (1) None of the funds appropriated or other- cordance with a report, to be provided to the tion cost) at $7,000,000 or more, or if notification wise made available by titles III through VI of Committees on Appropriations within 30 days of is required elsewhere in this Act for the use of this Act may be available to any foreign govern- the enactment of this Act, as required by section appropriated funds for specific countries that ment which provides lethal military equipment 653(a) of the Foreign Assistance Act of 1961. would receive such excess defense articles: Pro- to a country the government of which the Sec- AUTHORITIES FOR THE PEACE CORPS, INTER-AMER- vided further, That such Committees shall also retary of State has determined supports inter- ICAN FOUNDATION AND AFRICAN DEVELOPMENT be informed of the original acquisition cost of national terrorism for purposes of section 6(j) of FOUNDATION such defense articles. the Export Administration Act of 1979: Provided, SEC. 7024. Unless expressly provided to the LIMITATION ON AVAILABILITY OF FUNDS FOR That the prohibition under this section with re- contrary, provisions of this or any other Act, in- INTERNATIONAL ORGANIZATIONS AND PROGRAMS spect to a foreign government shall terminate 12 cluding provisions contained in prior Acts au- SEC. 7017. Subject to the regular notification months after that government ceases to provide thorizing or making appropriations for the De- procedures of the Committees on Appropriations, such military equipment: Provided further, That partment of State, foreign operations, and re- funds appropriated under titles III through VI this section applies with respect to lethal mili- lated programs, shall not be construed to pro- of this Act and prior Acts making appropria- tary equipment provided under a contract en- hibit activities authorized by or conducted tions for the Department of State, foreign oper- tered into after October 1, 1997. under the Peace Corps Act, the Inter-American ations, and related programs, which are re- (2) Assistance restricted by paragraph (1) or Foundation Act or the African Development turned or not made available for organizations any other similar provision of law, may be fur- Foundation Act: Provided, That prior to con- and programs because of the implementation of nished if the President determines that to do so ducting activities in a country for which assist- section 307(a) of the Foreign Assistance Act of is important to the national interests of the ance is prohibited, the agency shall consult with 1961 or section 7049(a) of this Act, shall remain United States. the Committees on Appropriations and report to available for obligation until September 30, 2013. (3) Whenever the President makes a deter- such Committees within 15 days of taking such mination pursuant to paragraph (2), the Presi- action. PROHIBITION ON FUNDING FOR ABORTIONS AND dent shall submit to the Committees on Appro- INVOLUNTARY STERILIZATION priations a report with respect to the furnishing COMMERCE, TRADE AND SURPLUS COMMODITIES SEC. 7018. None of the funds made available to of such assistance, including a detailed expla- SEC. 7025. (a) None of the funds appropriated carry out part I of the Foreign Assistance Act of nation of the assistance to be provided, the esti- or made available pursuant to titles III through 1961, as amended, may be used to pay for the mated dollar amount of such assistance, and an VI of this Act for direct assistance and none of performance of abortions as a method of family explanation of how the assistance furthers the funds otherwise made available to the Ex- planning or to motivate or coerce any person to United States national interests. port-Import Bank and the Overseas Private In- practice abortions. None of the funds made (b) BILATERAL ASSISTANCE.— vestment Corporation shall be obligated or ex- available to carry out part I of the Foreign As- (1) Funds appropriated for bilateral assistance pended to finance any loan, any assistance or sistance Act of 1961, as amended, may be used to in titles III through VI of this Act and funds any other financial commitments for estab- pay for the performance of involuntary steriliza- appropriated under any such title in prior acts lishing or expanding production of any com- tion as a method of family planning or to coerce making appropriations for the Department of modity for export by any country other than the or provide any financial incentive to any person State, foreign operations, and related programs, United States, if the commodity is likely to be in to undergo sterilizations. None of the funds shall not be made available to any foreign gov- surplus on world markets at the time the result- made available to carry out part I of the For- ernment which the President determines— ing productive capacity is expected to become

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operative and if the assistance will cause sub- (i) the amount of the local currencies to be ELIGIBILITY FOR ASSISTANCE stantial injury to United States producers of the generated; and SEC. 7027. (a) ASSISTANCE THROUGH NON- same, similar, or competing commodity: Pro- (ii) the terms and conditions under which the GOVERNMENTAL ORGANIZATIONS.—Restrictions vided, That such prohibition shall not apply to currencies so deposited may be utilized, con- contained in this or any other Act with respect the Export-Import Bank if in the judgment of its sistent with this section; and to assistance for a country shall not be con- Board of Directors the benefits to industry and (C) establish by agreement with that govern- strued to restrict assistance in support of pro- employment in the United States are likely to ment the responsibilities of USAID and that grams of nongovernmental organizations from outweigh the injury to United States producers government to monitor and account for deposits funds appropriated by this Act to carry out the of the same, similar, or competing commodity, into and disbursements from the separate ac- provisions of chapters 1, 10, 11, and 12 of part I and the Chairman of the Board so notifies the count. and chapter 4 of part II of the Foreign Assist- Committees on Appropriations: Provided fur- (2) USES OF LOCAL CURRENCIES.—As may be ance Act of 1961, and from funds appropriated ther, That this subsection shall not prohibit— agreed upon with the foreign government, local under the heading ‘‘Assistance for Europe, Eur- (1) activities in a country that is eligible for currencies deposited in a separate account pur- asia and Central Asia’’: Provided, That before assistance from the International Development suant to subsection (a), or an equivalent using the authority of this subsection to furnish Association, is not eligible for assistance from amount of local currencies, shall be used only— assistance in support of programs of nongovern- the International Bank for Reconstruction and (A) to carry out chapter 1 or 10 of part I or mental organizations, the President shall notify Development, and does not export on a con- chapter 4 of part II of the Foreign Assistance the Committees on Appropriations under the sistent basis the agricultural commodity with re- Act of 1961 (as the case may be), for such pur- regular notification procedures of those commit- spect to which assistance is furnished; or poses as— tees, including a description of the program to (2) activities in a country the President deter- (i) project and sector assistance activities; or be assisted, the assistance to be provided, and mines is recovering from widespread conflict, a (ii) debt and deficit financing; or the reasons for furnishing such assistance: Pro- humanitarian crisis, or a complex emergency. (B) for the administrative requirements of the vided further, That nothing in this subsection (b) None of the funds appropriated by this or United States Government. shall be construed to alter any existing statu- any other Act to carry out chapter 1 of part I (3) PROGRAMMING ACCOUNTABILITY.—USAID tory prohibitions against abortion or involun- of the Foreign Assistance Act of 1961 shall be shall take all necessary steps to ensure that the tary sterilizations contained in this or any other available for any testing or breeding feasibility equivalent of the local currencies disbursed pur- Act. study, variety improvement or introduction, suant to subsection (a)(2)(A) from the separate (b) PUBLIC LAW 480.—During fiscal year 2012, consultancy, publication, conference, or train- account established pursuant to subsection restrictions contained in this or any other Act ing in connection with the growth or production (a)(1) are used for the purposes agreed upon with respect to assistance for a country shall in a foreign country of an agricultural com- pursuant to subsection (a)(2). not be construed to restrict assistance under the modity for export which would compete with a (4) TERMINATION OF ASSISTANCE PROGRAMS.— Agricultural Trade Development and Assistance similar commodity grown or produced in the Upon termination of assistance to a country Act of 1954: Provided, That none of the funds United States: Provided, That this subsection under chapter 1 or 10 of part I or chapter 4 of appropriated to carry out title I of such Act and shall not prohibit— part II of the Foreign Assistance Act of 1961 (as made available pursuant to this subsection may (1) activities designed to increase food security the case may be), any unencumbered balances of be obligated or expended except as provided in developing countries where such activities funds which remain in a separate account es- through the regular notification procedures of will not have a significant impact on the export tablished pursuant to subsection (a) shall be dis- the Committees on Appropriations. of agricultural commodities of the United States; posed of for such purposes as may be agreed to (c) EXCEPTION.—This section shall not (2) research activities intended primarily to by the government of that country and the apply— benefit American producers; United States Government. (1) with respect to section 620A of the Foreign (3) activities in a country that is eligible for (5) REPORTING REQUIREMENT.—The USAID Assistance Act of 1961 or any comparable provi- assistance from the International Development Administrator shall report on an annual basis sion of law prohibiting assistance to countries Association, is not eligible for assistance from as part of the justification documents submitted that support international terrorism; or the International Bank for Reconstruction and to the Committees on Appropriations on the use (2) with respect to section 116 of the Foreign Development, and does not export on a con- of local currencies for the administrative re- Assistance Act of 1961 or any comparable provi- sistent basis the agricultural commodity with re- quirements of the United States Government as sion of law prohibiting assistance to the govern- spect to which assistance is furnished; or authorized in subsection (a)(2)(B), and such re- ment of a country that violates internationally (4) activities in a country the President deter- port shall include the amount of local currency recognized human rights. mines is recovering from widespread conflict, a (and United States dollar equivalent) used and/ IMPACT ON JOBS IN THE UNITED STATES humanitarian crisis, or a complex emergency. or to be used for such purpose in each applica- SEC. 7028. None of the funds appropriated (c) The Secretary of the Treasury shall in- ble country. struct the United States Executive Directors of under titles III through VI of this Act may be (b) SEPARATE ACCOUNTS FOR CASH TRANS- the International Bank for Reconstruction and obligated or expended to provide— FERS.— (1) any financial incentive to a business enter- Development, the International Development (1) If assistance is made available to the gov- prise currently located in the United States for Association, the International Finance Corpora- ernment of a foreign country, under chapter 1 the purpose of inducing such an enterprise to tion, the Inter-American Development Bank, the or 10 of part I or chapter 4 of part II of the For- relocate outside the United States if such incen- International Monetary Fund, the Asian Devel- eign Assistance Act of 1961, as cash transfer as- tive or inducement is likely to reduce the num- opment Bank, the Inter-American Investment sistance or as nonproject sector assistance, that ber of employees of such business enterprise in Corporation, the North American Development country shall be required to maintain such the United States because United States produc- Bank, the European Bank for Reconstruction funds in a separate account and not commingle tion is being replaced by such enterprise outside and Development, the African Development them with any other funds. Bank, and the African Development Fund to the United States; or (2) APPLICABILITY OF OTHER PROVISIONS OF use the voice and vote of the United States to (2) assistance for any program, project, or ac- LAW.—Such funds may be obligated and ex- tivity that contributes to the violation of inter- oppose any assistance by these institutions, pended notwithstanding provisions of law nationally recognized workers rights, as defined using funds appropriated or made available pur- which are inconsistent with the nature of this in section 507(4) of the Trade Act of 1974, of suant to titles III through VI of this Act, for the assistance including provisions which are ref- workers in the recipient country, including any production or extraction of any commodity or erenced in the Joint Explanatory Statement of designated zone or area in that country: Pro- mineral for export, if it is in surplus on world the Committee of Conference accompanying vided, That the application of section 507(4)(D) markets and if the assistance will cause sub- House Joint Resolution 648 (House Report No. and (E) of such Act should be commensurate stantial injury to United States producers of the 98–1159). same, similar, or competing commodity. with the level of development of the recipient (3) NOTIFICATION.—At least 15 days prior to country and sector, and shall not preclude as- SEPARATE ACCOUNTS obligating any such cash transfer or nonproject sistance for the informal sector in such country, SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL sector assistance, the President shall submit a micro and small-scale enterprise, and CURRENCIES.— notification through the regular notification smallholder agriculture. (1) If assistance is furnished to the govern- procedures of the Committees on Appropriations, ment of a foreign country under chapters 1 and which shall include a detailed description of INTERNATIONAL FINANCIAL INSTITUTIONS 10 of part I or chapter 4 of part II of the Foreign how the funds proposed to be made available SEC. 7029. (a) None of the funds appropriated Assistance Act of 1961 under agreements which will be used, with a discussion of the United under title V of this Act may be made as pay- result in the generation of local currencies of States interests that will be served by the assist- ment to any international financial institution that country, the Administrator of the United ance (including, as appropriate, a description of while the United States executive director to States Agency for International Development the economic policy reforms that will be pro- such institution is compensated by the institu- (USAID) shall— moted by such assistance). tion at a rate which, together with whatever (A) require that local currencies be deposited (4) EXEMPTION.—Nonproject sector assistance compensation such executive director receives in a separate account established by that gov- funds may be exempt from the requirements of from the United States, is in excess of the rate ernment; subsection (b)(1) only through the regular noti- provided for an individual occupying a position (B) enter into an agreement with that govern- fication procedures of the Committees on Appro- at level IV of the Executive Schedule under sec- ment which sets forth— priations. tion 5315 of title 5, United States Code, or while

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United States. (c) The Secretary of the Treasury shall in- (3) The USAID Administrator or the Secretary (2) Individuals shall not be ineligible if entry struct the United States Executive Director of of State, as appropriate, shall suspend any such into the United States would further important the International Monetary Fund (the Fund) to assistance if the Administrator or the Secretary United States law enforcement objectives or is use the voice and vote of the United States to has credible information of material misuse of necessary to permit the United States to fulfill oppose any loan, project, agreement, memo- such assistance, unless the Administrator or the its obligations under the United Nations Head- randum, instrument, plan, or other program of Secretary determines and reports to the Commit- quarters Agreement: Provided, That nothing in the Fund to a Heavily Indebted Poor Country tees on Appropriations that it is in the national this provision shall be construed to derogate that imposes budget caps or restraints that do interest of the United States to continue such from United States Government obligations not allow the maintenance of or an increase in assistance. under applicable international agreements. governmental spending on healthcare or edu- (4) Not later than 90 days after the enactment (3) The Secretary may waive the application cation; and to promote government spending on of this Act and 6 months thereafter, the USAID of paragraph (1) if the Secretary determines that healthcare, education, agriculture and food se- Administrator shall submit to the Committees on the waiver would serve a compelling national curity, or other critical safety net programs in Appropriations a report that— interest or that the circumstances which caused all of the Fund’s activities with respect to Heav- (A) details all assistance described in sub- the individual to be ineligible have changed suf- ily Indebted Poor Countries. section (a) provided during the previous 6- ficiently. (d) For the purposes of this Act ‘‘international month period by country, funding amount, (4) Not later than 90 days after enactment of financial institutions’’ shall mean the Inter- source of funds, and type of such assistance; this Act and 180 days thereafter, the Secretary national Bank for Reconstruction and Develop- and of State shall submit a report, in classified form ment, the International Development Associa- (B) the type of procurement instrument or if necessary, to the Committees on Appropria- tion, the International Finance Corporation, the mechanism utilized and whether the assistance tions describing the information regarding cor- Inter-American Development Bank, the Inter- was provided on a cost-reimbursable basis. ruption concerning each of the individuals national Monetary Fund, the Asian Develop- (5) The USAID Administrator shall submit to found ineligible pursuant to paragraph (1), a ment Bank, the Asian Development Fund, the the Committees on Appropriations, concurrent list of any waivers provided under subsection Inter-American Investment Corporation, the with the fiscal year 2013 congressional budget (3), and the justification for each waiver. justification materials, amounts planned for as- North American Development Bank, the Euro- AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR sistance described in subsection (a) by country, pean Bank for Reconstruction and Develop- SALES ment, the African Development Bank and the proposed funding amount, source of funds, and SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, RE- African Development Fund. type of assistance. (b) NATIONAL BUDGET AND CONTRACT TRANS- DUCTION, OR CANCELLATION.— DEBT-FOR-DEVELOPMENT PARENCY.— (1) AUTHORITY TO SELL, REDUCE, OR CANCEL SEC. 7030. In order to enhance the continued (1) LIMITATION ON FUNDING.—None of the CERTAIN LOANS.—Notwithstanding any other participation of nongovernmental organizations funds appropriated under titles III and IV of provision of law, the President may, in accord- in debt-for-development and debt-for-nature ex- this Act may be made available to the central ance with this section, sell to any eligible pur- changes, a nongovernmental organization government of any country that does not meet chaser any concessional loan or portion thereof which is a grantee or contractor of the United minimum standards of fiscal transparency: Pro- made before January 1, 1995, pursuant to the States Agency for International Development vided, That the Secretary of State shall develop Foreign Assistance Act of 1961, to the govern- may place in interest bearing accounts local ‘‘minimum standards of fiscal transparency’’ to ment of any eligible country as defined in sec- currencies which accrue to that organization as be updated and strengthened, as appropriate, to tion 702(6) of that Act or on receipt of payment a result of economic assistance provided under reflect best practices: Provided further, That the from an eligible purchaser, reduce or cancel title III of this Act and, subject to the regular Secretary shall make an annual determination such loan or portion thereof, only for the pur- notification procedures of the Committees on of ‘‘progress’’ or ‘‘no progress’’ for countries pose of facilitating— Appropriations, any interest earned on such in- that do not meet minimum standards of fiscal (A) debt-for-equity swaps, debt-for-develop- vestment shall be used for the purpose for which transparency and make those determinations ment swaps, or debt-for-nature swaps; or the assistance was provided to that organiza- publicly available in an annual ‘‘Fiscal Trans- (B) a debt buyback by an eligible country of tion. parency Report’’. its own qualified debt, only if the eligible coun- FINANCIAL MANAGEMENT AND BUDGET (2) MINIMUM STANDARDS OF FISCAL TRANS- try uses an additional amount of the local cur- TRANSPARENCY PARENCY.—For purposes of paragraph (1), ‘‘min- rency of the eligible country, equal to not less SEC. 7031. (a) LIMITATION ON DIRECT GOVERN- imum standards of fiscal transparency’’ shall than 40 percent of the price paid for such debt MENT-TO-GOVERNMENT ASSISTANCE.— include standards for the public disclosure of by such eligible country, or the difference be- (1) Funds appropriated by this Act may be budget documentation, including receipts and tween the price paid for such debt and the face made available for direct Government-to-Gov- expenditures by ministry, and government con- value of such debt, to support activities that ernment assistance only if— tracts and licenses for natural resource extrac- link conservation and sustainable use of natural (A) each implementing agency or ministry to tion, to include bidding and concession alloca- resources with local community development, receive assistance has been assessed and is con- tion practices. and child survival and other child development, sidered to have the systems required to manage (3) WAIVER.—The Secretary of State may in a manner consistent with sections 707 such assistance and any identified waive the limitation on funding in paragraph through 710 of the Foreign Assistance Act of vulnerabilities or weaknesses of such agency or (1) on a country-by-country basis if the Sec- 1961, if the sale, reduction, or cancellation ministry have been addressed; and retary reports to the Committees on Appropria- would not contravene any term or condition of (i) the recipient agency or ministry employs tions that the waiver is important to the na- any prior agreement relating to such loan. and utilizes staff with the necessary technical, tional interest of the United States: Provided, (2) TERMS AND CONDITIONS.—Notwithstanding financial, and management capabilities; That such waiver shall identify any steps taken any other provision of law, the President shall, (ii) the recipient agency or ministry has by the government of the country to publicly in accordance with this section, establish the adopted competitive procurement policies and disclose its national budget and contracts which terms and conditions under which loans may be systems; are additional to those which were undertaken sold, reduced, or canceled pursuant to this sec- (iii) effective monitoring and evaluation sys- in previous fiscal years, include specific rec- tion. tems are in place to ensure that such assistance ommendations of short- and long-term steps (3) ADMINISTRATION.—The Facility, as defined is used for its intended purposes; and such government can take to improve budget in section 702(8) of the Foreign Assistance Act of (iv) no level of acceptable fraud is assumed. transparency, and identify benchmarks for 1961, shall notify the administrator of the agen- (B) the Government of the United States and measuring progress. cy primarily responsible for administering part I the government of the recipient country have (4) ASSISTANCE.—Of the funds appropriated of the Foreign Assistance Act of 1961 of pur- agreed, in writing— under title III of this Act, not less than chasers that the President has determined to be

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President for using the loan for the purpose of carry out the Program for Research and Train- (i) PARTNER VETTING.—Funds appropriated in engaging in debt-for-equity swaps, debt-for-de- ing on Eastern Europe and the Independent this Act or any prior Acts making appropria- velopment swaps, or debt-for-nature swaps. States of the Former Soviet Union (title VIII) as tions for the Department of State, foreign oper- (d) DEBTOR CONSULTATIONS.—Before the sale authorized by the Soviet-Eastern European Re- ations, and related programs shall be used by to any eligible purchaser, or any reduction or search and Training Act of 1983 (22 U.S.C. 4501– the Secretary of State and the Administrator of cancellation pursuant to this section, of any 4508). the United States Agency for International De- loan made to an eligible country, the President (f) CONTINGENCIES.—During fiscal year 2012, velopment (USAID), as appropriate, to support should consult with the country concerning the the President may use up to $50,000,000 under the development and implementation of a Part- amount of loans to be sold, reduced, or canceled the authority of section 451 of the Foreign As- ner Vetting System (PVS) pilot program: Pro- and their uses for debt-for-equity swaps, debt- sistance Act of 1961, notwithstanding any other vided, That such pilot program shall be imple- for-development swaps, or debt-for-nature provision of law. mented not later than September 30, 2012: Pro- swaps. (g) CONSOLIDATION OF REPORTS.—The Sec- vided further, That the Secretary of State and (e) AVAILABILITY OF FUNDS.—The authority retary of State, in coordination with the USAID the USAID Administrator shall jointly submit a provided by subsection (a) may be used only Administrator, shall submit to the Committees report to the Committees on Appropriations not with regard to funds appropriated by this Act on Appropriations, and other relevant congres- later than 30 days after completion of the pilot under the heading ‘‘Debt Restructuring’’. sional committees, not later than 90 days after program on the estimated timeline and criteria MULTI-YEAR COMMITMENTS enactment of this Act recommendations for the for evaluating the PVS for expansion. consolidation or combination of reports (includ- (j) PROTECTIONS AND EMEDIES FOR MPLOY SEC. 7033. None of the funds appropriated by R E - ing plans and strategies) that are called for by this Act may be used to make a future year EES OF DIPLOMATIC MISSIONS AND INTER- any provision of law to be submitted to the Con- funding pledge for any multilateral or bilateral NATIONAL ORGANIZATIONS.—The Secretary of gress and that are substantially duplicative of program funded in titles III through VI of this State shall implement section 203(a)(2) of the others called for by any other provision of law: Act unless such pledge was— William Wilberforce Trafficking Victims Protec- (1) previously justified in a congressional Provided, That reports are considered ‘‘substan- tion Reauthorization Act of 2008 (Public Law budget justification; tially duplicative’’ if they are required to ad- 110–457): Provided, That in determining whether (2) included in an Act making appropriations dress at least more than half of the same sub- to suspend the issuance of A–3 or G–5 visas to for the Department of State, foreign operations, stantive factors, criteria and issues that are re- applicants seeking to work for officials of a dip- and related programs or previously authorized quired to be addressed by any other report, and lomatic mission or international organization, by an Act of Congress; any such consolidated report must address all the Secretary shall consider whether a final (3) notified in accordance with the regular no- the substantive factors, criteria and issues re- court judgment has been issued against a cur- tification procedures of the Committees on Ap- quired to be addressed in each of the individual rent or former employee of such mission or orga- propriations; or reports: Provided further, That reports affected nization (and the time period for a final appeal (4) the subject of prior consultation with the by this subsection are those within the purview has expired) or whether the Department of State Committees on Appropriations and such con- of, or prepared primarily by, the Department of has requested that immunity of individual dip- sultation was conducted at least 7 days in ad- State and USAID and that relate to matters ad- lomats or family members be waived to permit vance of the pledge. dressed under this Act or any other Act author- criminal prosecution: Provided further, That the izing or appropriating funds for use by, or ac- SPECIAL PROVISIONS Secretary should continue to assist in obtaining tions of, the Department of State or USAID. payment of final court judgments awarded to A– SEC. 7034. (a) VICTIMS OF WAR, DISPLACED (h) PROMOTION OF DEMOCRACY.— 3 and G–5 visa holders, including encouraging CHILDREN, AND DISPLACED BURMESE.—Funds (1) Funds made available by this Act that are the sending states to provide compensation di- appropriated in titles III and VI of this Act that made available for the promotion of democracy rectly to victims: Provided further, That the Sec- are made available for victims of war, displaced may be made available notwithstanding any retary shall include, in a manner the Secretary children, and displaced Burmese, and to assist other provision of law, and with regard to the deems appropriate, all trafficking cases involv- victims of trafficking in persons and, subject to National Endowment for Democracy, any regu- ing A–3 or G–5 visa holders in the Trafficking in the regular notification procedures of the Com- lation. Persons annual report for which a final civil mittees on Appropriations, to combat such traf- (2) For the purposes of funds appropriated by judgment has been issued (and the time period ficking, may be made available notwithstanding this Act, the term ‘‘promotion of democracy’’ for final appeal has expired) or the Department any other provision of law. means programs that support good governance, of Justice has determined that the United States (b) RECONSTITUTING CIVILIAN POLICE AUTHOR- human rights, independent media, and the rule Government would seek to indict the diplomat or ITY.—In providing assistance with funds appro- of law, and otherwise strengthen the capacity of a family member but for diplomatic immunity. priated by this Act under section 660(b)(6) of the democratic political parties, governments, non- (k) MODIFICATION OF AMENDMENT.—Section Foreign Assistance Act of 1961, support for a na- governmental organizations and institutions, 620J of the Foreign Assistance Act of 1961 (Limi- tion emerging from instability may be deemed to and citizens to support the development of tation on Assistance to Security Forces) is mean support for regional, district, municipal, democratic states, institutions, and practices amended as follows: or other sub-national entity emerging from in- that are responsive and accountable to citizens. (1) by redesignating the section as section stability, as well as a nation emerging from in- (3) With respect to the provision of assistance 620M; stability. for democracy, human rights and governance (2) in subsection (a), by striking ‘‘evidence’’ (c) WORLD FOOD PROGRAM.—Funds managed activities in this Act, the organizations imple- and inserting ‘‘information’’ and by striking by the Bureau for Democracy, Conflict, and Hu- menting such assistance and the specific nature ‘‘gross violations’’ and inserting ‘‘a gross viola- manitarian Assistance, United States Agency for of that assistance shall not be subject to the tion’’; International Development (USAID), from this prior approval by the government of any foreign (3) in subsection (b), by striking ‘‘measures’’ or any other Act, shall be made available as a country. and inserting ‘‘steps’’; and general contribution to the World Food Pro- (4) Funds appropriated under the heading (4) by adding the following subsection: gram, notwithstanding any other provision of ‘‘Economic Support Fund’’ shall be made avail- ‘‘(d) CREDIBLE INFORMATION.—The Secretary law. able to the Bureau of Democracy, Human shall establish, and periodically update, proce- (d) DISARMAMENT, DEMOBILIZATION AND RE- Rights and Labor for programs to promote dures to— INTEGRATION.—Notwithstanding any other pro- human rights by expanding open and uncen- ‘‘(1) ensure that for each country the Depart- vision of law, regulation or Executive order, sored access to information and communication ment of State has a current list of all security funds appropriated by this Act and prior Acts as identified in the Department of State’s Inter- force units receiving United States training, making appropriations for the Department of net freedom strategy: Provided, That funds equipment, or other types of assistance;

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00150 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9119 ‘‘(2) facilitate receipt by the Department of priated under title III of this Act for assistance through VI of this Act may be provided to sup- State and United States embassies of informa- for the central government of any country that port a Palestinian state unless the Secretary of tion from individuals and organizations outside the Secretary determines is not taking appro- State determines and certifies to the appropriate the United States Government about gross viola- priate steps to comply with the Convention on congressional committees that— tions of human rights by security force units; the Civil Aspects of International Child Abduc- (1) the governing entity of a new Palestinian ‘‘(3) routinely request and obtain such infor- tions, done at the Hague on October 25, 1980: state— mation from the Department of Defense, the Provided, That the Secretary shall report to the (A) has demonstrated a firm commitment to Central Intelligence Agency, and other United Committees on Appropriations within 15 days of peaceful co-existence with the State of Israel; States Government sources; making any such determination. (B) is taking appropriate measures to counter ‘‘(4) ensure that such information is evaluated (q) REDESIGNATIONS.— terrorism and terrorist financing in the West and preserved; (1) The position of Advisor established pursu- Bank and Gaza, including the dismantling of ‘‘(5) ensure that when vetting an individual ant to section 699B of division J of Public Law terrorist infrastructures, and is cooperating with for eligibility to receive United States training 110–161 shall, within 45 days of enactment of appropriate Israeli and other appropriate secu- the individual’s unit is also vetted; this Act and notwithstanding the requirements rity organizations; and ‘‘(6) seek to identify the unit involved when of such section, be moved to the United States (2) the Palestinian Authority (or the gov- credible information of a gross violation exists Agency for International Development (USAID): erning entity of a new Palestinian state) is but the identity of the unit is lacking; and Provided, That the Advisor shall hereafter be working with other countries in the region to ‘‘(7) make publicly available, to the maximum appointed by the USAID Administrator and vigorously pursue efforts to establish a just, extent practicable, the identity of those units for shall report directly to the Administrator: Pro- lasting, and comprehensive peace in the Middle which no assistance shall be furnished pursuant vided further, That the responsibilities of the East that will enable Israel and an independent to subsection (a).’’ Advisor enumerated in section 699B(b) shall re- Palestinian state to exist within the context of (l) SECTIONS REPEALED.—Sections 494, 495, main in full force and effect. full and normal relationships, which should in- and 495B through 495K of the Foreign Assist- (2) The position of Coordinator established clude— ance Act of 1961 are hereby repealed. pursuant to section 664 of division J of Public (A) termination of all claims or states of bel- (m) EXTENSION OF AUTHORITIES.— Law 110–161 shall, within 45 days of enactment ligerency; (1) Section 1(b)(2) of the Passport Act of June of this Act and notwithstanding the require- (B) respect for and acknowledgment of the 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by ments of such section, be moved to the United sovereignty, territorial integrity, and political substituting ‘‘September 30, 2012’’ for ‘‘Sep- States Agency for International Development independence of every state in the area through tember 30, 2010’’. (USAID): Provided, That the Coordinator shall measures including the establishment of demili- (2) The authority provided by section 301(a)(3) hereafter be appointed by the USAID Adminis- tarized zones; of the Omnibus Diplomatic Security and trator and shall report directly to the Adminis- (C) their right to live in peace within secure Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) trator: Provided further, That the responsibil- and recognized boundaries free from threats or shall remain in effect through September 30, ities of the Coordinator enumerated in the first acts of force; 2012. sentence of section 664(c) shall remain in full (3) The authority contained in section 1115(d) force and effect: Provided further, That the lim- (D) freedom of navigation through inter- of Public Law 111–32 shall remain in effect itation in the second sentence of such section national waterways in the area; and through September 30, 2012. shall hereafter no longer apply to the Coordi- (E) a framework for achieving a just settle- (4) Section 824(g) of the Foreign Service Act of nator. ment of the refugee problem. 1980 (22 U.S.C. 4064(g)) shall be applied by sub- (r) EXTENSION OF AUTHORITY.—The Foreign (b) SENSE OF CONGRESS.—It is the sense of stituting ‘‘September 30, 2012’’ for ‘‘October 1, Operations, Export Financing, and Related Pro- Congress that the governing entity should enact 2010’’ in paragraph (2). grams Appropriations Act, 1990 (Public Law a constitution assuring the rule of law, an inde- (5) Section 61(a) of the State Department 101–167) is amended— pendent judiciary, and respect for human rights Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) (1)In section 599D (8 U.S.C. 1157 note)— for its citizens, and should enact other laws and shall be applied by substituting ‘‘September 30, (A) in subsection (b)(3), by striking ‘‘and regulations assuring transparent and account- 2012’’ for ‘‘October 1, 2010’’ in paragraph (2). 2011’’ and inserting ‘‘2011, and 2012’’; and able governance. (6) Section 625(j)(1) of the Foreign Assistance (B) in subsection (e), by striking ‘‘June 1, (c) WAIVER.—The President may waive sub- Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 2011’’ each place it appears and inserting ‘‘Octo- section (a) if the President determines that it is by substituting ‘‘September 30, 2012’’ for ‘‘Octo- ber 1, 2012’’; and important to the national security interests of ber 1, 2010’’ in subparagraph (B). (2) in section 599E (8 U.S.C. 1255 note) in sub- the United States to do so. (7) The authority contained in section section (b)(2), by striking ‘‘2011’’ and inserting (d) EXEMPTION.—The restriction in subsection 1603(a)(2) of Public Law 109–234, as amended, ‘‘2012’’. (a) shall not apply to assistance intended to shall remain in effect through September 30, ARAB LEAGUE BOYCOTT OF ISRAEL help reform the Palestinian Authority and af- 2012. filiated institutions, or the governing entity, in (8) The authority provided by section 1113 of SEC. 7035. It is the sense of the Congress that— order to help meet the requirements of sub- Public Law 111–32 shall remain in effect section (a), consistent with the provisions of sec- through September 30, 2012: Provided, That (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have tion 7040 of this Act (‘‘Limitation on Assistance none of the funds appropriated or otherwise for the Palestinian Authority’’). made available by this Act or any other Act commercial ties with Israel, is an impediment to making appropriations for the Department of peace in the region and to United States invest- RESTRICTIONS CONCERNING THE PALESTINIAN State, foreign operations, and related programs ment and trade in the Middle East and North AUTHORITY may be used to implement phase 3 of such au- Africa; SEC. 7037. None of the funds appropriated thority. (2) the Arab League boycott, which was re- under titles II through VI of this Act may be ob- grettably reinstated in 1997, should be imme- (n) REPORTS REPEALED.—Section 133(d) of ligated or expended to create in any part of Je- Public Law 87–195; section 807 of Public Law 98– diately and publicly terminated, and the Cen- rusalem a new office of any department or agen- 164; section 704(c) of Public Law 101–179; section tral Office for the Boycott of Israel immediately cy of the United States Government for the pur- 104 of Public Law 102–511; section 560(g) of Pub- disbanded; pose of conducting official United States Gov- lic Law 103–87; section 514(a) of Public Law 103– (3) all Arab League states should normalize ernment business with the Palestinian Author- 236; section 605(c) of Appendix G, Public Law relations with their neighbor Israel; ity over Gaza and Jericho or any successor Pal- (4) the President and the Secretary of State 106–113; sections 3203 and 3204(f) of division B of estinian governing entity provided for in the should continue to vigorously oppose the Arab Public Law 106–246; section 564(g)(4) of Public Israel-PLO Declaration of Principles: Provided, League boycott of Israel and find concrete steps Law 106–429; sections 694(a), 694(b), 704 and 1321 That this restriction shall not apply to the ac- to demonstrate that opposition by, for example, of Public Law 107–228; and section 409(c) of quisition of additional space for the existing taking into consideration the participation of Public Law 108–447 are hereby repealed. Consulate General in Jerusalem: Provided fur- any recipient country in the boycott when de- (o) GOVERNMENT EXPENDITURES.—Funds ap- ther, That meetings between officers and em- propriated under title III and under the heading termining to sell weapons to said country; and ployees of the United States and officials of the (5) the President should report to Congress ‘‘International Narcotics Control and Law En- Palestinian Authority, or any successor Pales- annually on specific steps being taken by the forcement’’ in this Act should not be made tinian governing entity provided for in the United States to encourage Arab League states available for assistance for any government for Israel-PLO Declaration of Principles, for the to normalize their relations with Israel to bring programs or activities in fiscal year 2013 if the purpose of conducting official United States about the termination of the Arab League boy- Secretary of State or the Administrator of the Government business with such authority cott of Israel, including those to encourage al- United States Agency for International Develop- should continue to take place in locations other lies and trading partners of the United States to ment has credible information that such govern- than Jerusalem: Provided further, That as has enact laws prohibiting businesses from com- ment is reducing its own expenditures for such been true in the past, officers and employees of plying with the boycott and penalizing busi- programs or activities as a result of the assist- the United States Government may continue to nesses that do comply. ance provided and for reasons that are incon- meet in Jerusalem on other subjects with Pal- sistent with the purposes of such assistance. PALESTINIAN STATEHOOD estinians (including those who now occupy posi- (p) INTERNATIONAL CHILD ABDUCTIONS.—The SEC. 7036. (a) LIMITATION ON ASSISTANCE.— tions in the Palestinian Authority), have social Secretary of State may withhold funds appro- None of the funds appropriated under titles III contacts, and have incidental discussions.

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PROHIBITION ON ASSISTANCE TO THE PALESTINIAN under the heading ‘‘Economic Support Fund’’, (4) Whenever the certification pursuant to BROADCASTING CORPORATION and such audit shall address— paragraph (2) is exercised, the Secretary of State SEC. 7038. None of the funds appropriated or (1) the extent to which such Program complies shall submit a report to the Committees on Ap- otherwise made available by this Act may be with the requirements of subsections (b) and (c); propriations within 120 days of the certification used to provide equipment, technical support, and and every quarter thereafter on whether such consulting services, or any other form of assist- (2) an examination of all programs, projects, government, including all of its ministers or ance to the Palestinian Broadcasting Corpora- and activities carried out under such Program, such equivalent are continuing to comply with tion. including both obligations and expenditures. the principles contained in section 620K(b)(1)(A) (f) Funds made available in this Act for West and (B) of the Foreign Assistance Act of 1961, as ASSISTANCE FOR THE WEST BANK AND GAZA Bank and Gaza shall be subject to the regular amended: Provided, That the report shall also SEC. 7039. (a) OVERSIGHT.—For fiscal year notification procedures of the Committees on detail the amount, purposes and delivery mech- 2012, 30 days prior to the initial obligation of Appropriations. anisms for any assistance provided pursuant to funds for the bilateral West Bank and Gaza (g) Not later than 180 days after enactment of the abovementioned certification and a full ac- Program, the Secretary of State shall certify to this Act, the Secretary of State shall submit a counting of any direct support of such govern- the Committees on Appropriations that proce- report to the Committees on Appropriations up- ment. dures have been established to assure the Comp- dating the report contained in section 2106 of (5) None of the funds appropriated under ti- troller General of the United States will have chapter 2 of title II of Public Law 109–13. tles III through VI of this Act may be obligated access to appropriate United States financial in- LIMITATION ON ASSISTANCE FOR THE PALESTINIAN for assistance for the Palestine Liberation Orga- formation in order to review the uses of United AUTHORITY nization. States assistance for the Program funded under SEC. 7040. (a) PROHIBITION OF FUNDS.—None NEAR EAST the heading ‘‘Economic Support Fund’’ for the of the funds appropriated by this Act to carry SEC. 7041. (a) EGYPT.— West Bank and Gaza. out the provisions of chapter 4 of part II of the (1)(A) None of the funds appropriated under (b) VETTING.—Prior to the obligation of funds Foreign Assistance Act of 1961 may be obligated titles III and IV of this Act and in prior Acts appropriated by this Act under the heading or expended with respect to providing funds to making appropriations for the Department of ‘‘Economic Support Fund’’ for assistance for the the Palestinian Authority. State, foreign operations, and related programs West Bank and Gaza, the Secretary of State (b) WAIVER.—The prohibition included in sub- may be made available for assistance for the shall take all appropriate steps to ensure that section (a) shall not apply if the President cer- central Government of Egypt unless the Sec- such assistance is not provided to or through tifies in writing to the Speaker of the House of retary of State certifies to the Committees on any individual, private or government entity, or Representatives, the President pro tempore of Appropriations that such government is meeting educational institution that the Secretary the Senate, and the Committees on Appropria- its obligations under the 1979 Egypt-Israel Peace knows or has reason to believe advocates, plans, tions that waiving such prohibition is important Treaty. sponsors, engages in, or has engaged in, ter- to the national security interests of the United (B) Prior to the obligation of funds appro- rorist activity nor, with respect to private enti- States. priated by this Act under the heading ‘‘Foreign ties or educational institutions, those that have (c) PERIOD OF APPLICATION OF WAIVER.—Any Military Financing Program’’, the Secretary of as a principal officer of the entity’s governing waiver pursuant to subsection (b) shall be effec- State shall certify to the Committees on Appro- board or governing board of trustees any indi- tive for no more than a period of 6 months at a priations that the Government of Egypt is sup- vidual that has been determined to be involved time and shall not apply beyond 12 months after porting the transition to civilian government in- in, or advocating terrorist activity or determined the enactment of this Act. cluding holding free and fair elections; imple- to be a member of a designated foreign terrorist (d) REPORT.—Whenever the waiver authority menting policies to protect freedom of expres- organization: Provided, That the Secretary of pursuant to subsection (b) is exercised, the sion, association, and religion, and due process State shall, as appropriate, establish procedures President shall submit a report to the Commit- of law. specifying the steps to be taken in carrying out tees on Appropriations detailing the justifica- (C) The Secretary of State may waive the re- this subsection and shall terminate assistance to tion for the waiver, the purposes for which the quirements of paragraphs (A) and (B) if the Sec- any individual, entity, or educational institu- funds will be spent, and the accounting proce- retary determines and reports to the Committees tion which the Secretary has determined to be dures in place to ensure that the funds are on Appropriations that to do so is in the na- involved in or advocating terrorist activity. properly disbursed: Provided, That the report tional security interest of the United States: (c) PROHIBITION.— shall also detail the steps the Palestinian Au- Provided, That such determination and report (1) None of the funds appropriated under ti- thority has taken to arrest terrorists, confiscate shall include a detailed justification for such tles III through VI of this Act for assistance weapons and dismantle the terrorist infrastruc- waiver. under the West Bank and Gaza Program may be ture. (2) The Secretary of State shall consult with made available for the purpose of recognizing or (e) CERTIFICATION.—If the President exercises the Committees on Appropriations prior to the otherwise honoring individuals who commit, or the waiver authority under subsection (b), the transfer of funds appropriated by this Act under have committed acts of terrorism. Secretary of State must certify and report to the the heading ‘‘Foreign Military Financing Pro- (2) Notwithstanding any other provision of Committees on Appropriations prior to the obli- gram’’ to an interest-bearing account for Egypt. law, none of the funds made available by this or gation of funds that the Palestinian Authority (3) Funds appropriated under the heading prior appropriations Acts, including funds made has established a single treasury account for all ‘‘Economic Support Fund’’ in this Act and prior available by transfer, may be made available for Palestinian Authority financing and all financ- Acts (including previously obligated funds), may obligation for security assistance for the West ing mechanisms flow through this account, no be made available, notwithstanding any other Bank and Gaza until the Secretary of State re- parallel financing mechanisms exist outside of provision of law, for an Egypt initiative, par- ports to the Committees on Appropriations on the Palestinian Authority treasury account, and ticularly for the specific costs referred to in the the benchmarks that have been established for there is a single comprehensive civil service ros- authorities referenced herein, for the purpose of security assistance for the West Bank and Gaza ter and payroll. improving the lives of the Egyptian people and reports on the extent of Palestinian compli- (f) PROHIBITION TO HAMAS AND THE PALESTINE through education, investment in jobs and skills ance with such benchmarks. LIBERATION ORGANIZATION.— (including secondary and vocational education), (d) AUDITS.— (1) None of the funds appropriated in titles III and access to finance for small and medium en- (1) The Administrator of the United States through VI of this Act may be obligated for sal- terprises with emphasis on expanding opportu- Agency for International Development shall en- aries of personnel of the Palestinian Authority nities for women, as well as other appropriate sure that Federal or non-Federal audits of all located in Gaza or may be obligated or expended market-reform and economic growth activities: contractors and grantees, and significant sub- for assistance to Hamas or any entity effectively Provided, That the provisions of title VI of Pub- contractors and sub-grantees, under the West controlled by Hamas, any power-sharing gov- lic Law 103–306 pertaining to funds for Jordan Bank and Gaza Program, are conducted at least ernment of which Hamas is a member, or that shall be deemed to apply to any such initiative on an annual basis to ensure, among other results from an agreement with Hamas and over and to funds available under this section to things, compliance with this section. which Hamas exercises undue influence. carry out such an initiative in the same manner (2) Of the funds appropriated by this Act up (2) Notwithstanding the limitation of sub- as such cited provisions apply to Jordan, subject to $500,000 may be used by the Office of Inspec- section (1), assistance may be provided to a to the following provisos: Provided further, tor General of the United States Agency for power-sharing government only if the President That subparagraph (b)(2) shall be deemed not to International Development for audits, inspec- certifies and reports to the Committees on Ap- apply and the amount made available pursuant tions, and other activities in furtherance of the propriations that such government, including to this section as set forth in the joint explana- requirements of this subsection: Provided, That all of its ministers or such equivalent, has pub- tory statement accompanying this Act and in- such funds are in addition to funds otherwise licly accepted and is complying with the prin- corporated herein shall be deemed to apply in available for such purposes. ciples contained in section 620K(b)(1)(A) and (B) lieu of the figure in subparagraph (b)(1): Pro- (e) Subsequent to the certification specified in of the Foreign Assistance Act of 1961, as amend- vided further, That the authority to reduce debt subsection (a), the Comptroller General of the ed. shall include authority to exchange an out- United States shall conduct an audit and an in- (3) The President may exercise the authority standing obligation for a new obligation and to vestigation of the treatment, handling, and uses in section 620K(e) of the Foreign Assistance Act permit both principal and interest payments on of all funds for the bilateral West Bank and as added by the Palestinian Anti-Terrorism Act new obligations to be deposited into a fund es- Gaza Program, including all funds provided as of 2006 (Public Law 109–446) with respect to this tablished for such purpose, to be used in accord- cash transfer assistance, in fiscal year 2012 subsection. ance with purposes set forth in an agreement

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00152 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9121 between the United States and Egypt: Provided of section 5(a) of the Iran Sanctions Act of 1996 may not be considered as meeting the notifica- further, That the authority of this paragraph (Public Law 104–172). tion requirements under section 7015 of this Act shall only be made available after the Secretary (3) The reporting requirements in section or under section 634A of the Foreign Assistance of State certifies to the Committees on Appro- 7043(c) in division F of Public Law 111–117 shall Act of 1961, and shall be submitted not later priations that the Government of Egypt is imple- continue in effect during fiscal year 2012 as if than September 1, 2012: Provided further, That menting economic development policies con- part of this Act: Provided, That the date in sub- the Secretary of State shall regularly consult sistent with the objectives of such initiative: section (c)(1) shall be deemed to be ‘‘September with the Committees on Appropriations on the Provided further, That funds made available for 30, 2012’’. activities of the LAF and assistance provided by such initiative shall be subject to the regular no- (d) IRAQ.— the United States: Provided further, That not tification procedures of the Committees on Ap- (1) Funds appropriated or otherwise made later than 90 days after enactment of this Act, propriations. available by this Act for assistance for Iraq the Secretary of State shall submit a report to (b) ENTERPRISE FUNDS.—Up to $60,000,000 of shall be made available in a manner that uti- the Committees on Appropriations detailing the funds appropriated under the heading ‘‘Eco- lizes Iraqi entities to the maximum extent prac- actions taken to ensure that equipment provided nomic Support Fund’’ in this Act and prior acts ticable, and in accordance with the cost-match- to the LAF is used for intended purposes. making appropriations for the Department of ing and other requirements in the Department of (3) Funds appropriated by this Act under ti- State, foreign operations, and related programs State’s April 9, 2009 ‘‘Guidelines for Government tles III and VI for assistance for Lebanon may (and including previously obligated funds), that of Iraq Financial Participation in United States be made available notwithstanding any other are available for assistance for Egypt, up to Government-Funded Civilian Foreign Assistance provision of law, except for this subsection and $20,000,000 of such funds that are available for Programs and Projects’’. section 620M of the Foreign Assistance Act of assistance for Tunisia, and up to $60,000,000 of (2) None of the funds appropriated or other- 1961, as amended by this Act. such funds that are available for assistance for wise made available by this Act may be used by (f) LIBYA.—Of the funds appropriated by this Jordan, respectively, may be made available not- the Government of the United States to enter Act and prior Acts making appropriations for withstanding any other provision of law, to es- into a permanent basing rights agreement be- the Department of State, foreign operations, and tablish and operate one or more enterprise funds tween the United States and Iraq. related programs, up to $20,000,000 should be for Egypt, Tunisia, and Jordan, respectively: (3) Funds appropriated by this Act under ti- made available to promote democracy, trans- Provided, That provisions contained in section tles III and VI for assistance for Iraq may be parent and accountable governance, human 201 of the Support for East European Democ- made available notwithstanding any other pro- rights, transitional justice, and the rule of law racy (SEED) Act of 1989 (excluding the provi- vision of law, except for this subsection and sec- in Libya, and for exchange programs between sions of subsections (b), (c), (d)(3), and (f) of tion 620M of the Foreign Assistance Act of 1961, Libyan and American students and profes- that section), shall be deemed to apply to any as amended by this Act. sionals: Provided, That such funds shall be such fund or funds, and to funds made avail- (4) Funds appropriated by this Act for assist- made available, to the maximum extent prac- able to such fund or funds, in order to enable ance for Iraq under the heading ‘‘Economic ticable, on a cost matching basis: Provided fur- such fund or funds to provide assistance for Support Fund’’ shall be made available for pro- ther, That none of the funds appropriated by purposes of this section: Provided further, That grams and activities for which policy justifica- this Act may be made available for assistance section 7077 of division F of Public Law 111–117 tions and decisions shall be the responsibility of for Libya for infrastructure projects, except on a shall apply to any such fund or funds estab- the United States Chief of Mission in Iraq. loan basis with terms favorable to the United lished pursuant to this subsection: Provided fur- (5)(A) Of the funds appropriated under the States, and only following consultation with the ther, That not more than 5 percent of the funds heading ‘‘Diplomatic and Consular Programs’’ Committees on Appropriations. made available pursuant to this subsection in title VIII of this Act that are made available (g) MOROCCO.—Prior to the obligation of should be available for administrative expenses for security and provincial operations for the funds appropriated by this Act under the head- of such fund or funds and not later than 1 year Department of State in Iraq, 15 percent shall be ing ‘‘Foreign Military Financing Program’’ for after the date of enactment of this Act, and an- withheld from obligation until the Secretary of assistance for Morocco, the Secretary of State nually thereafter until each fund is dissolved, State submits a report to the Committees on Ap- shall submit a report to the Committees on Ap- each fund shall submit to the Committees on Ap- propriations detailing— propriations on steps being taken by the Gov- propriations a report detailing the administra- (i) an assessment of the security environment ernment of Morocco to— tive expenses of such fund: Provided further, in Iraq with respect to facilities and personnel, (1) respect the right of individuals to peace- That each fund shall be governed by a Board of and the anticipated impact of the withdrawal of fully express their opinions regarding the status Directors comprised of six private United States United States Armed Forces in Iraq on such en- and future of the Western Sahara and to docu- citizens and three private citizens of each coun- vironment, on a facility-by-facility basis; ment violations of human rights; and try, respectively, who have had international (ii) an assessment of the security requirements (2) provide unimpeded access to human rights business careers and demonstrated expertise in at each facility, and the estimated cost of sus- organizations, journalists, and representatives international and emerging markets investment taining such requirements over the next 3 fiscal of foreign governments to the Western Sahara. (h) SYRIA.—Funds appropriated by this Act activities: Provided further, That not later than years; shall be made available to promote democracy 1 year after the entry into force of the initial (iii) the types of military equipment to be used and protect human rights in Syria, a portion of grant agreement under this section and annu- to meet the security requirements at each facil- which should be programmed in consultation ally thereafter, each fund shall prepare and ity; with governments in the region, as appropriate. make available to the public on an Internet Web (iv) the number of United States Government (i) YEMEN.—None of the funds appropriated personnel anticipated at each facility, a general site administered by the fund a detailed report by this Act may be made available for the Armed description of the duties of such personnel, and on the fund’s activities during the previous Forces of Yemen if such forces are controlled by the number and cost of contractors anticipated year: Provided further, That the authority of a foreign terrorist organization, as defined by at each facility required for operational and any such fund or funds to provide assistance section 219 of the Immigration and Nationality other support; and shall cease to be effective on December 31, 2022: Act. Provided further, That funds made available (v) a description of contingency plans, includ- SERBIA pursuant to this section shall be subject to prior ing evacuation, at each facility for United consultation with the Committees on Appropria- States Government personnel and contractors. SEC. 7042. (a) Funds appropriated by this Act tions. (B) The report required by this paragraph may be made available for assistance for the (c) IRAN.— may be submitted in classified form, if nec- central Government of Serbia after May 31, 2012, (1) It is the policy of the United States to seek essary. if the Secretary of State has submitted the re- to prevent Iran from achieving the capability to (e) LEBANON.— port required in subsection (c). produce or otherwise manufacture nuclear (1) None of the funds appropriated by this Act (b) After May 31, 2012, the Secretary of the weapons, including by supporting international may be made available for the Lebanese Armed Treasury should instruct the United States exec- diplomatic efforts to halt Iran’s uranium enrich- Forces (LAF) if the LAF is controlled by a for- utive directors of the international financial in- ment program, and the President should fully eign terrorist organization, as defined by section stitutions to support loans and assistance to the implement and enforce the Iran Sanctions Act of 219 of the Immigration and Nationality Act. Government of Serbia subject to the condition in 1996, as amended (Public Law 104–172) as a (2) Funds appropriated by this Act under the subsection (c). means of encouraging foreign governments to re- heading ‘‘Foreign Military Financing Program’’ (c) The report referred to in subsection (a) is quire state-owned and private entities to cease for assistance for Lebanon may be made avail- a report by the Secretary of State to the Commit- all investment in, and support of, Iran’s energy able only to professionalize the LAF and to tees on Appropriations that the Government of sector and all exports of refined petroleum prod- strengthen border security and combat ter- Serbia is cooperating with the International ucts to Iran. rorism, including training and equipping the Criminal Tribunal for the former Yugoslavia, in- (2) None of the funds appropriated or other- LAF to secure Lebanon’s borders, interdicting cluding apprehending and transferring indictees wise made available in this Act under the head- arms shipments, preventing the use of Lebanon and providing investigators access to witnesses, ing ‘‘Export-Import Bank of the United States’’ as a safe haven for terrorist groups, and to im- documents, and other information. may be used by the Export-Import Bank of the plement United Nations Security Council Reso- (d) This section shall not apply to humani- United States to provide any new financing (in- lution 1701: Provided, That funds may not be tarian assistance or assistance to promote de- cluding loans, guarantees, other credits, insur- made available for obligation until the Secretary mocracy. ance, and reinsurance) to any person that is of State submits a detailed spend plan to the AFRICA subject to sanctions under paragraph (2) or (3) Committees on Appropriations, except such plan SEC. 7043. (a) CONFLICT MINERALS.—

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00153 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9122 CONGRESSIONAL RECORD — HOUSE December 15, 2011 (1) Funds appropriated by this Act under the ations, counterterrorism operations along the indicted by the ICTR and the SCSL are credibly heading ‘‘Foreign Military Financing Program’’ border with Somalia, and for assistance to the alleged to be living, if the Secretary of State de- may be made available for assistance for Rwan- Ethiopian Defense Command and Staff College. termines and reports to the Committees on Ap- da or Uganda unless the Secretary of State has (f) SUDAN LIMITATION ON ASSISTANCE.— propriations that such government is cooper- credible information that the Government of (1) Notwithstanding any other provision of ating with the ICTR and the SCSL, including Rwanda or the Government of Uganda is pro- law, none of the funds appropriated by this Act the apprehension, surrender, and transfer of viding political, military or financial support to may be made available for assistance for the indictees in a timely manner: Provided, That armed groups in the Democratic Republic of the Government of Sudan. this subsection shall not apply to assistance pro- Congo (DRC) that are involved in the illegal ex- (2) None of the funds appropriated by this Act vided under section 551 of the Foreign Assist- portation of minerals out of the DRC or have may be made available for the cost, as defined ance Act of 1961 or to project assistance under violated human rights. in section 502 of the Congressional Budget Act title VI of this Act: Provided further, That the (2) The restriction in paragraph (1) shall not of 1974, of modifying loans and loan guarantees United States shall use its voice and vote in the apply to assistance to improve border controls to held by the Government of Sudan, including the United Nations Security Council to fully sup- prevent the illegal exportation of minerals out of cost of selling, reducing, or canceling amounts port efforts by the ICTR and the SCSL to bring the DRC by such groups, to protect humani- owed to the United States, and modifying to justice individuals indicted by such tribunals tarian relief efforts, or to support the training concessional loans, guarantees, and credit in a timely manner. and deployment of members of the Rwandan or agreements. (3) The prohibition in paragraph (2) may be Ugandan militaries in international peace- (3) The limitations of paragraphs (1) and (2) waived on a country-by-country basis if the keeping operations or to conduct operations shall not apply to— President determines that doing so is in the na- against the Lord’s Resistance Army. (A) humanitarian assistance; tional security interest of the United States: (b) COUNTERTERRORISM PROGRAMS.—Of the (B) assistance for the Darfur region, Southern Provided, That prior to exercising such waiver funds appropriated by this Act, not less than Kordofan/Nuba Mountains State, Blue Nile authority, the President shall submit a report to $52,800,000 should be made available for the State, other marginalized areas and populations the Committees on Appropriations, in classified Trans-Sahara Counter-terrorism Partnership in Sudan, and Abyei; and form if necessary, on— program, and not less than $21,300,000 should be (C) assistance to support implementation of (A) the steps being taken to obtain the co- made available for the Partnership for Regional the Comprehensive Peace Agreement (CPA), mu- operation of the government in apprehending East Africa Counterterrorism program. tual arrangements related to post-referendum and surrendering the indictee in question to the (c) CRISIS RESPONSE.—Notwithstanding any issues associated with the CPA, or to promote court of jurisdiction; other provision of law, up to $10,000,000 of the peace and stability between Sudan and South (B) a strategy, including a timeline, for bring- funds appropriated by this Act under the head- Sudan, or any other internationally recognized ing the indictee before such court; and ing ‘‘Global Health Programs’’ for HIV/AIDS ac- viable peace agreement in Sudan. (C) the justification for exercising the waiver tivities may be transferred to, and merged with, (g) SOUTH SUDAN.— authority. funds appropriated under the headings ‘‘Eco- (1) Funds appropriated by this Act should be (j) ZIMBABWE.— nomic Support Fund’’ and ‘‘Transition Initia- made available for assistance for South Sudan (1) The Secretary of the Treasury shall in- tives’’ to respond to unanticipated crises in Afri- including to increase agricultural productivity, struct the United States executive director of ca, except that funds shall not be transferred expand educational opportunities especially for each international financial institution to vote unless the Secretary of State certifies to the girls, strengthen democratic institutions and the against any extension by the respective institu- Committees on Appropriations that no indi- rule of law, and enhance the capacity of the tion of any loans or grants to the Government of vidual currently on anti-retroviral therapy sup- Federal Legislative Assembly to conduct over- Zimbabwe, except to meet basic human needs or ported by such funds shall be negatively im- sight over government revenues and expendi- to promote democracy, unless the Secretary of pacted by the transfer of such funds: Provided, tures. State determines and reports in writing to the That the authority of this subsection shall be (2) Not less than 15 days prior to the obliga- Committees on Appropriations that the rule of subject to prior consultation with the Commit- tion of funds appropriated by this Act that are law has been restored in Zimbabwe, including tees on Appropriations. available for assistance for the Government of respect for ownership and title to property, free- (d) EXPANDED INTERNATIONAL MILITARY EDU- South Sudan, the Secretary of State shall sub- dom of speech and association. CATION AND TRAINING.— mit a report to the Committees on Appropria- (2) None of the funds appropriated by this Act (1) Funds appropriated under the heading tions detailing the extent to which the Govern- shall be made available for assistance for the ‘‘International Military Education and Train- ment of South Sudan is— central Government of Zimbabwe, except for ing’’ (IMET) in this Act that are made available (A) supporting freedom of expression, the es- health, education, and macroeconomic growth for assistance for Angola, Cameroon, Central tablishment of democratic institutions including assistance, unless the Secretary of State makes African Republic, Chad, Coˆte d’Ivoire, Guinea an independent judiciary, parliament, and secu- the determination required in paragraph (1). and Zimbabwe may be made available only for rity forces that are accountable to civilian au- ASIA training related to international peacekeeping thority; and operations and expanded IMET: Provided, That (B) investigating and punishing members of SEC. 7044. (a) TIBET.— the limitation included in this paragraph shall security forces who have violated human rights. (1) The Secretary of the Treasury should in- not apply to courses that support training in (3) The Secretary of State shall seek to obtain struct the United States executive director of maritime security for Angola and Cameroon. regular audits of the financial accounts of the each international financial institution to use (2) None of the funds appropriated under the Government of South Sudan to ensure trans- the voice and vote of the United States to sup- heading ‘‘International Military Education and parency and accountability of funds, including port projects in Tibet if such projects do not pro- Training’’ in this Act may be made available for revenues from the extraction of oil and gas, and vide incentives for the migration and settlement assistance for Equatorial Guinea or Somalia. the timely, public disclosure of such audits: Pro- of non-Tibetans into Tibet or facilitate the (e) ETHIOPIA.— vided, That the Secretary should assist the Gov- transfer of ownership of Tibetan land and nat- (1) Funds appropriated by this Act under the ernment of South Sudan in conducting such au- ural resources to non-Tibetans; are based on a heading ‘‘Foreign Military Financing Program’’ dits, and by providing technical assistance to thorough needs-assessment; foster self-suffi- that are available for assistance for Ethiopia enhance the capacity of the National Auditor ciency of the Tibetan people and respect Tibetan shall not be made available unless the Secretary Chamber to carry out its responsibilities, and culture and traditions; and are subject to effec- of State— shall submit a report not later than 90 days tive monitoring. (A) certifies to the Committees on Appropria- after enactment of this Act to the Committees on (2) Notwithstanding any other provision of tions that the Government of Ethiopia is imple- Appropriations detailing the steps that will be law, funds appropriated by this Act under the menting policies to respect due process and free- taken by the Government of South Sudan, heading ‘‘Economic Support Fund’’ shall be doms of expression and association, and is per- which are additional to those taken in the pre- made available to nongovernmental organiza- mitting access to human rights and humani- vious fiscal year, to improve resource manage- tions to support activities which preserve cul- tarian organizations to the Somalia region of ment and ensure transparency and account- tural traditions and promote sustainable devel- Ethiopia; and ability of funds. opment and environmental conservation in Ti- (B) submits a report to the Committees on Ap- (h) UGANDA.—Funds appropriated by this Act betan communities in the Tibetan Autonomous propriations on the types and amounts of should be made available for programs and ac- Region and in other Tibetan communities in United States training and equipment proposed tivities in areas affected by the Lord’s Resist- China. to be provided to the Ethiopian military includ- ance Army. (b) BURMA.— ing steps that will be taken to ensure that such (i) WAR CRIMES IN AFRICA.— (1) The Secretary of the Treasury shall in- assistance is not provided to military units or (1) The Congress reaffirms its support for the struct the United States executive directors of personnel that have violated human rights, and efforts of the International Criminal Tribunal the appropriate international financial institu- steps taken by the Government of Ethiopia to for Rwanda (ICTR) and the Special Court for tions to vote against any loan, agreement, or investigate and prosecute members of the Ethio- Sierra Leone (SCSL) to bring to justice individ- other financial support for Burma. pian military who have been credibly alleged to uals responsible for war crimes and crimes (2) Funds appropriated by this Act under the have violated such rights. against humanity in a timely manner. heading ‘‘Economic Support Fund’’ may be (2) The restriction in paragraph (1) shall not (2) Funds appropriated by this Act may be made available for assistance for Burma not- apply to assistance to Ethiopian military efforts made available for assistance for the central withstanding any other provision of law, except in support of international peacekeeping oper- government of a country in which individuals no such funds shall be made available to the

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00154 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9123 State Peace and Development Council, or its used to support a unified campaign against nar- vided further, That not less than 30 days prior successor, and its affiliated organizations: Pro- cotics trafficking, illegal armed groups, and or- to making the certification the Secretary of vided, That such funds shall be made available ganizations designated as Foreign Terrorist Or- State shall consult with Colombian and inter- for programs along Burma’s borders and for ganizations and successor organizations, and to national human rights organizations. Burmese groups and organizations located out- take actions to protect human health and wel- (3) ILLEGAL ARMED GROUPS.— side Burma, and may be made available to sup- fare in emergency circumstances, including un- (A) DENIAL OF VISAS.—Subject to paragraph port programs in Burma: Provided further, That dertaking rescue operations: Provided, That no (B), the Secretary of State shall not issue a visa in addition to assistance for Burmese refugees United States Armed Forces personnel or United to any alien who the Secretary determines, appropriated under the heading ‘‘Migration and States civilian contractor employed by the based on credible information— Refugee Assistance’’ in this Act, funds shall be United States will participate in any combat op- (i) has willfully provided any support to or made available for community-based organiza- eration in connection with assistance made benefitted from the Revolutionary Armed Forces tions operating in Thailand to provide food, available by this Act for Colombia: Provided of Colombia (FARC), the National Liberation medical, and other humanitarian assistance to further, That rotary and fixed wing aircraft Army (ELN), the United Self-Defense Forces of internally displaced persons in eastern Burma: supported with funds appropriated under the Colombia (AUC), or other illegal armed groups, Provided further, That any new program or ac- heading ‘‘International Narcotics Control and including taking actions or failing to take ac- tivity initiated with funds made available by Law Enforcement’’ for assistance for Colombia tions which allow, facilitate, or otherwise foster this Act shall be subject to prior consultation may be used for aerial or manual drug eradi- the activities of such groups; or with the Committees on Appropriations, and all cation and interdiction including to transport (ii) has committed, ordered, incited, assisted, such funds shall be subject to the regular notifi- personnel and supplies and to provide security or otherwise participated in the commission of a cation procedures of the Committees on Appro- for such operations: Provided further, That violation of human rights in Colombia. priations. such aircraft may also be used to provide trans- (B) WAIVER.—Paragraph (A) shall not apply (c) CAMBODIA.—Funds made available in this port in support of alternative development pro- if the Secretary of State certifies to the Commit- Act for a United States contribution to a Khmer grams and investigations by civilian judicial au- tees on Appropriations, on a case-by-case basis, Rouge tribunal may only be made available if thorities: Provided further, That the President that the issuance of a visa to the alien is nec- the Secretary of State certifies to the Committees shall ensure that if any helicopter procured essary to support the peace process in Colombia on Appropriations that the United Nations and with funds in this Act or prior Acts making ap- or for urgent humanitarian reasons. the Government of Cambodia are taking credible propriations for the Department of State, for- (b) GUATEMALA.—Funds appropriated by this steps to address allegations of corruption and eign operations, and related programs, is used to Act under the headings ‘‘International Military mismanagement within the tribunal. aid or abet the operations of any illegal self-de- Education and Training’’ (IMET) and ‘‘Foreign Military Financing Program’’ that are available (d) INDONESIA.—Of the funds appropriated by fense group, paramilitary organization, or other this Act under the heading ‘‘Foreign Military illegal armed group in Colombia, such helicopter for assistance for Guatemala may be made avail- Financing Program’’ that are available for as- shall be immediately returned to the United able only for the Guatemalan Air Force, Navy, sistance for Indonesia, $2,000,000 may not be ob- States: Provided further, That none of the funds and Army Corps of Engineers: Provided, That ligated until the Secretary of State submits to appropriated by this Act or prior Acts making expanded IMET may be made available for as- the Committees on Appropriations the report on appropriations for the Department of State, for- sistance for the Guatemalan Army. (c) HAITI.—The Government of Haiti shall be Indonesia required under such heading in Sen- eign operations, and related programs may be eligible to purchase defense articles and services ate Report 112–85. made available for assistance for the Colombian Departamento Administrativo de Seguridad or under the Arms Export Control Act (22 U.S.C. (e) NORTH KOREA.—None of the funds made available by this Act under the heading ‘‘Eco- successor organizations: Provided further, That 2751 et seq.) for the Coast Guard. (d) HONDURAS.—Prior to the obligation of 20 nomic Support Fund’’ may be made available none of the funds appropriated by this Act for percent of the funds appropriated by this Act for energy-related assistance for North Korea. assistance for Colombia shall be made available for the cultivation or processing of African oil that are available for assistance for Honduran (f) PEOPLE’S REPUBLIC OF CHINA.— (1) None of the funds appropriated under the palm, if doing so would contribute to significant military and police forces, the Secretary of State heading ‘‘Diplomatic and Consular Programs’’ loss of native species, disrupt or contaminate shall report in writing to the Committees on Ap- in this Act may be obligated or expended for natural water sources, reduce local food secu- propriations that: the Government of Honduras processing licenses for the export of satellites of rity, or cause the forced displacement of local is implementing policies to protect freedom of ex- people: Provided further, That any complaints United States origin (including commercial sat- pression and association, and due process of of harm to health or licit crops caused by aerial ellites and satellite components) to the People’s law; and is investigating and prosecuting in the eradication shall be thoroughly investigated and Republic of China unless, at least 15 days in ad- civilian justice system, in accordance with Hon- evaluated, and fair compensation paid in a vance, the Committees on Appropriations are duran and international law, military and po- timely manner for meritorious claims: Provided notified of such proposed action. lice personnel who are credibly alleged to have further, That funds may not be made available (2) The terms and requirements of section violated human rights, and the Honduran mili- for aerial eradication unless programs are being 620(h) of the Foreign Assistance Act of 1961 tary and police are cooperating with civilian ju- implemented by the United States Agency for shall apply to foreign assistance projects or ac- dicial authorities in such cases: Provided, That International Development, the Government of tivities of the People’s Liberation Army (PLA) of the restriction in this subsection shall not apply Colombia, or other organizations, in consulta- the People’s Republic of China, to include such to assistance to promote transparency, anti-cor- tion and coordination with local communities, projects or activities by any entity that is owned ruption and the rule of law within the military to provide alternative sources of income in areas or controlled by, or an affiliate of, the PLA: and police forces. where security permits for small-acreage growers (e) MEXICO.—Prior to the obligation of 15 per- Provided, That none of the funds appropriated and communities whose illicit crops are targeted cent of the funds appropriated by this Act that or otherwise made available pursuant to this for aerial eradication: Provided further, That are available for assistance for Mexican military Act may be used to finance any grant, contract, funds appropriated by this Act may not be used and police forces, the Secretary of State shall re- or cooperative agreement with the PLA, or any for aerial eradication in Colombia’s national port in writing to the Committees on Appropria- entity that the Secretary of State has reason to parks or reserves unless the Secretary of State tions that: the Government of Mexico is inves- believe is owned or controlled by, or an affiliate certifies to the Committees on Appropriations tigating and prosecuting in the civilian justice of, the PLA. that there are no effective alternatives and the system, in accordance with Mexican and inter- (g) PHILIPPINES.—Of the funds appropriated eradication is in accordance with Colombian national law, military and police personnel who by this Act under the heading ‘‘Foreign Military laws. are credibly alleged to have violated human Financing Program’’ that are available for as- (2) COLOMBIAN ARMED FORCES.—Of the funds rights; is enforcing prohibitions on the use of sistance for the Philippines, $3,000,000 may not appropriated by this Act that are available for testimony obtained through torture; and the be obligated until the Secretary of State submits assistance for the Colombian Armed Forces, 25 Mexican military and police are cooperating to the Committees on Appropriations the report percent may be obligated only after the Sec- with civilian judicial authorities in such cases: on the Philippines required under such heading retary of State consults with, and subsequently Provided, That the restriction in this subsection in Senate Report 112–85. certifies and submits a report to, the Committees shall not apply to assistance to promote trans- (h) VIETNAM.—Funds appropriated under the on Appropriations that the Government of Co- heading ‘‘Economic Support Fund’’ shall be parency, anti-corruption and the rule of law lombia and Colombian Armed Forces are meet- made available for remediation of dioxin con- within the military and police forces. ing the conditions that appear under this Sec- (f) TRADE CAPACITY.—Of the funds appro- taminated sites in Vietnam and may be made tion in the joint explanatory statement accom- priated by this Act, not less than $10,000,000 available for assistance for the Government of panying this Act: Provided, That the require- under the heading ‘‘Development Assistance’’ Vietnam, including the military, for such pur- ment to withhold funds from obligation shall and not less than $10,000,000 under the heading poses, and funds under the heading ‘‘Develop- not apply with respect to funds made available ‘‘Economic Support Fund’’ shall be made avail- ment Assistance’’ shall be made available for re- under the heading ‘‘International Narcotics able for labor and environmental capacity build- lated health/disability activities. Control and Law Enforcement’’ in this Act for ing activities relating to free trade agreements WESTERN HEMISPHERE continued support for the Critical Flight Safety with countries of Central America, Peru and the SEC. 7045. (a) COLOMBIA.— Program or for any alternative development pro- Dominican Republic. (1) Funds appropriated by this Act and made grams in Colombia administered by the Bureau (g) AIRCRAFT OPERATIONS AND MAINTE- available to the Department of State for assist- of International Narcotics and Law Enforce- NANCE.—To the maximum extent practicable, the ance to the Government of Colombia may be ment Affairs of the Department of State: Pro- costs of operations and maintenance, including

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00155 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9124 CONGRESSIONAL RECORD — HOUSE December 15, 2011 fuel, of aircraft funded by this Act should be process, and such process upholds steps taken fense to improve budget transparency and ac- borne by the recipient country. by the Government of Afghanistan to protect the countability, and facilitate the integration of SOUTH ASIA human rights of Afghan women; and former rebel combatants into the security forces (II) such funds will not be used to support including the Nepal Army, consistent with the SEC. 7046. (a) AFGHANISTAN.— any pardon or immunity from prosecution, or goals of reconciliation, peace and stability. (1) LIMITATION.—None of the funds appro- any position in the Government of Afghanistan (2) The conditions in paragraph (1) shall not priated or otherwise made available by this Act or security forces, for any leader of an armed apply to assistance for humanitarian relief and under the headings ‘‘Economic Support Fund’’ group responsible for crimes against humanity, reconstruction activities in Nepal. and ‘‘International Narcotics Control and Law war crimes, or acts of terrorism; and (c) PAKISTAN.— Enforcement’’ may be obligated for assistance (iii) may be made available for a United States (1) CERTIFICATION.— for the Government of Afghanistan until the contribution to the North Atlantic Treaty Orga- (A) None of the funds appropriated or other- Secretary of State, in consultation with the Ad- nization/International Security Assistance Force wise made available by this Act under the head- ministrator of the United States Agency for Post-Operations Humanitarian Relief Fund. ings ‘‘Economic Support Fund’’, ‘‘International International Development (USAID), certifies to (C) The authority contained in section 1102(c) Narcotics Control and Law Enforcement’’, ‘‘For- the Committees on Appropriations that— of Public Law 111–32 shall continue in effect eign Military Financing Program’’, and ‘‘Paki- (A) The funds will be used to design and sup- during fiscal year 2012 and shall apply as if part stan Counterinsurgency Capability Fund’’ for port programs in accordance with the June 2011 of this Act. assistance for the Government of Pakistan may ‘‘Administrator’s Sustainability Guidance for (D)(i) Of the funds appropriated by this Act be made available unless the Secretary of State USAID in Afghanistan’’. that are made available for assistance for Af- certifies to the Committees on Appropriations (B) The Government of Afghanistan is— ghanistan, not less than $50,000,000 shall be that the Government of Pakistan is— (i) reducing corruption and improving govern- made available for rule of law programs: Pro- (i) cooperating with the United States in ance, including by investigating, prosecuting, vided, That decisions on the uses of such funds counterterrorism efforts against the Haqqani sanctioning or removing corrupt officials from shall be the responsibility of the Coordinator for Network, the Quetta Shura Taliban, Lashkar e- office and implementing financial transparency Rule of Law, in consultation with the Inter- Tayyiba, Jaish-e-Mohammed, Al Qaeda and and accountability measures for government in- agency Planning and Implementation Team, at other domestic and foreign terrorist organiza- stitutions and officials (including the Central the United States Embassy in Kabul, Afghani- tions, including taking steps to end support for Bank) as well as conducting oversight of public stan: Provided further, That $250,000 of such such groups and prevent them from basing and resources; funds shall be transferred to, and merged with, operating in Pakistan and carrying out cross (ii) taking credible steps to protect the human funds appropriated under the heading ‘‘Office border attacks into neighboring countries; rights of Afghan women; and of Inspector General’’ in title I of this Act for (ii) not supporting terrorist activities against (iii) taking significant steps to facilitate active oversight of such programs and activities. United States or coalition forces in Afghanistan, public participation in governance and over- (ii) The Coordinator for Rule of Law at the and Pakistan’s military and intelligence agen- sight. United States Embassy in Kabul, Afghanistan cies are not intervening extra-judicially into po- (C) Funds will be used to support and shall be consulted on the use of all funds appro- litical and judicial processes in Pakistan; (iii) dismantling improvised explosive device strengthen the capacity of Afghan public and priated by this Act for rule of law programs in (IED) networks and interdicting precursor private institutions and entities to reduce cor- Afghanistan. ruption and to improve transparency and ac- (E) None of the funds made available by this chemicals used in the manufacture of IEDs; (iv) preventing the proliferation of nuclear-re- countability of national, provincial and local Act may be used by the United States Govern- lated material and expertise; governments. ment to enter into a permanent basing rights (D) Representatives of Afghan national, pro- (v) issuing visas in a timely manner for United agreement between the United States and Af- States visitors engaged in counterterrorism ef- vincial or local governments, and local commu- ghanistan. nities and civil society organizations, including forts and assistance programs in Pakistan; and (F) Any significant modification to the scope, (vi) providing humanitarian organizations ac- women-led organizations, will be consulted and objectives or implementation mechanisms of participate in the design of programs, projects, cess to detainees, internally displaced persons, United States assistance programs in Afghani- and other Pakistani civilians affected by the and activities, including participation in imple- stan shall be subject to prior consultation with, mentation and oversight, and the development conflict. and the regular notification procedures of, the (B) The Secretary of State may waive the re- of specific benchmarks to measure progress and Committees on Appropriations, except that the quirements of paragraph (A) if to do so is in the outcomes. prior consultation requirement may be waived in national security interests of the United States. (2) ASSISTANCE AND OPERATIONS.— a manner consistent with section 7015(e) of this (2) ASSISTANCE.— (A) Funds appropriated or otherwise made Act. (A) Funds appropriated by this Act under the available by this Act for assistance for Afghani- (G) Not later than 90 days after enactment of heading ‘‘Foreign Military Financing Program’’ stan may be made available as a United States this Act, the Secretary of State shall report to for assistance for Pakistan may be made avail- contribution to the Afghanistan Reconstruction the Committees on Appropriations on the Inter- able only to support counterterrorism and coun- Trust Fund (ARTF) unless the Secretary of national Monetary Fund (IMF) country pro- terinsurgency capabilities in Pakistan, and are State determines and reports to the Committees gram for Afghanistan including actions re- subject to section 620M of the Foreign Assist- on Appropriations that the World Bank Moni- quested by the IMF and taken by the Govern- ance Act of 1961, as amended by this Act. toring Agent of the ARTF is unable to conduct ment of Afghanistan to address the Kabul Bank (B) Funds appropriated by this Act under the its financial control and audit responsibilities crisis and restore confidence in Afghanistan’s heading ‘‘Economic Support Fund’’ for assist- due to restrictions on security personnel by the banking sector. ance for Pakistan should be made available to Government of Afghanistan. (H) Funds appropriated under titles III interdict precursor materials from Pakistan to (B) Funds appropriated under the headings through VI of this Act that are made available Afghanistan that are used to manufacture im- ‘‘Economic Support Fund’’ and ‘‘International for assistance for Afghanistan may be made provised explosive devices, including calcium Narcotics Control and Law Enforcement’’ in available notwithstanding section 7012 of this ammonium nitrate; to support programs to train this Act that are available for assistance for Af- Act or any similar provision of law and section border and customs officials in Pakistan and Af- ghanistan— 660 of the Foreign Assistance Act of 1961. ghanistan; and for agricultural extension pro- (i) shall be made available, to the maximum (3) OVERSIGHT.—The Special Inspector Gen- grams that encourage alternative fertilizer use extent practicable, in a manner that emphasizes eral for Afghanistan Reconstruction, the Inspec- among Pakistani farmers. the participation of Afghan women, and directly tor General of the Department of State and the (C) Of the funds appropriated by this Act improves the security, economic and social well- Inspector General of USAID, shall jointly de- under the heading ‘‘Economic Support Fund’’ being, and political status, and protects the velop and submit to the Committees on Appro- for assistance for Pakistan, $10,000,000 shall be rights of, Afghan women and girls and complies priations within 45 days of enactment of this made available through the Bureau of Democ- with sections 7060 and 7061 of this Act, includ- Act a coordinated audit and inspection plan of racy, Human Rights and Labor, Department of ing support for the Afghan Independent Human United States assistance for, and civilian oper- State, for human rights and democracy pro- Rights Commission, the Afghan Ministry of ations in, Afghanistan. grams in Pakistan, including training of govern- Women’s Affairs, and women-led organizations; (b) NEPAL.— ment officials and security forces, and assist- (ii) may be made available for a United States (1) Funds appropriated by this Act under the ance for human rights organizations and the de- contribution to an internationally managed heading ‘‘Foreign Military Financing Program’’ velopment of democratic political parties. fund to support the reconciliation with and dis- may be made available for assistance for Nepal (D) Funds appropriated by this Act under the armament, demobilization and reintegration into only if the Secretary of State certifies to the heading ‘‘Economic Support Fund’’ for assist- Afghan society of former combatants who have Committees on Appropriations that the Nepal ance for Pakistan may be made available for the renounced violence against the Government of Army is— Chief of Mission Fund, as authorized by section Afghanistan: Provided, That funds may be (A) cooperating fully with investigations and 101(c)(5) of Public Law 111–73. made available to support reconciliation and re- prosecutions of violations of human rights by ci- (E) Funds appropriated by this Act under the integration activities only if: vilian judicial authorities; and heading ‘‘Economic Support Fund’’ that are (I) Afghan women are participating at na- (B) working constructively to redefine the made available for assistance for infrastructure tional, provincial and local levels of government Nepal Army’s mission and adjust its size accord- projects in Pakistan shall be implemented in a in the design, policy formulation and implemen- ingly, implement reforms including strength- manner consistent with section 507(6) of the tation of the reconciliation or reintegration ening the capacity of the civilian ministry of de- Trade Act of 1974 (19 U.S.C. 2467(6)).

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(F) Funds appropriated by this Act under ti- (e) REGIONAL CROSS BORDER PROGRAMS.— (2) None of the funds made available under tles III and VI for assistance for Pakistan may Funds appropriated by this Act under the head- title I of this Act may be used by the Secretary be made available notwithstanding any other ing ‘‘Economic Support Fund’’ for assistance for of State as a contribution to any organization, provision of law, except for this subsection and Afghanistan and Pakistan may be provided not- agency, or program within the United Nations section 620M of the Foreign Assistance Act of withstanding any other provision of law that re- system if such organization, agency, commis- 1961, as amended by this Act. stricts assistance to foreign countries for cross sion, or program is chaired or presided over by (3) REPORTS.— border stabilization and development programs a country, the government of which the Sec- (A)(i) The spend plan required by section 7078 between Afghanistan and Pakistan or between retary of State has determined, for purposes of of this Act for assistance for Pakistan shall in- either country and the Central Asian republics. section 620A of the Foreign Assistance Act of clude achievable and sustainable goals, bench- PROHIBITION OF PAYMENTS TO UNITED NATIONS 1961, section 40 of the Arms Export Control Act, marks for measuring progress, and expected re- MEMBERS section 6(j)(1) of the Export Administration Act sults regarding furthering development in Paki- of 1979, or any other provision of law, is a gov- stan, countering extremism, and establishing SEC. 7047. None of the funds appropriated or made available pursuant to titles III through VI ernment that has repeatedly provided support conditions conducive to the rule of law and for acts of international terrorism. transparent and accountable governance: Pro- of this Act for carrying out the Foreign Assist- ance Act of 1961, may be used to pay in whole (3) The Secretary of State may waive the re- vided, That such benchmarks may incorporate strictions in this subsection if the Secretary de- those required in title III of Public Law 111–73, or in part any assessments, arrearages, or dues of any member of the United Nations or, from termines and reports to the Committees on Ap- as appropriate: Provided further, That not later propriations that to do so is in the national in- than 6 months after submission of such spend funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act terest of the United States. plan, and each 6 months thereafter until Sep- (c) UNITED NATIONS HUMAN RIGHTS COUN- tember 30, 2013, the Secretary of State shall sub- of 1961, the costs for participation of another country’s delegation at international con- CIL.—Funds appropriated by this Act may be mit a report to the Committees on Appropria- made available for voluntary contributions or tions on the status of achieving the goals and ferences held under the auspices of multilateral or international organizations. payment of United States assessments in support benchmarks in the spend plan. of the United Nations Human Rights Council if (ii) The Secretary of State should suspend as- WAR CRIMES TRIBUNALS DRAWDOWN the Secretary of State determines and reports to sistance for the Government of Pakistan if any SEC. 7048. If the President determines that the Committees on Appropriations that partici- report required by paragraph (A)(i) indicates doing so will contribute to a just resolution of pation in the Council is in the national interest that Pakistan is failing to make measurable charges regarding genocide or other violations of the United States: Provided, That the Sec- progress in meeting these goals or benchmarks. of international humanitarian law, the Presi- retary of State shall report to the Committees on (B) Not later than 90 days after enactment of dent may direct a drawdown pursuant to sec- this Act, the Secretary of State shall submit a Appropriations not later than 30 days after the tion 552(c) of the Foreign Assistance Act of 1961 date of enactment of this Act, and every 180 report to the Committees on Appropriations de- of up to $30,000,000 of commodities and services tailing the costs and objectives associated with days thereafter until September 30, 2012, on the for the United Nations War Crimes Tribunal es- resolutions considered in the United Nations significant infrastructure projects supported by tablished with regard to the former Yugoslavia the United States in Pakistan, and an assess- Human Rights Council. by the United Nations Security Council or such (d) UNITED NATIONS RELIEF AND WORKS ment of the extent to which such projects other tribunals or commissions as the Council AGENCY.—The reporting requirements regarding achieve such objectives. may establish or authorize to deal with such the United Nations Relief and Works Agency (d) SRI LANKA.— violations, without regard to the ceiling limita- (1) None of the funds appropriated by this Act contained in the joint explanatory statement ac- tion contained in paragraph (2) thereof: Pro- companying the Supplemental Appropriations under the heading ‘‘Foreign Military Financing vided, That the determination required under Program’’ may be made available for assistance Act, 2009 (Public Law 111–32, House Report 111– this section shall be in lieu of any determina- 151) under the heading ‘‘Migration and Refugee for Sri Lanka, no defense export license may be tions otherwise required under section 552(c): issued, and no military equipment or technology Assistance’’ in title XI shall apply to funds Provided further, That funds made available made available by this Act under such heading. shall be sold or transferred to Sri Lanka pursu- pursuant to this section shall be made available ant to the authorities contained in this Act or (e) UNITED NATIONS CAPITAL MASTER PLAN.— subject to the regular notification procedures of None of the funds made available in this Act for any other Act, unless the Secretary of State cer- the Committees on Appropriations. tifies to the Committees on Appropriations that the United Nations Capital Master Plan may be UNITED NATIONS the Government of Sri Lanka is— used for the design, renovation, or construction (A) conducting credible, thorough investiga- SEC. 7049. (a) TRANSPARENCY AND ACCOUNT- of the United Nations Headquarters in New tions of alleged war crimes and violations of ABILITY.— York in excess of the United States payment for international humanitarian law by government (1) Of the funds appropriated under title I the assessment agreed upon pursuant to para- forces and the Liberation Tigers of Tamil Eelam; and under the heading ‘‘International Organi- graph 10 of United Nations General Assembly (B) bringing to justice individuals who have zations and Programs’’ in title V of this Act that Resolution 61/251. been credibly alleged to have committed such are available for contributions to any United (f) REPORTING REQUIREMENT.—Not later than violations; Nations agency or to the Organization of Amer- 30 days after enactment of this Act, the Sec- (C) supporting and cooperating with any ican States, 15 percent shall be withheld from retary of State shall submit a report to the Com- United Nations investigation of alleged war obligation for such agency or organization if the mittees on Appropriation detailing the amount crimes and violations of international humani- Secretary of State determines and reports to the of funds available for obligation or expenditure tarian law; Committees on Appropriations that the agency in fiscal year 2012 under the headings ‘‘Con- (D) respecting due process, the rights of jour- or organization is not taking steps to— tributions to International Organizations’’ and nalists, and the rights of citizens to peaceful ex- (A) publish on a publicly available Web site, ‘‘International Organizations and Programs’’ pression and association, including ending ar- consistent with privacy regulations and due that are withheld from obligation or expenditure rest and detention under emergency regulations; process, regular financial and programmatic au- due to any provision of law: Provided, That the (E) providing access to detainees by humani- dits of the agency or organization, and provide Secretary of State shall update such report each tarian organizations; and the United States Government with necessary time additional funds are withheld by operation (F) implementing policies to promote reconcili- access to such financial and performance au- of any provision of law: Provided further, That ation and justice including devolution of power. dits; and the reprogramming of any withheld funds iden- (2) Paragraph (1) shall not apply to assistance (B) implement best practices for the protection tified in such report, including updates thereof, for humanitarian demining and aerial and mari- of whistleblowers from retaliation, including shall be subject to prior consultation with, and time surveillance. best practices for legal burdens of proof, access the regular notification procedures of, the Com- (3) If the Secretary makes the certification re- to independent adjudicative bodies, results that mittees on Appropriations. quired in paragraph (1), funds appropriated eliminate the effects of retaliation, and statutes COMMUNITY-BASED POLICE ASSISTANCE under the heading ‘‘Foreign Military Financing of limitation for reporting retaliation. Program’’ that are made available for assistance (2) The Secretary may waive the restriction in SEC. 7050. (a) AUTHORITY.—Funds made avail- for Sri Lanka should be used to support the re- this subsection if the Secretary determines and able by titles III and IV of this Act to carry out cruitment and training of Tamils into the Sri reports that to do so is in the national interest the provisions of chapter 1 of part I and chap- Lankan military, Tamil language training for of the United States. ters 4 and 6 of part II of the Foreign Assistance Sinhalese military personnel, and human rights (b) RESTRICTIONS ON UNITED NATIONS DELE- Act of 1961, may be used, notwithstanding sec- training for all military personnel. GATIONS AND ORGANIZATIONS.— tion 660 of that Act, to enhance the effectiveness (4) The Secretary of the Treasury shall in- (1) None of the funds made available under and accountability of civilian police authority struct the United States executive directors of title I of this Act may be used to pay expenses through training and technical assistance in the international financial institutions to vote for any United States delegation to any special- human rights, the rule of law, anti-corruption, against any loan, agreement, or other financial ized agency, body, or commission of the United strategic planning, and through assistance to support for Sri Lanka except to meet basic Nations if such commission is chaired or pre- foster civilian police roles that support demo- human needs, unless the Secretary of State cer- sided over by a country, the government of cratic governance including assistance for pro- tifies to the Committees on Appropriations that which the Secretary of State has determined, for grams to prevent conflict, respond to disasters, the Government of Sri Lanka is meeting the re- purposes of section 6(j)(1) of the Export Admin- address gender-based violence, and foster im- quirements in paragraph (1)(D), (E), and (F) of istration Act of 1979 (50 U.S.C. App. 2405(j)(1)), proved police relations with the communities this subsection. supports international terrorism. they serve.

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(b) NOTIFICATION.—Assistance provided under landmines and unexploded ordnance for hu- State, foreign operations, and related programs, subsection (a) shall be subject to the regular no- manitarian purposes may be disposed of on a pursuant to the authority of section 309 of the tification procedures of the Committees on Ap- grant basis in foreign countries, subject to such Foreign Service Act of 1980, may be extended for propriations. terms and conditions as the Secretary of State a period of up to 4 years notwithstanding the ATTENDANCE AT INTERNATIONAL CONFERENCES may prescribe. limitation set forth in such section. (b) CLUSTER MUNITIONS.—No military assist- (f) DISASTER SURGE CAPACITY.—Funds appro- SEC. 7051. None of the funds made available in priated under title III of this Act to carry out this Act may be used to send or otherwise pay ance shall be furnished for cluster munitions, no defense export license for cluster munitions may part I of the Foreign Assistance Act of 1961, in- for the attendance of more than 50 employees of cluding funds appropriated under the heading agencies or departments of the United States be issued, and no cluster munitions or cluster munitions technology shall be sold or trans- ‘‘Assistance for Europe, Eurasia and Central Government who are stationed in the United Asia’’, may be used, in addition to funds other- States, at any single international conference ferred, unless— (1) the submunitions of the cluster munitions, wise available for such purposes, for the cost occurring outside the United States, unless the after arming, do not result in more than 1 per- (including the support costs) of individuals de- Secretary of State reports to the Committees on cent unexploded ordnance across the range of tailed to or employed by USAID whose primary Appropriations at least 5 days in advance that intended operational environments; and responsibility is to carry out programs in re- such attendance is important to the national in- (2) the agreement applicable to the assistance, sponse to natural disasters, or man-made disas- terest: Provided, That for purposes of this sec- transfer, or sale of such cluster munitions or ters subject to the regular notification proce- tion the term ‘‘international conference’’ shall cluster munitions technology specifies that the dures of the Committees on Appropriations. mean a conference attended by representatives cluster munitions will only be used against (g) PERSONAL SERVICES CONTRACTORS.—Funds of the United States Government and of foreign clearly defined military targets and will not be appropriated by this Act to carry out chapter 1 governments, international organizations, or used where civilians are known to be present or of part I, chapter 4 of part II, and section 667 nongovernmental organizations. in areas normally inhabited by civilians. of the Foreign Assistance Act of 1961, and title AIRCRAFT TRANSFER AND COORDINATION II of the Agricultural Trade Development and PROHIBITION ON PUBLICITY OR PROPAGANDA SEC. 7052. (a) TRANSFER AUTHORITY.—Not- Assistance Act of 1954, may be used by USAID SEC. 7055. No part of any appropriation con- withstanding any other provision of law or reg- to employ up to 40 personal services contractors tained in this Act shall be used for publicity or ulation, aircraft procured with funds appro- in the United States, notwithstanding any other propaganda purposes within the United States priated by this Act and prior Acts making ap- provision of law, for the purpose of providing not authorized before the date of the enactment propriations for the Department of State, for- direct, interim support for new or expanded of this Act by the Congress: Provided, That not eign operations, and related programs under the overseas programs and activities managed by to exceed $25,000 may be made available to carry headings ‘‘Diplomatic and Consular Programs’’, the agency until permanent direct hire per- out the provisions of section 316 of Public Law ‘‘International Narcotics Control and Law En- sonnel are hired and trained: Provided, That 96–533. forcement’’, ‘‘Andean Counterdrug Initiative’’ not more than 15 of such contractors shall be as- and ‘‘Andean Counterdrug Programs’’ may be LIMITATION ON RESIDENCE EXPENSES signed to any bureau or office: Provided further, used for any other program and in any region, SEC. 7056. Of the funds appropriated or made That such funds appropriated to carry out title including for the transportation of active and available pursuant to title II of this Act, not to II of the Agricultural Trade Development and standby Civilian Response Corps personnel and exceed $100,500 shall be for official residence ex- Assistance Act of 1954, may be made available equipment during a deployment: Provided, That penses of the United States Agency for Inter- only for personal services contractors assigned the responsibility for policy decisions and jus- national Development during the current fiscal to the Office of Food for Peace. (h) SMALL BUSINESS.—In entering into mul- tification for the use of such transfer authority year: Provided, That appropriate steps shall be tiple award indefinite-quantity contracts with shall be the responsibility of the Secretary of taken to assure that, to the maximum extent funds appropriated by this Act, USAID may State and the Deputy Secretary of State and possible, United States-owned foreign currencies provide an exception to the fair opportunity this responsibility shall not be delegated. are utilized in lieu of dollars. process for placing task orders under such con- (b) PROPERTY DISPOSAL.—The authority pro- UNITED STATES AGENCY FOR INTERNATIONAL tracts when the order is placed with any cat- vided in subsection (a) shall apply only after DEVELOPMENT MANAGEMENT the Secretary of State determines and reports to egory of small or small disadvantaged business. (INCLUDING TRANSFER OF FUNDS) (i) SENIOR FOREIGN SERVICE LIMITED AP- the Committees on Appropriations that the POINTMENTS.—Individuals hired pursuant to the equipment is no longer required to meet pro- SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 authority provided by section 7059(o) of division grammatic purposes in the designated country of the funds made available in title III of this F of Public Law 111–117 may be assigned to or or region: Provided, That any such transfer Act to carry out the provisions of part I of the support programs in Iraq, Afghanistan, or Paki- shall be subject to prior consultation with, and Foreign Assistance Act of 1961, including funds stan with funds made available in this Act and the regular notification procedures of, the Com- appropriated under the heading ‘‘Assistance for prior Acts making appropriations for the De- mittees on Appropriations. Europe, Eurasia and Central Asia’’, may be partment of State, foreign operations, and re- (c) AIRCRAFT COORDINATION.— used by the United States Agency for Inter- (1) The uses of aircraft purchased or leased by national Development (USAID) to hire and em- lated programs. the Department of State and the United States ploy individuals in the United States and over- GLOBAL HEALTH ACTIVITIES Agency for International Development (USAID) seas on a limited appointment basis pursuant to SEC. 7058. (a) IN GENERAL.—Funds appro- with funds made available in this Act or prior the authority of sections 308 and 309 of the For- priated by titles III and IV of this Act that are Acts making appropriations for the Department eign Service Act of 1980. made available for bilateral assistance for child of State, foreign operations, and related pro- (b) RESTRICTIONS.— survival activities or disease programs including grams shall be coordinated under the authority (1) The number of individuals hired in any fis- activities relating to research on, and the pre- of the appropriate Chief of Mission: Provided, cal year pursuant to the authority contained in vention, treatment and control of, HIV/AIDS That such aircraft may be used to transport, on subsection (a) may not exceed 175. may be made available notwithstanding any a reimbursable or non-reimbursable basis, Fed- (2) The authority to hire individuals con- other provision of law except for provisions eral and non-Federal personnel supporting De- tained in subsection (a) shall expire on Sep- under the heading ‘‘Global Health Programs’’ partment of State and USAID programs and ac- tember 30, 2013. and the United States Leadership Against HIV/ tivities: Provided further, That official travel for (c) CONDITIONS.—The authority of subsection AIDS, Tuberculosis, and Malaria Act of 2003 other agencies for other purposes may be sup- (a) should only be used to the extent that an (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend- ported on a reimbursable basis, or without reim- equivalent number of positions that are filled by ed: Provided, That of the funds appropriated bursement when traveling on a space available personal services contractors or other non-direct under title III of this Act, not less than basis. hire employees of USAID, who are compensated $575,000,000 should be made available for family (2) The requirement and authorities of this with funds appropriated to carry out part I of planning/reproductive health, including in subsection shall only apply to aircraft, the pri- the Foreign Assistance Act of 1961, including areas where population growth threatens bio- mary purpose of which is the transportation of funds appropriated under the heading ‘‘Assist- diversity or endangered species. personnel. ance for Europe, Eurasia and Central Asia’’, (b) GLOBAL HEALTH MANAGEMENT.— are eliminated. (1) Not later than 180 days after enactment of PARKING FINES AND REAL PROPERTY TAXES OWED (d) PROGRAM ACCOUNT CHARGED.—The ac- this Act, the Secretary of State, in consultation BY FOREIGN GOVERNMENTS count charged for the cost of an individual with the Administrator of the United States SEC. 7053. The terms and conditions of section hired and employed under the authority of this Agency for International Development (USAID), 7055 of division F of Public Law 111–117 shall section shall be the account to which such indi- shall submit to the Committees on Appropria- apply to this Act: Provided, That the date ‘‘Sep- vidual’s responsibilities primarily relate: Pro- tions an analysis of short and long-term costs, tember 30, 2009’’ in subsection (f)(2)(B) shall be vided, That funds made available to carry out to include potential cost savings or increases, deemed to be ‘‘September 30, 2011’’. this section may be transferred to, and merged associated with transitioning the function, role, LANDMINES AND CLUSTER MUNITIONS with, funds appropriated by this Act in title II and duties of the Office of the United States SEC. 7054. (a) LANDMINES.—Notwithstanding under the heading ‘‘Operating Expenses’’. Global AIDS Coordinator into USAID: Provided, any other provision of law, demining equipment (e) FOREIGN SERVICE LIMITED EXTENSIONS.— That such report shall also assess any pro- available to the United States Agency for Inter- Individuals hired and employed by USAID, with grammatic advantages and disadvantages, in- national Development and the Department of funds made available in this Act or prior Acts cluding the ability to achieve results, of making State and used in support of the clearance of making appropriations for the Department of such a transition.

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(2)(A) Not later than 45 days after enactment PROGRAMS TO PROMOTE GENDER EQUALITY available for assistance for basic education, of of this Act, the Secretary of State, in consulta- SEC. 7060. (a) Programs funded under title III which not less than $288,000,000 should be made tion with the Administrator of the United States of this Act shall include, where appropriate, ef- available under the heading ‘‘Development As- Agency for International Development (USAID), forts to improve the status of women, including sistance’’. shall submit to the Committees on Appropria- through gender considerations in the planning, (B) The United States Agency for Inter- tions a report on the status of the Quadrennial assessment, implementation, monitoring and national Development shall ensure that pro- Diplomacy and Development Review (QDDR) evaluation of such programs. grams supported with funds appropriated for decision to transition the leadership of the Glob- (b) Funds appropriated under title III of this basic education in this Act and prior Acts mak- al Health Initiative (GHI) to USAID, to include Act shall be made available to support programs ing appropriations for the Department of State, the following— to expand economic opportunities for poor foreign operations, and related programs are in- (i) the metrics developed to measure progress women in developing countries, including in- tegrated, when appropriate, with health, agri- in meeting each benchmark enumerated in Ap- creasing the number and capacity of women- culture, governance, and economic development pendix 2 of the QDDR and the method utilized owned enterprises, improving property rights for activities to address the economic and social to develop such metrics; and women, increasing women’s access to financial needs of the broader community. (ii) the status of, and estimated completion services and capital, enhancing the role of (C) Funds appropriated by title III of this Act date for, meeting each benchmark. women in economic decisionmaking at the local, for basic education may be made available for a (B) Within 90 days of submitting the initial re- national and international levels, and improv- contribution to the Global Partnership for Edu- port required by subparagraph (A), and each 90 ing women’s ability to participate in the global cation. days thereafter until the GHI transition is com- economy. (2) HIGHER EDUCATION.—Of the funds appro- pleted, an update shall be provided to the Com- (c) Funds appropriated under title III of this priated by title III of this Act, not less than mittees on Appropriations on the status of meet- Act shall be made available to increase political $200,000,000 shall be made available for assist- ing each benchmark: Provided, That if as part opportunities for women, including strength- ance for higher education, of which $25,000,000 of any such update it is determined that the ening protections for women’s personal status, shall be to support such programs in Africa, in- QDDR target date of September 2012 will not be increasing women’s participation in elections, cluding for partnerships between higher edu- met, the Secretary of State, in consultation with and enhancing women’s positions in government cation institutions in Africa and the United the USAID Administrator, shall submit a de- and role in government decisionmaking. States. tailed explanation of the delay and a revised (d) Funds appropriated under in title III of (b) DEVELOPMENT GRANTS PROGRAM.—Of the target date for the transition to be completed. this Act for food security and agricultural devel- funds appropriated in title III of this Act, not less than $45,000,000 shall be made available for (c) GLOBAL FUND REFORMS.— opment shall take into consideration the unique the Development Grants Program established (1) Of funds appropriated by this Act that are needs of women, and technical assistance for pursuant to section 674 of the Department of available for a contribution to the Global Fund women farmers should be a priority. State, Foreign Operations, and Related Pro- to Fight AIDS, Tuberculosis and Malaria (Glob- (e) The Secretary of State, in consultation grams Appropriations Act, 2008 (division J of al Fund), 10 percent should be withheld from with the heads of other relevant Federal agen- Public Law 110–161), primarily for unsolicited obligation until the Secretary of State deter- cies, shall develop a National Action Plan in ac- proposals, to support grants of not more than mines and reports to the Committees on Appro- cordance with United Nations Security Council $2,000,000 to small nongovernmental organiza- priations that— Resolution 1325 (adopted on October 31, 2000) to tions: Provided, That funds made available (A) the Global Fund is maintaining and imple- ensure the United States effectively promotes under this subsection are in addition to other menting a policy of transparency, including the and supports the rights and roles of women in funds available for such purposes including authority of the Global Fund Office of the In- conflict-affected and post-conflict regions funds designated by this Act by subsection (f). spector General (OIG) to publish OIG reports on through clear, measurable commitments to— (c) ENVIRONMENT PROGRAMS.— a public Web site; (1) promote the active and meaningful partici- pation of women in affected areas in all aspects (1) IN GENERAL.—Of the funds appropriated (B) the Global Fund is providing sufficient re- of conflict prevention, management, and resolu- by this Act, not less than $1,250,000,000 should sources to maintain an independent OIG that— tion; be made available for programs and activities to (i) reports directly to the Board of the Global (2) integrate the perspectives and interests of protect the environment. Fund; affected women into conflict-prevention activi- (2) CLEAN ENERGY PROGRAMS.—The limitation (ii) maintains a mandate to conduct thorough ties and strategies; in section 7081(b) of division F of Public Law investigations and programmatic audits, free (3) promote the physical safety, economic se- 111–117 shall continue in effect during fiscal from undue interference; and curity, and dignity of women and girls; year 2012 as if part of this Act: Provided, That (iii) compiles regular, publicly published au- (4) support women’s equal access to aid dis- the proviso contained in such section shall not dits and investigations of financial, pro- tribution mechanisms and services; and apply. grammatic, and reporting aspects of the Global (5) monitor, analyze and evaluate implemen- (3) ADAPTATION PROGRAMS.—Funds appro- Fund, its grantees, recipients, sub-recipients, tation efforts and their impact. priated by this Act may be made available for and Local Fund Agents; and (f) The Department of State and the United United States contributions to the Least Devel- (C) the Global Fund maintains an effective States Agency for International Development oped Countries Fund and the Special Climate whistleblower policy to protect whistleblowers shall fully integrate gender into all diplomatic Change Fund to support adaptation programs from retaliation, including confidential proce- and development efforts through the inclusion and activities. dures for reporting possible misconduct or irreg- of gender in strategic planning and budget allo- (4) TROPICAL FOREST PROGRAMS.—Funds ap- ularities. cations, and the development of indicators and propriated under title III of this Act for tropical (2) The withholding required by this sub- evaluation mechanisms to measure the impact of forest programs shall be used to protect biodiver- section shall not be in addition to funds that are United States policies and programs on women sity, and shall not be used to support or promote withheld from the Global Fund in fiscal year and girls in foreign countries. the expansion of industrial scale logging into 2012 pursuant to the application of any other GENDER-BASED VIOLENCE primary tropical forests: Provided, That funds provision contained in this or any other Act. that are available for the Central African Re- SEC. 7061. (a) Funds appropriated under the gional Program for the Environment and other (d) PANDEMIC RESPONSE.—If the President de- headings ‘‘Global Health Programs’’, ‘‘Develop- tropical forest programs in the Congo Basin for termines and reports to the Committees on Ap- ment Assistance’’, ‘‘Economic Support Fund’’, the United States Fish and Wildlife Service propriations that a pandemic virus is efficient and ‘‘International Narcotics Control and Law (USFWS) shall be apportioned directly to the and sustained, severe, and is spreading inter- Enforcement’’ in this Act shall be made avail- USFWS: Provided further, That funds made nationally, funds made available under titles able for gender-based violence prevention and available for the Department of the Interior III, IV, and VIII in this Act and prior Acts mak- response efforts, and funds appropriated under (DOI) for programs in the Guatemala Mayan ing appropriations for the Department of State, the headings ‘‘International Disaster Assist- Biosphere Reserve shall be apportioned directly foreign operations, and related programs may be ance’’, ‘‘Complex Crises Fund’’, and ‘‘Migration to the DOI. made available to combat such virus: Provided, and Refugee Assistance’’ should be made avail- That funds made available pursuant to the au- (5) AUTHORITY.—Funds appropriated by this able for such efforts. Act to carry out the provisions of sections 103 thority of this subsection shall be subject to (b) Programs and activities funded under ti- prior consultation with, and the regular notifi- through 106, and chapter 4 of part II, of the tles III and IV of this Act to train foreign police, Foreign Assistance Act of 1961 may be used, not- cation procedures of, the Committees on Appro- judicial, and military personnel, including for priations. withstanding any other provision of law except international peacekeeping operations, shall ad- for the provisions of this section and subject to PROHIBITION ON PROMOTION OF TOBACCO dress, where appropriate, prevention and re- the regular notification procedures of the Com- SEC. 7059. None of the funds provided by this sponse to gender-based violence and trafficking mittees on Appropriations, to support environ- Act shall be available to promote the sale or ex- in persons. ment programs. port of tobacco or tobacco products, or to seek SECTOR ALLOCATIONS (6) CONSULTATION.—Funds made available the reduction or removal by any foreign country SEC. 7062. (a) BASIC AND HIGHER EDU- pursuant to this subsection are subject to prior of restrictions on the marketing of tobacco or to- CATION.— consultation with, and the regular notification bacco products, except for restrictions which are (1) BASIC EDUCATION.— procedures of, the Committees on Appropria- not applied equally to all tobacco or tobacco (A) Of the funds appropriated by title III of tions. products of the same type. this Act, not less than $800,000,000 shall be made (7) EXTRACTION OF NATURAL RESOURCES.—

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(A) Funds appropriated by this Act shall be States Agency for International Development OVERSEAS PRIVATE INVESTMENT CORPORATION made available to promote and support trans- shall consult with the Committees on Appropria- (INCLUDING TRANSFER OF FUNDS) parency and accountability of expenditures and tions, prior to the initial obligation of funds, on SEC. 7065. (a) Whenever the President deter- revenues related to the extraction of natural re- the uses of such funds. mines that it is in furtherance of the purposes of sources, including by strengthening implementa- (2) Of the funds appropriated by title III of the Foreign Assistance Act of 1961, up to a total tion and monitoring of the Extractive Industries this Act under the headings ‘‘Economic Support of $20,000,000 of the funds appropriated under Transparency Initiative, implementing and en- Fund’’ and ‘‘Development Assistance’’, title III of this Act may be transferred to, and forcing section 8204 of Public Law 110–246 and $10,000,000 should be made available for a ‘‘New merged with, funds appropriated by this Act for the Kimberley Process Certification Scheme, and Generation in the Middle East’’ initiative to the Overseas Private Investment Corporation providing technical assistance to promote inde- build understanding, tolerance, and mutual re- Program Account, to be subject to the terms and pendent audit mechanisms and support civil so- spect among the next generation of Israeli and conditions of that account: Provided, That such ciety participation in natural resource manage- Palestinian leaders. funds shall not be available for administrative ment. (g) TRAFFICKING IN PERSONS.—Of the funds expenses of the Overseas Private Investment (B)(i) The Secretary of the Treasury shall in- appropriated by this Act under the headings form the managements of the international fi- Corporation: Provided further, That designated ‘‘Development Assistance’’, ‘‘Economic Support funding levels in this Act shall not be trans- nancial institutions and post on the Department Fund’’, ‘‘International Narcotics Control and of the Treasury’s Web site that it is the policy ferred pursuant to this section: Provided fur- Law Enforcement’’, and ‘‘Assistance for Europe, ther, That the exercise of such authority shall of the United States to vote against any assist- Eurasia and Central Asia’’ not less than ance by such institutions (including but not lim- be subject to the regular notification procedures $36,000,000 shall be made available for activities of the Committees on Appropriations. ited to any loan, credit, grant, or guarantee) for to combat trafficking in persons internationally. the extraction and export of a natural resource (b) Notwithstanding section 235(a)(2) of the (h) WATER.—Of the funds appropriated by if the government of the country has in place Foreign Assistance Act of 1961, the authority of this Act, not less than $315,000,000 shall be made laws or regulations to prevent or limit the public subsections (a) through (c) of section 234 of such available for water and sanitation supply disclosure of company payments as required by Act shall remain in effect until September 30, projects pursuant to the Senator Paul Simon section 1504 of Public Law 111–203, and unless 2012. Water for the Poor Act of 2005 (Public Law 109– such government has in place functioning sys- INTERNATIONAL PRISON CONDITIONS 121). tems in the sector in which assistance is being SEC. 7066. (a) Not later than 180 days after en- (i) WOMEN’S LEADERSHIP CAPACITY.—Of the considered for: actment of this Act, the Secretary of State shall (I) accurately accounting for and public dis- funds appropriated by title III of this Act, not less than $20,000,000 shall be made available for submit to the Committees on Appropriations a closure of payments to the host government by report, which shall also be made publicly avail- companies involved in the extraction and export programs to improve women’s leadership capac- ity in recipient countries. able including on the Department of State’s Web of natural resources; site, describing— (j) NOTIFICATION REQUIREMENTS.—Authorized (II) the independent auditing of accounts re- (1) conditions in prisons and other detention deviations from funding levels contained in this ceiving such payments and public disclosure of facilities in at least 25 countries whose govern- section shall be subject to the regular notifica- the findings of such audits; and ments receive United States assistance and (III) public disclosure of such documents as tion procedures of the Committees on Appropria- which the Secretary determines raise serious Host Government Agreements, Concession tions. human rights or humanitarian concerns; and Agreements, and bidding documents, allowing in CENTRAL ASIA (2) the extent to which such governments are any such dissemination or disclosure for the re- taking steps to eliminate such conditions. daction of, or exceptions for, information that is SEC. 7063. The terms and conditions of sec- (b) For purposes of each determination made commercially proprietary or that would create tions 7075(a) through (d) and 7076(a) through pursuant to subsection (a), the Secretary shall competitive disadvantage. (e) of the Department of State, Foreign Oper- consider the criteria listed in section 7085(b)(1) (ii) The requirements of subparagraph (i) shall ations, and Related Programs Appropriations through (10) of division F of Public Law 111– not apply to assistance for the purpose of build- Act, 2009 (division H of Public Law 111–8) shall 117. ing the capacity of such government to meet the apply to funds appropriated by this Act, except requirements of this paragraph. that the Secretary of State may waive the appli- (c) Funds appropriated by this Act to carry (C) The Secretary of the Treasury or the Sec- cation of section 7076(a) for a period of not more out the provisions of chapters 1 and 11 of part retary of State, as appropriate, shall instruct than 6 months and every 6 months thereafter I and chapter 4 of part II of the Foreign Assist- the United States executive director of each until September 30, 2013, if the Secretary cer- ance Act of 1961, and the Support for East Euro- international financial institution and the tifies to the Committees on Appropriations that pean Democracy (SEED) Act of 1989, shall be United States representatives to all forest-re- the waiver is in the national security interest made available, notwithstanding section 660 of lated multilateral financing mechanisms and and necessary to obtain access to and from Af- the Foreign Assistance Act of 1961, for assist- processes, that it is the policy of the United ghanistan for the United States, and the waiver ance to eliminate inhumane conditions in for- States to vote against the expansion of indus- includes an assessment of progress, if any, by eign prisons and other detention facilities. trial scale logging into primary tropical forests. the Government of Uzbekistan in meeting the re- PROHIBITION ON USE OF TORTURE (8) CONTINUATION OF PRIOR LAW.—Section quirements in section 7076(a): Provided, That SEC. 7067. (a) None of the funds made avail- 7081(g)(2) and (4) of division F of Public Law the Secretary of State, in consultation with the able in this Act may be used to support or jus- 111–117 shall continue in effect during fiscal Secretary of Defense, shall submit a report to tify the use of torture, cruel or inhumane treat- year 2012 as if part of this Act. the Committees on Appropriations not later than ment by any official or contract employee of the (d) FOOD SECURITY AND AGRICULTURE DEVEL- 180 days after enactment of this Act and 12 United States Government. OPMENT.—Of the funds appropriated by title III months thereafter, on all United States Govern- (b) Funds appropriated by this Act to carry of this Act, $1,170,000,000 should be made avail- ment assistance provided to the Government of out the provisions of chapters 1, 10, 11, and 12 able for food security and agriculture develop- Uzbekistan and expenditures made in support of of part I and chapter 4 of part II of the Foreign ment programs, of which $31,500,000 shall be the Northern Distribution Network in Uzbek- Assistance Act of 1961, and the Support for East made available for Collaborative Research Sup- istan, including any credible information that European Democracy (SEED) Act of 1989, shall port Programs: Provided, That such funds may such assistance or expenditures are being di- be made available, notwithstanding section 660 be made available notwithstanding any other verted for corrupt purposes: Provided further, of the Foreign Assistance Act of 1961, for assist- provision of law to address food shortages, and That information provided in the report re- ance to eliminate torture by foreign police, mili- may be made available for a United States con- quired by the previous proviso may be provided tary or other security forces in countries receiv- tribution to the endowment of the Global Crop in a classified annex and such annex shall indi- ing assistance from funds appropriated by this Diversity Trust pursuant to section 3202 of Pub- cate the basis for such classification: Provided Act that are identified in the Department of lic Law 110–246. further, That for the purposes of the application State’s most recent Country Reports on Human (e) MICROENTERPRISE AND MICROFINANCE.—Of of section 7075(c) to this Act, the report shall be Rights Practices. the funds appropriated by this Act, not less submitted not later than October 1, 2012 and for EXTRADITION than $265,000,000 should be made available for the purposes of the application of section 7076(e) microenterprise and microfinance development to this Act, the term ‘‘assistance’’ shall not in- SEC. 7068. (a) None of the funds appropriated programs for the poor, especially women. clude expanded international military education in this Act may be used to provide assistance (f) RECONCILIATION PROGRAMS.—(1) Of the and training. (other than funds provided under the headings funds appropriated by title III of this Act under ‘‘International Narcotics Control and Law En- the headings ‘‘Economic Support Fund’’ and REQUESTS FOR DOCUMENTS forcement’’, ‘‘Migration and Refugee Assist- ‘‘Development Assistance’’, $26,000,000 shall be SEC. 7064. None of the funds appropriated or ance’’, ‘‘Emergency Migration and Refugee As- made available to support people-to-people rec- made available pursuant to titles III through VI sistance’’, and ‘‘Nonproliferation, Anti-ter- onciliation programs which bring together indi- of this Act shall be available to a nongovern- rorism, Demining and Related Assistance’’) for viduals of different ethnic, religious and polit- mental organization, including any contractor, the central government of a country which has ical backgrounds from areas of civil strife and which fails to provide upon timely request any notified the Department of State of its refusal to war, of which $10,000,000 shall be made avail- document, file, or record necessary to the audit- extradite to the United States any individual in- able for such programs in the Middle East: Pro- ing requirements of the United States Agency dicted for a criminal offense for which the max- vided, That the Administrator of the United for International Development. imum penalty is life imprisonment without the

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(b) Funds made available under titles III try is in violation of the terms and conditions of INTERNATIONAL MONETARY FUND through VI of this Act for Enterprise Funds the treaty. SEC. 7071. (a) The terms and conditions of sec- shall be expended at the minimum rate nec- (c) The Secretary of State may waive the re- tions 7086(b)(1) and (2) and 7090(a) of division F essary to make timely payment for projects and striction in subsection (a) on a case-by-case of Public Law 111–117 shall apply to this Act. activities and no such funds may be available basis if the Secretary certifies to the Committees (b) The Secretary of the Treasury shall in- except through the regular notification proce- on Appropriations that such waiver is important struct the United States Executive Director of dures of the Committees on Appropriations. to the national interests of the United States. the International Monetary Fund (IMF) to seek CONSULAR AFFAIRS COMMERCIAL LEASING OF DEFENSE ARTICLES to ensure that any loan will be repaid to the IMF before other private creditors. SEC. 7076. (a) The Secretary of State shall im- SEC. 7069. Notwithstanding any other provi- (c) The Secretary of the Treasury shall seek to plement the necessary steps, including hiring a sion of law, and subject to the regular notifica- ensure that the IMF is implementing best prac- sufficient number of consular officers to include tion procedures of the Committees on Appropria- tices for the protection of whistleblowers from limited non-career appointment officers, in the tions, the authority of section 23(a) of the Arms retaliation, including best practices for legal People’s Republic of China, Brazil, and India to Export Control Act may be used to provide fi- burdens of proof, access to independent adju- reduce the wait time to interview visa applicants nancing to Israel, Egypt and NATO and major dicative bodies, results that eliminate the effects who have submitted applications. non-NATO allies for the procurement by leasing of retaliation, and statutes of limitation for re- (b) The Secretary of State shall conduct a risk (including leasing with an option to purchase) porting retaliation. and benefit analysis regarding the extension of of defense articles from United States commer- REPRESSION IN THE RUSSIAN FEDERATION the expiration period for B–1 or B–2 visas for cial suppliers, not including Major Defense visa applicants before requiring a consular offi- SEC. 7072. (a) None of the funds appropriated Equipment (other than helicopters and other cer interview and, unless such analysis finds under the heading ‘‘Assistance for Europe, Eur- types of aircraft having possible civilian appli- that risks outweigh benefits, develop a plan to cation), if the President determines that there asia and Central Asia’’ in this Act may be made available for the Government of the Russian extend such expiration period in a manner con- are compelling foreign policy or national secu- sistent with maintaining security controls. rity reasons for those defense articles being pro- Federation, after 180 days from the date of the enactment of this Act, unless the Secretary of (c) The Secretary of State may develop and vided by commercial lease rather than by gov- conduct a pilot program for the processing of B– ernment-to-government sale under such Act. State certifies to the Committees on Appropria- tions that the Government of the Russian Fed- 1 and B–2 visas using secure remote INDEPENDENT STATES OF THE FORMER SOVIET eration: videoconferencing technology as a method for UNION (1) has implemented no statute, Executive conducting visa interviews of applicants: Pro- SEC. 7070. (a) None of the funds appropriated order, regulation or similar government action vided, That any such pilot should be developed under the heading ‘‘Assistance for Europe, Eur- that would discriminate, or which has as its in consultation with other Federal agencies that asia and Central Asia’’ shall be made available principal effect discrimination, against religious use such secure communications to help ensure for assistance for a government of an Inde- groups or religious communities in the Russian security of the videoconferencing transmission pendent State of the former Soviet Union if that Federation in violation of accepted inter- and encryption: Provided further, That no pilot government directs any action in violation of national agreements on human rights and reli- program should be conducted if the Secretary the territorial integrity or national sovereignty gious freedoms to which the Russian Federation determines and reports to the Committees on Ap- of any other Independent State of the former is a party; propriations that such program poses an undue Soviet Union, such as those violations included (2) is honoring its international obligations re- security risk and that it cannot be conducted in in the Helsinki Final Act: Provided, That such garding freedom of expression, assembly, and a manner consistent with maintaining security funds may be made available without regard to press, as well as due process; controls. the restriction in this subsection if the President (3) is investigating and prosecuting law en- PROCUREMENT REFORM forcement personnel credibly alleged to have determines that to do so is in the national secu- SEC. 7077. (a) LOCAL COMPETITION.—Notwith- committed human rights abuses against political rity interest of the United States. standing any other provision of law, the Admin- leaders, activists and journalists; and (b)(1) Of the funds appropriated under the istrator of the United States Agency for Inter- (4) is immediately releasing political leaders, heading ‘‘Assistance for Europe, Eurasia and national Development (USAID) may, with funds activists and journalists who remain in deten- Central Asia’’ that are allocated for assistance made available in this Act and prior Acts mak- tion. for the Government of the Russian Federation, ing appropriations for the Department of State, 60 percent shall be withheld from obligation (b) The Secretary of State may waive the re- quirements of subsection (a) if the Secretary de- foreign operations, and related programs, award until the President determines and certifies in contracts and other acquisition instruments in writing to the Committees on Appropriations termines that to do so is important to the na- tional interests of the United States. which competition is limited to local entities if that the Government of the Russian Federa- doing so would result in cost savings, develop PROHIBITION ON FIRST-CLASS TRAVEL tion— local capacity, or enable the USAID Adminis- (A) has terminated implementation of ar- SEC. 7073. None of the funds made available in trator to initiate a program or activity in appre- rangements to provide Iran with technical ex- this Act may be used for first-class travel by em- ciably less time than if competition were not so pertise, training, technology, or equipment nec- ployees of agencies funded by this Act in con- limited: Provided, That the authority provided essary to develop a nuclear reactor, related nu- travention of sections 301–10.122 through 301– in this section may not be used to make awards clear research facilities or programs, or ballistic 10.124 of title 41, Code of Federal Regulations. in excess of $5,000,000 and shall not exceed more missile capability; and DISABILITY PROGRAMS than 10 percent of the funds made available to (B) is providing full access to international SEC. 7074. Funds appropriated by this Act USAID under this Act for assistance programs: non-government organizations providing hu- under the heading ‘‘Economic Support Fund’’ Provided further, That such authority shall be manitarian relief to refugees and internally dis- shall be made available for programs and activi- available to support a pilot program with such placed persons in Chechnya. ties administered by the United States Agency funds: Provided further, That the USAID Ad- (2) Paragraph (1) shall not apply to— for International Development to address the ministrator shall consult with the Committees on (A) assistance to combat infectious diseases, needs and protect and promote the rights of peo- Appropriations and relevant congressional com- child survival activities, or assistance for victims ple with disabilities in developing countries, in- mittees on the results of such pilot program. of trafficking in persons; and cluding initiatives that focus on independent (B) activities authorized under title V (Non- (b) For the purposes of this section, local enti- living, economic self-sufficiency, advocacy, edu- proliferation and Disarmament Programs and ty means an individual, a corporation, a non- cation, employment, transportation, sports, and Activities) of the FREEDOM Support Act. profit organization, or another body of persons (c) Section 907 of the FREEDOM Support Act integration of individuals with disabilities, in- that— shall not apply to— cluding for the cost of translation, and shall (1) is legally organized under the laws of; (1) activities to support democracy or assist- also be made available to support disability ad- (2) has as its principal place of business or op- ance under title V of the FREEDOM Support vocacy organizations to provide training and erations in; and Act and section 1424 of Public Law 104–201 or technical assistance for disabled persons organi- (3) either is— non-proliferation assistance; zations in such countries: Provided, That of the (A) majority owned by individuals who are (2) any assistance provided by the Trade and funds made available by this section, up to 7 citizens or lawful permanent residents of; or Development Agency under section 661 of the percent may be for management, oversight, and (B) managed by a governing body the majority Foreign Assistance Act of 1961 (22 U.S.C. 2421); technical support. of whom are citizens or lawful permanent resi- (3) any activity carried out by a member of the ENTERPRISE FUNDS dents of; United States and Foreign Commercial Service SEC. 7075. (a) Prior to the distribution of any a country receiving assistance from funds ap- while acting within his or her official capacity; assets resulting from any liquidation, dissolu- propriated under title III of this Act.

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(c) For purposes of this section, ‘‘majority SPECIAL DEFENSE ACQUISITION FUND ‘‘(b) AMENDMENT OF THE ARTICLES OF AGREE- owned’’ and ‘‘managed by’’ include, without (INCLUDING LIMITATION ON OBLIGATIONS) MENT.—The United States Governor of the Cor- limitation, beneficiary interests and the power, SEC. 7080. (a) TRANSFER.—Of the funds made poration is authorized to agree to and accept an either directly or indirectly, whether exercised available pursuant to the last proviso in the sec- amendment to Article IV, Section 3(a) of the Ar- or exercisable, to control the election, appoint- ond paragraph under the heading ‘‘Foreign ticles of Agreement of the Corporation that ment, or tenure of the organization’s managers Military Financing Program’’ in this Act, up to achieves an increase in basic votes to 5.55 per- or a majority of the organization’s governing $100,000,000 of such funds may be transferred to cent of total votes.’’. body by any means. the Special Defense Acquisition Fund pursuant (c) INTER-AMERICAN DEVELOPMENT BANK.— OPERATING AND SPEND PLANS to section 51 of the Arms Export Control Act. The Inter-American Development Bank Act, Public Law 86–147, as amended (22 U.S.C. 283 et SEC. 7078. (a) OPERATING PLANS.—Not later (b) LIMITATION ON OBLIGATIONS.—Not to ex- than 30 days after the date of enactment of this ceed $100,000,000 may be obligated pursuant to seq.), is further amended by adding at the end Act, each department, agency or organization section 51(c)(2) of the Arms Export Control Act thereof the following new section: funded in titles I and II, and the Department of for the purposes of the Special Defense Acquisi- ‘‘SEC. 41. NINTH CAPITAL INCREASE. the Treasury and Independent Agencies funded tion Fund (Fund), to remain available for obli- ‘‘(a) VOTE AUTHORIZED.—The United States in title III of this Act shall submit to the Com- gation until September 30, 2015: Provided, That Governor of the Bank is authorized to vote in mittees on Appropriations an operating plan for the provision of defense articles and defense favor of a resolution to increase the capital funds appropriated to such department, agency, services to foreign countries or international or- stock of the Bank by $70,000,000,000 as described or organization in such titles of this Act, or ganizations from the Fund shall be subject to in Resolution AG–7/10, ‘Report on the Ninth funds otherwise available for obligation in fiscal the concurrence of the Secretary of State. General Capital Increase in the resources of the year 2012, that provides details of the use of AUTHORITY FOR CAPITAL INCREASES Inter-American Development Bank’ as approved such funds at the program, project, and activity SEC. 7081. (a) INTERNATIONAL BANK FOR RE- by Governors on July 21, 2010. level. CONSTRUCTION AND DEVELOPMENT.—The Bretton ‘‘(b) SUBSCRIPTION AUTHORIZED.— (b) SPEND PLANS.—Prior to the initial obliga- Woods Agreements Act, as amended (22 U.S.C. ‘‘(1) The United States Governor of the Bank tion of funds, the Secretary of State, in con- 286 et seq.), is further amended by adding at the may subscribe on behalf of the United States to sultation with the Administrator of the United end thereof the following new sections: 1,741,135 additional shares of the capital stock of the Bank. States Agency for International Development, ‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO shall submit to the Committees on Appropria- THE ARTICLES OF AGREEMENT OF ‘‘(2) Any subscription by the United States to tions a detailed spend plan for the following— THE BANK TO INCREASE BASIC the capital stock of the Bank shall be effective (1) funds appropriated under the heading VOTES. only to such extent and in such amounts as are ‘‘Democracy Fund’’; ‘‘The United States Governor of the Bank may provided in advance in appropriations Acts. (2) funds made available in titles III and IV of accept on behalf of the United States the ‘‘(c) LIMITATIONS ON AUTHORIZATION OF AP- this Act for assistance for Iraq, Haiti, Colombia, amendment to the Articles of Agreement of the PROPRIATIONS.— and Mexico, for the Caribbean Basin Security Bank as proposed in resolution No. 596, entitled ‘‘(1) In order to pay for the increase in the Initiative, and for the Central American Re- ‘Enhancing Voice and Participation of Devel- United States subscription to the Bank under gional Security Initiative; oping and Transition Countries,’ of the Board subsection (b), there are authorized to be appro- (3) funds made available for assistance for of Governors of the Bank that was approved by priated, without fiscal year limitation, countries or programs and activities referenced such Board on January 30, 2009. $21,004,064,337 for payment by the Secretary of in— ‘‘SEC. 70. CAPITAL STOCK INCREASES. the Treasury. (A) section 7040; ‘‘(a) INCREASES AUTHORIZED.—The United ‘‘(2) Of the amount authorized to be appro- (B) section 7041(a), (e), (f), and (i); States Governor of the Bank is authorized— priated under paragraph (1)— (C) section 7043(b); ‘‘(1)(A) to vote in favor of a resolution to in- ‘‘(A) $510,090,175 shall be for paid in shares of (D) section 7046(a) and (c); and crease the capital stock of the Bank on a selec- the Bank; and (4) funds appropriated in title III for food se- tive basis by 230,374 shares; and ‘‘(B) $20,493,974,162 shall be for callable shares curity and agriculture development programs ‘‘(B) to subscribe on behalf of the United of the Bank.’’. and for environment programs. States to 38,459 additional shares of the capital (d) AFRICAN DEVELOPMENT BANK.—The Afri- (c) NOTIFICATIONS.—The spend plans ref- stock of the Bank, as part of the selective in- can Development Bank Act, Public Law 97–35, erenced in subsection (b) shall not be considered crease in the capital stock of the Bank, except as amended (22 U.S.C. 290i et seq.), is further as meeting the notification requirements under that any subscription to such additional shares amended by adding at the end thereof the fol- section 7015 of this Act or under section 634A of shall be effective only to such extent or in such lowing new section: the Foreign Assistance Act of 1961. amounts as are provided in advance in appro- ‘‘SEC. 1344. SIXTH CAPITAL INCREASE. RESCISSIONS priations Acts; ‘‘(a) SUBSCRIPTION AUTHORIZED.— SEC. 7079. (a) Of the funds appropriated in ‘‘(2)(A) to vote in favor of a resolution to in- ‘‘(1) The United States Governor of the Bank prior Acts making appropriations for the De- crease the capital stock of the Bank on a gen- may subscribe on behalf of the United States to partment of State, foreign operations, and re- eral basis by 484,102 shares; and 289,391 additional shares of the capital stock of lated programs under the heading ‘‘Diplomatic ‘‘(B) to subscribe on behalf of the United the Bank. and Consular Programs’’, $13,700,000 are re- States to 81,074 additional shares of the capital ‘‘(2) Any subscription by the United States to scinded, of which $8,000,000 shall be from funds stock of the Bank, as part of the general in- the capital stock of the Bank shall be effective for Worldwide Security Protection: Provided, crease in the capital stock of the Bank, except only to such extent and in such amounts as are That no amounts may be rescinded from that any subscription to such additional shares provided in advance in appropriations Acts. amounts that were designated by Congress as an shall be effective only to such extent or in such ‘‘(b) LIMITATIONS ON AUTHORIZATION OF AP- emergency requirement pursuant to a concur- amounts as are provided in advance in appro- PROPRIATIONS.— rent resolution on the budget or the Balanced priations Acts. ‘‘(1) In order to pay for the increase in the ‘‘(b) LIMITATIONS ON AUTHORIZATION OF AP- Budget and Emergency Deficit Control Act of United States subscription to the Bank under PROPRIATIONS.— subsection (a), there are authorized to be appro- 1985. ‘‘(1) In order to pay for the increase in the (b) Of the unexpended balances available priated, without fiscal year limitation, United States subscription to the Bank under under the heading ‘‘Export and Investment As- $4,322,228,221 for payment by the Secretary of subsection (a)(2)(B), there are authorized to be sistance, Export-Import Bank of the United the Treasury. appropriated, without fiscal year limitation, States, Subsidy Appropriation’’ from prior Acts ‘‘(2) Of the amount authorized to be appro- $9,780,361,991 for payment by the Secretary of making appropriations for the Department of priated under paragraph (1)— the Treasury. State, foreign operations, and related programs, ‘‘(2) Of the amount authorized to be appro- ‘‘(A) $259,341,759 shall be for paid in shares of $400,000,000 are rescinded. priated under paragraph (2)(A)— the Bank; and (c) Of the unexpended balances available to ‘‘(A) $586,821,720 shall be for paid in shares of ‘‘(B) $4,062,886,462 shall be for callable shares the President for bilateral economic assistance the Bank; and of the Bank.’’. under the heading ‘‘Economic Support Fund’’ ‘‘(B) $9,193,540,271 shall be for callable shares (e) EUROPEAN BANK FOR RECONSTRUCTION AND from prior Acts making appropriations for the of the Bank.’’. DEVELOPMENT.—The European Bank for Recon- Department of State, foreign operations, and re- (b) INTERNATIONAL FINANCE CORPORATION.— struction and Development Act, Section 562(c) of lated programs, $100,000,000 are rescinded: Pro- The International Finance Corporation Act, Public Law 101–513, as amended (22 U.S.C. 290l vided, That no amounts may be rescinded from Public Law 84–350, as amended (22 U.S.C. 282 et et seq.), is further amended by adding at the end amounts that were designated by Congress as an seq.), is further amended by adding at the end thereof the following new paragraph: emergency requirement pursuant to a concur- thereof the following new section: ‘‘(12) CAPITAL INCREASE.— rent resolution on the budget or the Balanced ‘‘SEC. 17. SELECTIVE CAPITAL INCREASE AND ‘‘(A) SUBSCRIPTION AUTHORIZED.— Budget and Emergency Deficit Control Act of AMENDMENT OF THE ARTICLES OF ‘‘(i) The United States Governor of the Bank 1985. AGREEMENT. may subscribe on behalf of the United States up (d) The Secretary of State, as appropriate, ‘‘(a) VOTE AUTHORIZED.—The United States to 90,044 additional callable shares of the cap- shall consult with the Committees on Appropria- Governor of the Corporation is authorized to ital stock of the Bank in accordance with Reso- tions at least 15 days prior to implementing the vote in favor of a resolution to increase the cap- lution No. 128 as adopted by the Board of Gov- rescissions made in this section. ital stock of the Corporation by $130,000,000. ernors of the Bank on May 14, 2010.

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00162 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9131 ‘‘(ii) Any subscription by the United States to (A) requiring that higher-risk subprojects com- ‘‘(b) In order to pay for the United States con- additional capital stock of the Bank shall be ef- ply with the relevant Performance Standard re- tribution provided for in subsection (a), there fective only to such extent and in such amounts quirements; and are authorized to be appropriated, without fis- as are provided in advance in appropriations (B) agreeing to periodically disclose on the cal year limitation, not more than $60,000,000 for Acts. IFC Web site a listing of the name, location, and payment by the Secretary of the Treasury. ‘‘(B) LIMITATIONS ON AUTHORIZATION OF AP- sector of high-risk subprojects supported by IFC ‘‘(c) In this section, the term ‘Multilateral PROPRIATIONS.—In order to pay for the increase investments through private equity funds. Debt Relief Initiative’ means the proposal set in the United States subscription to the Bank (b) REPORT.—Not later than 180 days after en- out in the G8 Finance Ministers’ Communique´ under subsection (A), there are authorized to be actment of this Act and every 6 months there- entitled ‘Conclusions on Development’, done at appropriated, without fiscal year limitation, up after until September 30, 2013, the Secretary of London, June 11, 2005, and reaffirmed by G8 to $1,252,331,952 for payment by the Secretary of the Treasury shall submit to the Committees on Heads of State at the Gleneagles Summit on July the Treasury.’’. Appropriations a report detailing the extent to 8, 2005.’’. which each institution has continued to make REFORMS RELATED TO GENERAL CAPITAL AUTHORITY FOR THE FUND FOR SPECIAL progress on each policy goal listed in subsection INCREASES OPERATIONS (a). SEC. 7084. Up to $36,000,000 of funds appro- SEC. 7082. (a) REFORMS.—Funds appropriated AUTHORITY FOR REPLENISHMENTS by this Act may not be disbursed for a United priated for the account ‘‘Department of the SEC. 7083. (a) INTERNATIONAL DEVELOPMENT States contribution to the general capital in- Treasury, Debt Restructuring’’ by the Full-Year ASSOCIATION.—The International Development creases of the International Bank for Recon- Continuing Appropriations Act, 2011 (Public Association Act, Public Law 86–565, as amended struction and Development (World Bank), the Law 112–10, Division B) may be made available (22 U.S.C. 284 et seq.), is further amended by African Development Bank (AfDB), or the for the United States share of an increase in the adding at the end thereof the following new sec- Inter-American Development Bank (IDB) until resources of the Fund for Special Operations of tions: the Secretary of the Treasury reports to the the Inter-American Development Bank in fur- Committees on Appropriations that such institu- ‘‘SEC. 26. SIXTEENTH REPLENISHMENT. therance of debt relief provided to Haiti in view tion, as appropriate, is making substantial ‘‘(a) The United States Governor of the Inter- of the Cancun Declaration of March 21, 2010. national Development Association is authorized progress toward the following— UNITED NATIONS POPULATION FUND to contribute on behalf of the United States (1) implementing specific reform commitments $4,075,500,000 to the sixteenth replenishment of SEC. 7085. (a) CONTRIBUTION.—Of the funds agreed to by the World Bank and the AfDB as the resources of the Association, subject to ob- made available under the heading ‘‘Inter- described in the Pittsburgh Leaders’ Statement taining the necessary appropriations. national Organizations and Programs’’ in this issued at the Pittsburgh G20 Summit in Sep- ‘‘(b) In order to pay for the United States con- Act for fiscal year 2012, $35,000,000 shall be tember 2009 concerning sound finances, effective tribution provided for in subsection (a), there made available for the United Nations Popu- management and governance, transparency and are authorized to be appropriated, without fis- lation Fund (UNFPA). accountability, focus on core mission, and re- cal year limitation, $4,075,500,000 for payment (b) AVAILABILITY OF FUNDS.—Funds appro- sults; by the Secretary of the Treasury. priated by this Act for UNFPA, that are not (2) implementing specific reform commitments ‘‘SEC. 27. MULTILATERAL DEBT RELIEF. made available for UNFPA because of the oper- agreed to by the IDB in Resolution AG–7/10 ‘‘(a) The Secretary of the Treasury is author- ation of any provision of law, shall be trans- ‘‘Report on the Ninth General Capital Increase ized to contribute, on behalf of the United ferred to the ‘‘Global Health Programs’’ account in the resources of the Inter-American Develop- States, not more than $474,000,000 to the Inter- and shall be made available for family plan- ment Bank’’ as approved by the Governors on national Development Association for the pur- ning, maternal, and reproductive health activi- July 12, 2010, including transfers of at least pose of funding debt relief cost under the Multi- ties, subject to the regular notification proce- $200,000,000 annually to a grant facility for lateral Debt Relief Initiative incurred in the pe- dures of the Committees on Appropriations. Haiti; riod governed by the sixteenth replenishment of (c) PROHIBITION ON USE OF FUNDS IN CHINA.— (3) implementing procurement guidelines that resources of the International Development As- None of the funds made available by this Act maximize international competitive bidding in sociation, subject to obtaining the necessary ap- may be used by UNFPA for a country program accordance with sound procurement practices, propriations and without prejudice to any fund- in the People’s Republic of China. including transparency, competition, and cost- ing arrangements in existence on the date of the (d) CONDITIONS ON AVAILABILITY OF FUNDS.— effective results for borrowers; enactment of this section. Funds made available by this Act for UNFPA (4) implementing best practices for the protec- ‘‘(b) In order to pay for the United States con- may not be made available unless— tion of whistleblowers from retaliation, includ- tribution provided for in subsection (a), there (1) UNFPA maintains funds made available ing best practices for legal burdens of proof, ac- are authorized to be appropriated, without fis- by this Act in an account separate from other cess to independent adjudicative bodies, results cal year limitation, not more than $474,000,000 accounts of UNFPA and does not commingle that eliminate the effects of retaliation, and for payment by the Secretary of the Treasury. such funds with other sums; and statutes of limitation for reporting retaliation; ‘‘(c) In this section, the term ‘Multilateral (2) UNFPA does not fund abortions. (5) requiring that each candidate for budget Debt Relief Initiative’ means the proposal set (e) REPORT TO CONGRESS AND DOLLAR-FOR- support or development policy loans provide an out in the G8 Finance Ministers’ Communique´ DOLLAR WITHHOLDING OF FUNDS.— assessment of reforms needed to budgetary and entitled ‘Conclusions on Development’, done at (1) Not later than 4 months after the date of procurement processes to encourage trans- London, June 11, 2005, and reaffirmed by G8 enactment of this Act, the Secretary of State parency, including budget publication and pub- Heads of State at the Gleneagles Summit on July shall submit a report to the Committees on Ap- lic scrutiny, prior to loan approval; 8, 2005.’’. propriations indicating the amount of funds (6) making publicly available external and in- (b) AFRICAN DEVELOPMENT BANK.—The Afri- that the UNFPA is budgeting for the year in ternal performance and financial audits of such can Development Fund Act, Public Law 94–302, which the report is submitted for a country pro- institution’s projects on the institution’s Web as amended (22 U.S.C. 290g et seq.), is further gram in the People’s Republic of China. site; amended by adding at the end thereof the fol- (2) If a report under paragraph (1) indicates (7) adopting policies concerning the World lowing new sections: that the UNFPA plans to spend funds for a Bank’s proposed Program for Results (P4R) to: ‘‘SEC. 221. TWELFTH REPLENISHMENT. country program in the People’s Republic of limit P4R to no more than 5 percent of annual ‘‘(a) The United States Governor of the Fund China in the year covered by the report, then World Bank lending as a pilot for a period of is authorized to contribute on behalf of the the amount of such funds the UNFPA plans to not less than two years; require that projects United States $585,000,000 to the twelfth replen- spend in the People’s Republic of China shall be with potentially significant adverse social or en- ishment of the resources of the Fund, subject to deducted from the funds made available to the vironmental impacts and projects that affect in- obtaining the necessary appropriations. UNFPA after March 1 for obligation for the re- digenous peoples are either excluded from P4R ‘‘(b) In order to pay for the United States con- mainder of the fiscal year in which the report is or subject to the World Bank’s own policies; re- tribution provided for in subsection (a), there submitted. quire that at the close of the pilot there will be are authorized to be appropriated, without fis- LIMITATIONS a thorough, independent evaluation, with input cal year limitation, $585,000,000 for payment by SEC. 7086. (a)(1) None of the funds appro- from civil society and the private sector, to pro- the Secretary of the Treasury. priated under the heading ‘‘Economic Support vide guidance concerning next steps for the ‘‘SEC. 222. MULTILATERAL DEBT RELIEF. Fund’’ in this Act may be made available for as- pilot; and fully staff the World Bank Group’s ‘‘(a) The Secretary of the Treasury is author- sistance for the Palestinian Authority if the Integrity Vice Presidency, with agreement from ized to contribute, on behalf of the United Palestinians obtain, after the date of enactment Borrowers on the World Bank’s jurisdiction and States, not more than $60,000,000 to the African of this Act, the same standing as member states authority to investigate allegations of fraud and Development Fund for the purpose of funding or full membership as a state in the United Na- corruption in any of the World Bank’s lending debt relief costs under the Multilateral Debt Re- tions or any specialized agency thereof outside programs including P4R; and lief Initiative incurred in the period governed by an agreement negotiated between Israel and the (8) concerning the World Bank, strengthening the twelfth replenishment of resources of the Af- Palestinians. the public availability of information regarding rican Development Fund, subject to obtaining (2) The Secretary of State may waive the re- International Finance Corporation (IFC) sub- the necessary appropriations and without preju- striction in paragraph (1) if the Secretary cer- projects when the IFC is funding a financial dice to any funding arrangements in existence tifies to the Committees on Appropriations that intermediary, including— on the date of the enactment of this section. to do so is in the national security interest of

VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00163 Fmt 7634 Sfmt 6333 E:\CR\FM\A15DE7.043 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9132 CONGRESSIONAL RECORD — HOUSE December 15, 2011 the United States, and submits a report to such General for Iraq Reconstruction for reconstruc- BILATERAL ECONOMIC ASSISTANCE Committees detailing how the waiver and the tion oversight, and $44,387,000 shall be for the FUNDS APPROPRIATED TO THE PRESIDENT continuation of assistance would assist in fur- Special Inspector General for Afghanistan Re- INTERNATIONAL DISASTER ASSISTANCE thering Middle East peace. construction for reconstruction oversight: Pro- (b)(1) The President may waive the provisions vided, That such amount is designated by the For an additional amount for ‘‘International of section 1003 of Public Law 100–204 if the Congress for Overseas Contingency Operations/ Disaster Assistance’’, $150,000,000, to remain President determines and certifies in writing to Global War on Terrorism pursuant to section available until September 30, 2013: Provided, the Speaker of the House of Representatives, the 251(b)(2)(A) of the Balanced Budget and Emer- That such amount is designated by the Congress President pro tempore of the Senate, and the gency Deficit Control Act of 1985. for Overseas Contingency Operations/Global War on Terrorism pursuant to section Committees on Appropriations that the Palestin- EDUCATIONAL AND CULTURAL EXCHANGE 251(b)(2)(A) of the Balanced Budget and Emer- ians have not, after the date of enactment of PROGRAMS this Act, obtained in the United Nations or any gency Deficit Control Act of 1985. specialized agency thereof the same standing as For an additional amount for ‘‘Educational TRANSITION INITIATIVES member states or full membership as a state out- and Cultural Exchange Programs’’, as author- ized, $15,600,000, to remain available until ex- For an additional amount for ‘‘Transition Ini- side an agreement negotiated between Israel and tiatives’’, $6,554,000, to remain available until the Palestinians. pended: Provided, That such amount is des- ignated by the Congress for Overseas Contin- September 30, 2013: Provided, That such amount (2) Not less than 90 days after the President is is designated by the Congress for Overseas Con- unable to make the certification pursuant to gency Operations/Global War on Terrorism pur- suant to section 251(b)(2)(A) of the Balanced tingency Operations/Global War on Terrorism subsection (b)(1), the President may waive sec- pursuant to section 251(b)(2)(A) of the Balanced tion 1003 of Public Law 100–204 if the President Budget and Emergency Deficit Control Act of 1985. Budget and Emergency Deficit Control Act of determines and certifies in writing to the Speak- 1985. er of the House of Representatives, the President EMBASSY SECURITY, CONSTRUCTION, AND COMPLEX CRISES FUND pro tempore of the Senate, and the Committees MAINTENANCE For an additional amount for ‘‘Complex Crises on Appropriations that the Palestinians have For an additional amount for ‘‘Embassy Secu- Fund’’, $30,000,000, to remain available until entered into direct and meaningful negotiations rity, Construction, and Maintenance’’, September 30, 2013: Provided, That such amount with Israel: Provided, That any waiver of the $33,000,000, to remain available until expended: is designated by the Congress for Overseas Con- provisions of section 1003 of Public Law 100–204 Provided, That such amount is designated by tingency Operations/Global War on Terrorism under paragraph (1) of this subsection or under the Congress for Overseas Contingency Oper- pursuant to section 251(b)(2)(A) of the Balanced previous provisions of law must expire before the ations/Global War on Terrorism pursuant to sec- Budget and Emergency Deficit Control Act of waiver under the preceding sentence may be ex- tion 251(b)(2)(A) of the Balanced Budget and 1985. ercised. Emergency Deficit Control Act of 1985. (3) Any waiver pursuant to this subsection ECONOMIC SUPPORT FUND INTERNATIONAL ORGANIZATIONS shall be effective for no more than a period of 6 For an additional amount for ‘‘Economic Sup- months at a time and shall not apply beyond 12 CONTRIBUTIONS TO INTERNATIONAL port Fund’’, $2,761,462,000, to remain available months after the enactment of this Act. ORGANIZATIONS until September 30, 2013: Provided, That such USE OF FUNDS IN CONTRAVENTION OF THIS ACT For an additional amount for ‘‘Contributions amount is designated by the Congress for Over- SEC. 7087. If the Executive Branch makes a to International Organizations’’, $101,300,000: seas Contingency Operations/Global War on determination not to comply with any provision Provided, That such amount is designated by Terrorism pursuant to section 251(b)(2)(A) of the of this Act on constitutional grounds, the head the Congress for Overseas Contingency Oper- Balanced Budget and Emergency Deficit Con- of the relevant Federal agency shall notify the ations/Global War on Terrorism pursuant to sec- trol Act of 1985. Committees on Appropriations in writing within tion 251(b)(2)(A) of the Balanced Budget and DEPARTMENT OF STATE Emergency Deficit Control Act of 1985. 5 days of such determination, the basis for such MIGRATION AND REFUGEE ASSISTANCE determination and any resulting changes to pro- RELATED AGENCY gram and policy. For an additional amount for ‘‘Migration and BROADCASTING BOARD OF GOVERNORS Refugee Assistance’’, $229,000,000, to remain TITLE VIII INTERNATIONAL BROADCASTING OPERATIONS available until September 30, 2013: Provided, OVERSEAS CONTINGENCY OPERATIONS/ For an additional amount for ‘‘International That such amount is designated by the Congress GLOBAL WAR ON TERRORISM Broadcasting Operations’’, $4,400,000: Provided, for Overseas Contingency Operations/Global DEPARTMENT OF STATE That such amount is designated by the Congress War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer- ADMINISTRATION OF FOREIGN AFFAIRS for Overseas Contingency Operations/Global War on Terrorism pursuant to section gency Deficit Control Act of 1985. DIPLOMATIC AND CONSULAR PROGRAMS 251(b)(2)(A) of the Balanced Budget and Emer- DEPARTMENT OF THE TREASURY (INCLUDING TRANSFER OF FUNDS) gency Deficit Control Act of 1985. INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For an additional amount for ‘‘Diplomatic RELATED PROGRAMS For an additional amount for ‘‘International and Consular Programs’’, $4,389,064,000, to re- Affairs Technical Assistance’’, $1,552,000, to re- main available until September 30, 2013, of UNITED STATES INSTITUTE OF PEACE main available until September 30, 2013, which which $236,201,000 is for Worldwide Security For an additional amount for ‘‘United States shall be available notwithstanding any other Protection and shall remain available until ex- Institute of Peace’’, $8,411,000, to remain avail- provision of law: Provided, That such amount is pended: Provided, That the Secretary of State able until September 30, 2013: Provided, That designated by the Congress for Overseas Contin- may transfer up to $230,000,000 of the total such amount is designated by the Congress for gency Operations/Global War on Terrorism pur- funds made available under this heading to any Overseas Contingency Operations/Global War suant to section 251(b)(2)(A) of the Balanced other appropriation of any department or agen- on Terrorism pursuant to section 251(b)(2)(A) of Budget and Emergency Deficit Control Act of cy of the United States, upon the concurrence of the Balanced Budget and Emergency Deficit 1985. the head of such department or agency, to sup- Control Act of 1985. INTERNATIONAL SECURITY ASSISTANCE port operations in and assistance for Afghani- UNITED STATES AGENCY FOR EPARTMENT OF STATE stan and to carry out the provisions of the For- INTERNATIONAL DEVELOPMENT D eign Assistance Act of 1961: Provided further, INTERNATIONAL NARCOTICS CONTROL AND LAW FUNDS APPROPRIATED TO THE PRESIDENT That such amount is designated by the Congress ENFORCEMENT for Overseas Contingency Operations/Global OPERATING EXPENSES For an additional amount for ‘‘International War on Terrorism pursuant to section For an additional amount for ‘‘Operating Ex- Narcotics Control and Law Enforcement’’, 251(b)(2)(A) of the Balanced Budget and Emer- penses’’, $255,000,000, to remain available until $983,605,000, to remain available until September gency Deficit Control Act of 1985. September 30, 2013: Provided, That such amount 30, 2013: Provided, That such amount is des- CONFLICT STABILIZATION OPERATIONS is designated by the Congress for Overseas Con- ignated by the Congress for Overseas Contin- For an additional amount for ‘‘Conflict Sta- tingency Operations/Global War on Terrorism gency Operations/Global War on Terrorism pur- bilization Operations’’, $8,500,000, to remain pursuant to section 251(b)(2)(A) of the Balanced suant to section 251(b)(2)(A) of the Balanced available until expended: Provided, That such Budget and Emergency Deficit Control Act of Budget and Emergency Deficit Control Act of amount is designated by the Congress for Over- 1985. 1985. seas Contingency Operations/Global War on OFFICE OF INSPECTOR GENERAL NONPROLIFERATION, ANTI-TERRORISM, DEMINING Terrorism pursuant to section 251(b)(2)(A) of the For an additional amount for ‘‘Office of In- AND RELATED PROGRAMS Balanced Budget and Emergency Deficit Con- spector General’’, $4,500,000, to remain available For an additional amount for ‘‘Nonprolifera- trol Act of 1985. until September 30, 2013: Provided, That such tion, Anti-terrorism, Demining and Related Pro- OFFICE OF INSPECTOR GENERAL amount is designated by the Congress for Over- grams’’, $120,657,000, to remain available until For an additional amount for ‘‘Office of In- seas Contingency Operations/Global War on September 30, 2013: Provided, That such amount spector General’’, $67,182,000, to remain avail- Terrorism pursuant to section 251(b)(2)(A) of the is designated by the Congress for Overseas Con- able until September 30, 2013, of which Balanced Budget and Emergency Deficit Con- tingency Operations/Global War on Terrorism $19,545,000 shall be for the Special Inspector trol Act of 1985. pursuant to section 251(b)(2)(A) of the Balanced

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Budget and Emergency Deficit Control Act of SEC. 8002. Unless otherwise provided for in DANIEL K. INOUYE, 1985. this Act, the additional amounts appropriated MARY LANDRIEU, PEACEKEEPING OPERATIONS by this title to appropriations accounts in this PATTY MURRAY, Act shall be available under the authorities and JACK REED, For an additional amount for ‘‘Peacekeeping conditions applicable to such appropriations ac- BEN NELSON, Operations’’, $81,000,000, to remain available counts. MARK PRYOR, until September 30, 2013: Provided, That such SEC. 8003. Funds appropriated by this title PATRICK J. LEAHY, amount is designated by the Congress for Over- under the headings ‘‘International Disaster As- KAY BAILEY HUTCHISON, seas Contingency Operations/Global War on sistance’’, ‘‘Transition Initiatives’’, ‘‘Complex LISA MURKOWSKI, Terrorism pursuant to section 251(b)(2)(A) of the Crises Fund’’, ‘‘Economic Support Fund’’, ‘‘Mi- ROY BLUNT, Balanced Budget and Emergency Deficit Con- gration and Refugee Assistance’’, ‘‘Inter- JOHN HOEVEN, trol Act of 1985. national Narcotics Control and Law Enforce- THAD COCHRAN. FUNDS APPROPRIATED TO THE PRESIDENT ment’’, ‘‘Nonproliferation, Anti-terrorism, Managers on the part of the Senate. FOREIGN MILITARY FINANCING PROGRAM Demining, and Related Programs’’, ‘‘Peace- JOINT EXPLANATORY STATEMENT OF For an additional amount for ‘‘Foreign Mili- keeping Operations’’, ‘‘Foreign Military Financ- THE COMMITTEE OF CONFERENCE tary Financing Program’’, $1,102,000,000, to re- ing Program’’, and ‘‘Pakistan Counterinsur- The managers on the part of the House and main available until September 30, 2013: Pro- gency Capability Fund’’, may be transferred to, Senate at the conference on the disagreeing vided, That such amount is designated by the and merged with, funds appropriated by this votes of the two Houses on the amendment Congress for Overseas Contingency Operations/ title under such headings: Provided, That such of the Senate to the bill (H.R. 2055) making Global War on Terrorism pursuant to section transfers shall be subject to the regular notifica- appropriations for military construction, the 251(b)(2)(A) of the Balanced Budget and Emer- tion procedures of the Committees on Appropria- Department of Veterans Affairs, and related gency Deficit Control Act of 1985. tions: Provided further, That the transfer au- agencies for the fiscal year ending september thority in this section is in addition to any PAKISTAN COUNTERINSURGENCY CAPABILITY FUND 30, 2012, and for other purposes, submit the transfer authority otherwise available under following joint statement to the House and (INCLUDING TRANSFER OF FUNDS) any other provision of law, including section 610 Senate in explanation of the effect of the ac- For necessary expenses to carry out the provi- of the Foreign Assistance Act which may be ex- tion agreed upon by the managers and rec- sions of chapter 8 of part I and chapters 2, 5, 6, ercised by the Secretary of State for the pur- ommended in the accompanying conference and 8 of part II of the Foreign Assistance Act of poses of this title. report. 1961 and section 23 of the Arms Export Control SEC. 8004. If authorized during fiscal year This conference agreement includes the Act, $850,000,000, to remain available until Sep- 2012, there shall be established in the Treasury Department of Defense Appropriations Act, tember 30, 2013, for the purpose of providing as- of the United States the ‘‘Global Security Con- 2012; the Energy and Water Development Ap- sistance for Pakistan to build and maintain the tingency Fund’’ (the Fund): Provided, That propriations Act, 2012; the Financial Services counterinsurgency capability of Pakistani secu- notwithstanding any provision of law, during and General Government Appropriations rity forces (including the Frontier Corps), to in- the current fiscal year, not to exceed $50,000,000 Act, 2012; the Department of Homeland Secu- clude program management, training in civil- from funds appropriated under the headings rity Appropriations Act, 2012; the Depart- military humanitarian assistance, human rights ‘‘International Narcotics Control and Law En- ment of the Interior, Environment, and Re- training, and the provision of equipment, sup- forcement’’, ‘‘Foreign Military Financing Pro- lated Agencies Appropriations Act, 2012; the plies, services, training, and facility and infra- gram’’, and ‘‘Pakistan Counterinsurgency Ca- Departments of Labor, Health and Human structure repair, renovation, and construction: pability Fund’’ under title VIII of this Act may Services, and Education, and Related Agen- Provided, That notwithstanding any other pro- be transferred to the Fund: Provided further, cies Appropriations Act, 2012; the Legislative vision of law except section 620M of the Foreign That this transfer authority is in addition to Branch Appropriations Act, 2012; the Mili- Assistance Act of 1961, as amended by this Act, any other transfer authority available to the tary Construction and Veterans Affairs and such funds shall be available to the Secretary of Department of State, and shall be subject to Related Agencies Appropriations Act, 2012; State, with the concurrence of the Secretary of prior consultation with the Committees on Ap- and the Department of State, Foreign Oper- Defense: Provided further, That such funds may propriations: Provided further, That the Sec- ations, and Related Programs Appropria- be transferred by the Secretary of State to the retary of State shall, not later than 15 days tions Act, 2012. Department of Defense or other Federal depart- prior to making any such transfer, notify the The conference agreement includes a pro- ments or agencies to support counterinsurgency Committees on Appropriations in accordance vision stating that each amount designated operations and may be merged with, and be with the regular notification procedures of the by Congress as being for Overseas Contin- available, for the same purposes and for the Committees on Appropriations, including the gency Operations/Global War on Terrorism is same time period as the appropriation or fund to source of funds and a detailed justification, im- contingent on the President so designating which transferred or may be transferred pursu- plementation plan, and timeline for each pro- all such amounts and transmitting such des- ant to the authorities contained in the Foreign posed project: Provided further, That, notwith- ignations to Congress. the provision is con- Assistance Act of 1961: Provided further, That standing any provision of law, the requirements sistent with new requirements enacted in the the Secretary of State shall, not fewer than 15 of this section, including the amount and source Budget Control Act of 2011 for Overseas Con- days prior to making transfers from this appro- of transferred funds, shall apply to any transfer tingency Operations/Global War on Ter- priation, notify the Committees on Appropria- or other authority relating to the Fund enacted rorism designations by the President. tions, in writing, of the details of any such subsequent to the enactment of this Act unless The conference agreement does not contain transfer: Provided further, That the Secretary of such subsequently enacted provision of law spe- any congressional earmarks, limited tax State shall submit not later than 30 days after cifically references this section. benefits, or limited tariff benefits as defined the end of each fiscal quarter to the Committees This division may be cited as the ‘‘Department by clause 9 of rule XXI of the Rules of the on Appropriations a report in writing summa- of State, Foreign Operations, and Related Pro- House of Representatives. rizing, on a project-by-project basis, the uses of grams Appropriations Act, 2012’’. DIVISION A—DEPARTMENT OF DEFENSE funds under this heading: Provided further, And the Senate agree to the same. APPROPRIATIONS ACT, 2012 That upon determination by the Secretary of HAROLD ROGERS, The conference agreement on the Depart- State, with the concurrence of the Secretary of C.W. BILL YOUNG, ment of Defense Appropriations Act, 2012, in- Defense, that all or part of the funds so trans- JERRY LEWIS, corporates some of the provisions of both the ferred from this appropriation are not necessary RODNEY P. House and the Senate versions of the bill. for the purposes herein, such amounts may be FRELINGHUYSEN, The language and allocations set forth in transferred by the head of the relevant Federal ROBERT B. ADERHOLT, House Report 112–110 and Senate Report 112– department or agency back to this appropriation JO ANN EMERSON, 77 shall be complied with unless specifically and shall be available for the same purposes KAY GRANGER, addressed to the contrary in the accom- and for the same time period as originally ap- MICHAEL K. SIMPSON, panying bill and explanatory statement. propriated: Provided further, That any required JOHN ABNEY CULBERSON, DEFINITION OF PROGRAM, PROJECT, AND notification or report may be submitted in classi- ANDER CRENSHAW, ACTIVITY fied form: Provided further, That the amount in DENNY REHBERG, The conferees agree that for the purposes this paragraph is designated by the Congress for JOHN R. CARTER, of the Balanced Budget and Emergency Def- Overseas Contingency Operations/Global War NORMAN D. DICKS, icit Control Act of 1985 (Public Law 99–177) as on Terrorism pursuant to section 251(b)(2)(A) of PETER J. VISCLOSKY, amended by the Balanced Budget and Emer- the Balanced Budget and Emergency Deficit NITA M. LOWEY, gency Deficit Control Reaffirmation Act of Control Act of 1985. JOSE´ E. SERRANO, 1987 (Public Law 100–119) and by the Budget ROSA L. DELAURO, GENERAL PROVISIONS Enforcement Act of 1990 (Public Law 101–508), JAMES P. MORAN, SEC. 8001. Notwithstanding any other provi- the terms program, project, and activity for DAVID E. PRICE, sion of law, funds appropriated in this title are appropriations contained in this Act shall be SANFORD D. BISHOP. in addition to amounts appropriated or other- defined as the most specific level of budget Managers on the part of the House. wise made available in this Act for fiscal year items identified in the Department of De- 2012. TIM JOHNSON, fense Appropriations Act, 2012, the related

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classified annexes and explanatory state- CONGRESSIONAL SPECIAL INTEREST ITEMS Appropriations Act, 2006. The Department ments, and the P–1 and R–1 budget justifica- Items for which additional funds have been shall continue to follow the limitation that tion documents as subsequently modified by provided as shown in the project level tables prior approval reprogrammings are set at ei- congressional action. The following excep- or in paragraphs using the phrase ‘‘only for’’ ther the specified dollar threshold or 20 per- tion to the above definition shall apply: for or ‘‘only to’’ are congressional special inter- cent of the procurement or research, devel- the military personnel and the operation and est items for purposes of the Base for Re- opment, test and evaluation line, whichever maintenance accounts, for which the term programming (DD Form 1414). Each of these is less. These thresholds are cumulative from ‘‘program, project, and activity’’ is defined items must be carried on the DD Form 1414 the base for reprogramming value as modi- as the appropriations accounts contained in at the stated amount, as specifically ad- fied by any adjustments. Therefore, if the the Department of Defense Appropriations dressed in these materials. combined value of transfers into or out of an Act. REPROGRAMMING GUIDANCE operation and maintenance (O–1), a procure- At the time the President submits the The Department of Defense is directed to ment (P–1), or a research, development, test budget for fiscal year 2013, the Department continue to follow the reprogramming guid- and evaluation (R–1) line exceeds the identi- of Defense is directed to transmit to the con- ance for acquisition accounts as specified in fied threshold, the Department of Defense gressional defense committees budget jus- the report accompanying the House version must submit a prior approval reprogram- tification documents to be known as the ‘‘M– of the fiscal year 2008 Department of Defense ming to the congressional defense commit- 1’’ and ‘‘O–1’’ which shall identify, at the Appropriations bill (H.R. 110–279). For oper- tees. In addition, guidelines on the applica- budget activity, activity group, and sub- ation and maintenance accounts, the Depart- tion of prior approval reprogramming proce- activity group level, the amounts requested ment of Defense shall continue to follow the dures for congressional special interest by the President to be appropriated to the reprogramming guidelines specified in the Department of Defense for military per- items are established elsewhere in this state- conference report accompanying H.R. 3222, sonnel and operation and maintenance in ment. the Department of Defense Appropriations any budget request, or amended budget re- Act, 2008, which are also expressed under FUNDING INCREASES quest, for fiscal year 2013. title II of this statement. The dollar thresh- In carrying out any Presidential sequestra- The funding increases outlined in the ta- old for reprogramming funds shall remain at tion, the Department of Defense and related bles for each appropriation account shall be $15,000,000 for operation and maintenance; agencies shall conform to the definition for provided only for the specific purposes indi- $20,000,000 for procurement; and $10,000,000 for ‘‘program, project, and activity’’ set forth cated in the tables. research, development, test and evaluation. above except that military personnel ac- Also, the Under Secretary of Defense TITLE I—MILITARY PERSONNEL counts will be exempt from sequestration per (Comptroller) is directed to continue to pro- the notification made by the Director of the vide the congressional defense committees The conference agreement provides Office of Management and Budget on August quarterly, spreadsheet-based DD Form 1416 $131,090,539,000 in Title I, Military Personnel, 10, 2011. reports for service and defense-wide accounts instead of $132,092,225,000 as proposed by the CLASSIFIED ANNEX in titles I, II, III, and IV of this Act. Reports House and $131,000,559,000 as proposed by the Adjustments to classified programs are ad- for titles III and IV shall comply with guid- Senate. The conference agreement on items ad- dressed in the accompanying classified ance specified in the explanatory statement dressed by either the House or the Senate is as annex. accompanying the Department of Defense follows:

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MILITARY PERSONNEL ANTI-DEFICIENCY ACT of the military personnel accounts, including dangerous wartime conditions. They should not VIOLATIONS recommendations for corrective actions to avoid be asked to endure personal financial hardships Since 2001, the Department of Defense has additional ADA violations going forward. This as a result of traveling to and from overseas de- had 11 violations of the Anti-Deficiency Act report should be submitted to the congressional ployments. (ADA) in its military personnel accounts. The defense committees not later than 180 days after Although the Department of Defense states conferees recognize the uncertainty that exists enactment of this Act. that it has the authority to pay for excess bag- in the military personnel accounts due to their RESERVE COMPONENT BUDGET STRUCTURE gage fees and to reimburse servicemembers for entitlement nature and the fact that resource re- The conferees direct each of the reserve com- any fees they have paid, the conferees firmly be- quirements are driven by millions of individual ponents to provide a semi-annual detailed report lieve that servicemembers should not be bur- and organizational personnel decisions. To fur- to the congressional defense committees showing dened with out-of-pocket expenses at all. The ther complicate management of these accounts, transfers between subactivities within the mili- conferees strongly encourage the Department to a significant number of obligations are incurred tary personnel appropriation accounts. Reports avoid entering into contract agreements with in the fourth quarter of the fiscal year. The con- shall be submitted not later than 30 days fol- airlines that charge excess baggage fees to ferees recognize the Department’s efforts to im- lowing the end of the second quarter and 30 servicemembers who are traveling on military or- prove the management and oversight of these days following the end of the fiscal year. ders and are being deployed to or returning from accounts, but remain concerned over the De- EXCESS BAGGAGE FEES FOR SERVICEMEMBERS overseas contingency operations. In addition, partment’s failure to adequately manage the The conferees are concerned by recent inci- the Secretary of Defense is directed to submit a military personnel budgets. dents in which servicemembers on military or- report to the congressional defense committees Therefore, the recommendation includes a new ders deploying to or returning from overseas not later than 90 days after enactment of this general provision requiring the Inspector Gen- contingency operations on commercial airlines Act on measures being taken that will prevent eral of the Department of Defense to conduct a have been charged excess baggage fees. In some servicemembers from having to pay out-of-pock- review of military personnel ADA violations and instances, servicemembers were asked to pay out et costs on checked baggage in such instances. their causes. Based on the findings of the re- of their own pockets for charges placed on MILITARY PERSONNEL, ARMY view, the Inspector General shall submit to the checked baggage carrying U.S. military equip- congressional defense committees a report exam- ment and not personal effects. Servicemembers The conference agreement on items addressed ining the Department’s budgeting and oversight make great sacrifices to serve their country in by either the House or the Senate is as follows:

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MILITARY PERSONNEL, NAVY The conference agreement on items addressed by either the House or the Senate is as follows:

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MILITARY PERSONNEL, MARINE CORPS The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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MILITARY PERSONNEL, AIR FORCE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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RESERVE PERSONNEL, ARMY The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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RESERVE PERSONNEL, NAVY The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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RESERVE PERSONNEL, MARINE CORPS The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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RESERVE PERSONNEL, AIR FORCE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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NATIONAL GUARD PERSONNEL, ARMY The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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NATIONAL GUARD PERSONNEL, AIR FORCE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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OPERATION AND MAINTENANCE dures for transfers in excess of $15,000,000 within the Department and improve inter- REPROGRAMMINGS into the following budget subactivity: agency coordination. Even with this The Secretary of Defense is directed to Operation and Maintenance, Army Na- progress, concerns remain that some activi- submit the Base for Reprogramming (DD tional Guard: ties being funded under IO/MISO and SC are Form 1414) for each of the fiscal year 2012 ap- Other personnel support/recruiting and ad- duplicative of, or operate at cross purposes propriation accounts not later than 60 days vertising with, other federal agencies’ efforts. As the after enactment of this Act. The Secretary With respect to Operation and Mainte- Secretary of Defense Memorandum dated of Defense is prohibited from executing any nance, Defense-Wide, proposed transfers of January 25, 2011 indicates, further refine- reprogramming or transfer of funds for any funds to or from the levels specified for de- ments are necessary to identify IO-related purpose other than originally appropriated fense agencies in excess of $15,000,000 shall be costs and develop standardized budgeting until the aforementioned report is submitted subject to prior approval reprogramming methodologies for SC and IO-related capa- to the House and Senate Appropriations procedures. bilities and activities, as well as MISO costs. Committees. OPERATION AND MAINTENANCE FUNDING FOR In an era of declining budgets, Department The Secretary of Defense is directed to use MILITARY TECHNICIANS of Defense funding for these activities must the normal prior approval reprogramming The House recommendation included ad- be fully captured and carefully reviewed to procedures to transfer funds in the Services’ justments to Army and Air Force Reserve ensure that each request meets a primary operation and maintenance accounts be- and National Guard operation and mainte- military requirement. tween O–1 budget activities in excess of nance accounts based on discrepancies in the The conference agreement does not provide $15,000,000. In addition, the Secretary of De- number of military technicians included in funds within the fiscal year 2012 base budget fense should follow prior approval re- the request. The conference agreement does for these activities, but instead continues programming procedures for transfers in ex- not include these adjustments; however, the funding them within title IX of this division. cess of $15,000,000 out of the following budget Department is directed to ensure consistency The conferees will consider transitioning the subactivities: in the number of military technicians in- funding for SC and IO/MISO programs to the Army: cluded in the request between the military base budget in fiscal year 2013 after a review Maneuver units personnel appropriations in the PB–31R Per- of the comprehensive budget requests for SC, Modular support brigades sonnel Summary exhibit and noted on the IO/MISO, and IO-related capabilities and ac- Land forces operations support OP–5 exhibit in the operation and mainte- tivities. Force readiness operations support nance appropriations in the future. Land forces depot maintenance The conferees reiterate the direction in- Base operations support STRATEGIC COMMUNICATIONS AND INFORMATION cluded in the House report requiring the Sec- Facilities Sustainment, Repair, and Mod- OPERATIONS/MILITARY INFORMATION SUPPORT retary of Defense to develop a format for im- ernization OPERATIONS proving the budget submission for these pro- Navy: The conference agreement includes grams in fiscal year 2013. The submission Aircraft depot maintenance $224,975,000 for Department of Defense infor- shall include, at a minimum, a delineation of Ship depot maintenance mation operations (IO)/military information all programs and activities, and the funding Facilities Sustainment, Repair, and Mod- support operations (MISO) programs, instead associated with each, for all SC and IO/MISO ernization of $176,575,000 as proposed by the House and programs within the Department of Defense. Marine Corps: $300,570,000 as proposed by the Senate. The The conferees further direct the Secretary of Depot maintenance budget request includes $120,570,000 in title II Defense to follow the direction in the House Facilities Sustainment, Repair, and Mod- and $180,000,000 in title IX. The conference report regarding execution reports for funds ernization agreement includes all funds for these activi- provided for these programs. Air Force: ties in title IX of this division as proposed by Primary combat forces ENERGY INDEPENDENCE AND SECURITY ACT Combat enhancement forces the House. Of the $120,570,000 requested in The conference agreement does not include Combat communications title II, the conference agreement includes Facilities Sustainment, Repair, and Mod- program reductions totaling $16,795,000 and a provision (House Section 10011) on the En- ernization transfers the remaining $103,775,000 to title ergy Independence and Security Act of 2007. During fiscal year 2012, the Air Force is re- IX. The allocation of funding by combatant The conferees note that the enforcement of quired to submit written notification and command and funding levels for certain pro- section 526 of the Energy Independence and justification to the congressional defense grams is specifically delineated in the classi- Security Act of 2007 may lead to higher fuel committees not later than 30 days prior to fied annex accompanying this Act. The con- costs for federal fleets in the absence of com- implementing transfers in excess of ferees direct that these delineations shall be petitively priced new generation fuels that $15,000,000 out of the following budget sub- considered congressional special interest emit fewer emissions. In carrying out this activities: items and be subject to normal reprogram- statute, the Secretary of Defense and the Operating forces depot maintenance ming procedures. Service Secretaries should work to ensure Mobilization depot maintenance The conferees agree that combatant com- that costs associated with fuel purchases Training and recruiting depot maintenance manders need the ability to effectively com- necessary to carry out the missions of their Administration and service-wide depot municate in their respective areas of respon- respective departments and agencies should maintenance sibility and provide adequate resources to be minimized to the extent possible under The transfer may be implemented 30 days support such military objectives. The con- the law. after congressional notification unless an ob- ferees appreciate the progress made by the OPERATION AND MAINTENANCE, ARMY jection is received from a congressional de- Office of the Secretary of Defense over the fense committee. past three years to define and consolidate The conference agreement on items ad- Finally, the Secretary of Defense should strategic communications (SC) and IO into a dressed by either the House or the Senate is follow prior approval reprogramming proce- more accountable and transparent structure as follows:

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OPERATION AND MAINTENANCE, NAVY The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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OVERHEAD COSTS AT NAVAL SHIPYARDS at Naval shipyards in fiscal year 2012, an ferees recommend that funding garnered amount equal to 33 percent of Naval shipyard from overhead savings be reapplied to ship One of the major themes of the Depart- funding. The conferees believe there are op- depot and intermediate maintenance in ment of Defense’s fiscal year 2012 budget sub- order to improve the readiness of the fleet. mission has been the generation of efficiency portunities to find Naval shipyard efficiency savings through reduced overhead and im- savings and direct the Secretary of the Navy OPERATION AND MAINTENANCE, MARINE CORPS proved business practices. However, the to carefully assess shipyard overhead costs The conference agreement on items ad- Navy’s own budget materials indicate a plan with a goal of identifying and eliminating all dressed by either the House or the Senate is to spend over $1,700,000,000 for overhead costs unnecessary overhead expenditures. The con- as follows:

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PERSONAL PROTECTIVE EYEWEAR rine Corps’ personal protective eyewear. OPERATION AND MAINTENANCE, AIR FORCE However, the conferees remain committed to The conferees do not agree to the reporting The conference agreement on items ad- ensuring that the Marine Corps’ acquisition dressed by either the House or the Senate is requirements carried in the Senate report program and its performance meet the stand- as follows: accompanying the Department of Defense ards and procedures required for these im- Appropriations Act, 2012 regarding the Ma- portant protective devices.

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VISIBILITY OF DEPOT MAINTENANCE FUNDING must be discretely visible and fully justified. ed data in the required format to achieve full Air Force officials have provided assurances cost visibility and proper accounting of All depot maintenance funding contained depot maintenance funding in the future. in the Air Force’s fiscal year 2012 budget re- that contracts will be modified as necessary quest has been identified, consolidated, and to include specific accounting of depot main- OPERATION AND MAINTENANCE, DEFENSE-WIDE displayed in the Depot Maintenance Sub- tenance costs and that implementation of The conference agreement on items ad- activity Group. In fiscal year 2013, all depot the Air Force’s Next Generation Contractor dressed by either the House or the Senate is maintenance funds requested in the budget Logistics Support concept will provide need- as follows:

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OPERATION AND MAINTENANCE, ARMY RESERVE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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OPERATION AND MAINTENANCE, NAVY RESERVE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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OPERATION AND MAINTENANCE, AIR FORCE RESERVE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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UNITED STATES COURT OF APPEALS FOR THE ENVIRONMENTAL RESTORATION, AIR FORCE ment and budgetary outlook. For example, ARMED SERVICES The conference agreement provides 10 USC 1705 mandates annual funding floors The conference agreement provides $525,453,000 for Environmental Restoration, for the DAWDF—floors that exceed $13,861,000 for the United States Court of Ap- Air Force, as proposed by both the House and $1,000,000,000 in the outyears. The conferees peals for the Armed Services, as proposed by the Senate. believe that these floors may need to be ad- both the House and the Senate. ENVIRONMENTAL RESTORATION, DEFENSE-WIDE justed and direct the Secretary of Defense to provide recommendations for appropriate ENVIRONMENTAL RESTORATION The conference agreement provides funding levels to the congressional defense The conference agreement provides $10,716,000 for Environmental Restoration, committees not later than 180 days after en- $1,517,363,000 for the Environmental Restora- Defense-Wide, as proposed by both the House actment of this Act. Second, the conferees tion program, as proposed by the Senate, in- and the Senate. are aware that the Department has not yet stead of $1,467,363,000 as proposed by the ENVIRONMENTAL RESTORATION, FORMERLY completed competency assessments for all of House. USED DEFENSE SITES the functional areas that compose this work- CONTRACT OVERSIGHT AND TRANSPARENCY The conference agreement provides force, which suggests the ability to assess The conferees are pleased that the adop- $326,495,000 for Environmental Restoration, the full range of required competencies with- tion of performance-based contracting has Formerly Used Defense Sites, as proposed by in the workforce may be limited. Having led to increased efficiencies within the De- the Senate, instead of $276,495,000 as proposed these assessments completed is essential to partment of Defense Environmental Restora- by the House. understanding how best to prioritize future tion program. However, improved oversight NATIONAL CAPITAL REGION ENVIRONMENTAL hiring and to optimize workforce training. and management would bring even greater HEALTH STUDY The conferees direct the Secretary of De- benefits. The conferees direct the Secretary The conferees encourage the Secretary of fense to publish a revised strategic Human of Defense to implement measures to im- Defense to support both new and ongoing Capital Plan Update for the defense acquisi- prove management of the program and to in- public health scoping studies of densely pop- tion workforce not later than August 1, 2012, stitute a process by which better oversight ulated residential communities located on or detailing future workforce needs. In so can be conducted of the contracting process near formerly used defense sites that have doing, the conferees expect the Secretary to and progress of cleanup. conducted research and tested chemical ensure that competency assessments for all Additionally, included as part of the De- agents, equipment, and munitions. functional areas that make up the defense fense Environmental Program’s Annual Re- acquisition workforce are completed, using port to Congress, the Secretary of Defense is OVERSEAS HUMANITARIAN, DISASTER, AND DAWDF resources to facilitate this task if directed to provide the following informa- CIVIC AID necessary. tion: the amount of environmental restora- The conference agreement provides To assist in the Human Capital Plan Up- tion funding provided to each installation $107,662,000 for Overseas Humanitarian, Dis- date, the conferees direct the Comptroller during the previous year as well as the sub- aster, and Civic Aid, as proposed by both the General to report on the funding mecha- sequent reduction in the projected cost-to- House and the Senate. nisms and statutory limits established for complete at that installation, a listing along COOPERATIVE THREAT REDUCTION ACCOUNT the DAWDF through Section 852 of the Na- with explanation of those installations The conference agreement provides tional Defense Authorization Act, 2008 and where the cost-to-complete is not reduced by $508,219,000 for the Cooperative Threat Re- codified by 10 USC 1705 to the congressional the corresponding amount of monetary in- duction Account, as proposed by both the defense committees not later than 180 days vestment, a detailed justification regarding House and the Senate. after enactment of this Act. The current any increase of ten percent or more in the statute should be revisited in the near term. projected cost-to-complete from the previous DEPARTMENT OF DEFENSE ACQUISITION Absent this, the Department will be forced year at an installation, and a detailed jus- WORKFORCE DEVELOPMENT FUND either to over-commit precious resources or tification for any installation in which the The conference agreement provides violate the law, neither of which is an ac- projected ‘‘response complete’’ date has been $105,501,000 for the Department of Defense ceptable option. Therefore, the Comptroller delayed by a year or more from the previous Acquisition Workforce Development Fund General report should include recommenda- year. (DAWDF), as proposed by the House, instead tions to improve the overall funding process ENVIRONMENTAL RESTORATION, ARMY of $175,501,000 as proposed by the Senate, a reduction of $200,000,000 below the request. for the DAWDF. The conference agreement provides Along with the funding reduction due to TITLE III—PROCUREMENT $346,031,000 for Environmental Restoration, carryover from large unobligated balances Army, as proposed by both the House and the for the past several years, the conferees be- The conference agreement provides Senate. lieve the Department should reassess further $104,579,701,000 in Title III, Procurement, in- ENVIRONMENTAL RESTORATION, NAVY growth of its acquisition workforce in light stead of $107,581,474,000 as proposed by the The conference agreement provides of two considerations. First, the goal of House and $102,118,282,000 as proposed by the $308,668,000 for Environmental Restoration, 147,000 personnel set forth in the 2010 Human Senate. The conference agreement on items Navy, as proposed by both the House and the Capital Plan Update should be revisited con- addressed by either the House or the Senate Senate. sidering today’s uncertain fiscal environ- is as follows:

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SPECIAL INTEREST ITEMS identified threshold, the Department of De- viously procured aircraft. The conferees en- Items for which additional funds have been fense must submit a prior approval re- courage the Joint Strike Fighter Team to re- provided as shown in the project level tables programming to the congressional defense view processes and oversight of concurrency or in paragraphs using the phrase ‘‘only for’’ committees. In addition, guidelines on the changes and establish a process that will re- or ‘‘only to’’ in this report are congressional application of prior approval reprogramming duce the time it takes to discover a problem, special interest items for the purpose of the procedures for congressional special interest develop a solution, and implement this solu- Base for Reprogramming (DD Form 1414). items are established elsewhere in this state- tion to reduce future concurrency change Each of these items must be carried on the ment. costs. DD Form 1414 at the stated amount specifi- REPROGRAMMING REPORTING REQUIREMENTS The conferees recognize that, for a variety cally addressed in the explanatory state- The conferees direct the Under Secretary ment. of reasons, the Joint Strike Fighter program of Defense (Comptroller) to continue to pro- is burdened with what could be the highest REPROGRAMMING GUIDANCE FOR ACQUISITION vide the congressional defense committees level of concurrency ever seen in an acquisi- ACCOUNTS quarterly, spreadsheet-based DD Form 1416 tion program. Therefore, the conferees direct The conferees direct the Department of De- reports for Service and defense-wide ac- the Secretary of Defense to provide a semi- fense to continue to follow the reprogram- counts in titles III and IV of this Act as re- annual report to the congressional defense ming guidance specified in the report accom- quired in the explanatory statement accom- committees that shows the actual con- panying the House version of the fiscal year panying the Department of Defense Appro- currency costs for the Joint Strike Fighter 2006 Department of Defense Appropriations priations Act, 2006. program. The report showing these actual bill (H.R. 109–119). Specifically, the dollar JOINT STRIKE FIGHTER concurrency costs shall be made available to threshold for reprogramming funds will re- the Director, Cost Assessment and Program main at $20,000,000 for procurement and The conference agreement reduces the Evaluation for the purposes of cost esti- $10,000,000 for research, development, test budget request by $151,000,000 for the pro- mating and to develop lessons learned from and evaluation. The Department shall con- curement of one F–35A Conventional Take- tinue to follow the limitation that prior ap- off and Landing aircraft, by $94,500,000 for ad- allowing programmatic concurrency, so this proval reprogrammings are set at either the vance procurement of Conventional Take-off cost can be considered when decisions are specified dollar threshold or 20 percent of the and Landing aircraft, and by $109,000,000 for made regarding allowing such a high degree procurement or research, development, test advance procurement of Carrier Variant air- of concurrency in future programs. and evaluation line, whichever is less. These craft. Additionally, the conferees are con- AIRCRAFT PROCUREMENT, ARMY thresholds are cumulative. Therefore, if the cerned with the cost of concurrency changes combined value of transfers into or out of a on the Joint Strike Fighter program and The conference agreement on items ad- procurement (P–1) or research, development, provide $100,000,000 to help offset the cost of dressed by either the House or the Senate is test and evaluation (R–1) line exceeds the concurrency for lot six aircraft and pre- as follows:

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00258 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.053 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1336 here EH15DE11.069 December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9227 MISSILE PROCUREMENT, ARMY The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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M1 TANK Abrams Upgrade Program in fiscal year 2012. Secretary of the Army to provide a report The conferees are aware that the Army has The House proposed a funding increase of not later than 60 days after enactment of been reviewing alternative courses of action $272,000,000 and the Senate proposed a fund- this Act on the plan for the use of the addi- for future tank production. Options have ing increase of $240,000,000. The conference tional funds, including the plan to sustain been studied ranging from a temporary shut- agreement provides an additional amount of tank production. down and storage of facilities to adding $255,000,000 above the President’s request to PROCUREMENT OF AMMUNITION, ARMY funds to the tank program in order to main- continue upgrading M1 tanks to the tain a steady flow of new tanks and a ready M1A2SEP variant. The additional funding The conference agreement on items ad- capacity in case of urgent need. Both the supports production of 42 additional dressed by either the House or the Senate is House and the Senate added funds for the M1A2SEP tanks. The conferees direct the as follows:

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00269 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1348 here EH15DE11.077 H9238 CONGRESSIONAL RECORD — HOUSE December 15, 2011 OTHER PROCUREMENT, ARMY The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00273 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1352 here EH15DE11.080 H9242 CONGRESSIONAL RECORD — HOUSE December 15, 2011

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00277 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1356 here EH15DE11.084 H9246 CONGRESSIONAL RECORD — HOUSE December 15, 2011

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00279 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1358 here EH15DE11.086 H9248 CONGRESSIONAL RECORD — HOUSE December 15, 2011

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MQ–8 UNMANNED AERIAL VEHICLE were unclear about the MQ–8 model to be ious missions the aircraft is expected to con- procured, the conferees understand that the duct. The conference agreement provides $191,986,000 for the procurement of 12 MQ–8 Navy will actually procure the longer range WEAPONS PROCUREMENT, NAVY unmanned aerial vehicles and associated MQ–8C variant. The conferees fully support The conference agreement on items ad- support equipment. Although the budget jus- this decision as the longer range will provide dressed by either the House or the Senate is tification materials provided by the Navy greater operational flexibility for the var- as follows:

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00291 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1371 here EH15DE11.096 H9260 CONGRESSIONAL RECORD — HOUSE December 15, 2011 PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00293 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1373 here EH15DE11.097 H9262 CONGRESSIONAL RECORD — HOUSE December 15, 2011

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00295 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1375 here EH15DE11.099 H9264 CONGRESSIONAL RECORD — HOUSE December 15, 2011 SHIPBUILDING AND CONVERSION, NAVY The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00297 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1377 here EH15DE11.100 H9266 CONGRESSIONAL RECORD — HOUSE December 15, 2011

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00303 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1383 here EH15DE11.105 H9272 CONGRESSIONAL RECORD — HOUSE December 15, 2011

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00305 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1385 here EH15DE11.107 H9274 CONGRESSIONAL RECORD — HOUSE December 15, 2011

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00307 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.054 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1387 here EH15DE11.109 H9276 CONGRESSIONAL RECORD — HOUSE December 15, 2011

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PROCUREMENT, MARINE CORPS The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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AIRCRAFT PROCUREMENT, AIR FORCE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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RETIREMENT OF B–1 AIRCRAFT capabilities. The Air Force proposed to rein- larger portion of savings realized from B–1 vest less than 40 percent of the savings from aircraft retirements, to the extent author- The fiscal year 2012 budget request in- aircraft retirements in the B–1 moderniza- ized by law, in the sustainment and mod- cludes a proposal to retire six B–1 bomber tion program across the Future Years De- ernization of the B–1 fleet. aircraft. The conferees understand that the fense Program. The conferees are concerned MISSILE PROCUREMENT, AIR FORCE B–1 fleet continues to operate almost con- that premature retirement of six B–1 aircraft stantly over Afghanistan in support of troops could negatively impact long-range strike The conference agreement on items ad- on the ground and that the B–1 is a critical capabilities. Therefore, the conferees direct dressed by either the House or the Senate is component of the Nation’s long-range strike the Secretary of the Air Force to reinvest a as follows:

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SPACE ACQUISITION AND THE EVOLUTIONARY Further, the conferees direct the Secretary In addition, the conferees reiterate their ACQUISITION FOR SPACE EFFICIENCY ACTIVITIES of the Air Force to include the detailed budg- opposition to using advance appropriations The conferees continue to support block et definition for each of the CAIP efforts in for procurement of satellites and recommend buys of satellites that are evolved from pre- the R–3 documents for the fiscal year 2013 that an alternative concept be proposed in vious designs as described in the ‘‘Evolution- and future budget submissions. The con- future budget submissions. ferees also direct that not more than the ary Acquisition for Space Efficiency Finally, the conferees are disappointed specified amounts shall be obligated for the (EASE)’’ concept. However, the conferees re- that it took the Department of Defense over main concerned that the details associated AEHF CAIP/Space Modernization Initiative two years to develop a 15–year space stra- with the technology insertion program are unless the Secretary of the Air Force noti- tegic plan. It is the intention of the con- missing in the budget justification material. fies the congressional defense committees in ferees that such plans be regularly developed Therefore, the conferees direct that of the writing 15 days prior to the obligation of funds appropriated for the Advanced Ex- funds which exceeds the following amounts: and updated; therefore, the conferees direct tremely High Frequency (AEHF) system Ca- $28,300,000 for cryptology parts obsolescence; that the next 15–year space strategic plan be pabilities/Affordability Insertion Program $20,000,000 for radiation hardened parts tech- delivered with the fiscal year 2014 budget (CAIP), no more than 50 percent shall be nologies; $3,200,000 for remotely piloted air- submission. available for obligation until the Secretary craft concept definition; $58,700,000 for pro- PROCUREMENT OF AMMUNITION, AIR FORCE of the Air Force submits a report to the con- tected military satellite communications gressional defense committees on the indi- (MILSATCOM) designs for affordability; The conference agreement on items ad- vidual CAIP efforts with a description of the $7,000,000 for hosted payloads; and $25,000,000 dressed by either the House or the Senate is technology insertion plans being pursued. for MILSATCOM architecture and support. as follows:

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OTHER PROCUREMENT, AIR FORCE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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PROCUREMENT, DEFENSE-WIDE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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SM–3 BLOCK IB MISSILE after submission of a report by the Com- LONG TERM CONTRACTS The fiscal year 2012 budget request in- mander, Special Operations Command to the The conferees believe that the time and cludes $565,393,000 for the procurement of congressional defense committees describing money being invested by the Department of SM–3 Block IB missiles in support of Aegis how the funds will be used to support the Defense in biofuels and alternative energy Ballistic Missile Defense. The conferees have AvFID or the non-standard aviation (NSAV) will reap dividends not only for the Nation’s been informed by the Missile Defense Agency missions, a summary of AvFID and NSAV armed forces, but eventually for the Nation (MDA) that following a recent flight test funding contained in the fiscal year 2013 itself. The conferees want the Department to failure, those funds are partially ahead of budget request and the Future Years Defense be in the best position possible to take ad- need. The conferees have also been informed Program, and an analysis of alternatives vantage of the expected breakthroughs in that funding is required for a failure review used to justify the described program. The this area and encourage the Department to of the SM–3 Block IB, sustainment of the in- report shall be submitted not later than Feb- eventually pursue extended multi-year con- dustrial base, and the procurement of SM–3 ruary 15, 2012. tracts, pursuant to the Financial Manage- Block IA missiles before SM–3 Block IB mis- DEFENSE PRODUCTION ACT PURCHASES ment Regulation, for biofuels products in siles will be procured. The conferees under- The conference agreement on items ad- order to maximize efficiencies of scale for stand that the details of the specific funding the best purchase price. requirements are currently being analyzed dressed by either the House or the Senate is by MDA and direct MDA to submit a prior as follows: ADDITIONAL FUNDING approval reprogramming request prior to The conferees recognize the critical role executing funds from this line. EXPLANATION OF PROJECT LEVEL ADJUSTMENTS the Defense Production Act program serves SPECIAL OPERATIONS COMMAND AVIATION [in thousands of dollars] in strengthening the Nation’s industrial FOREIGN INTERNAL DEFENSE base. Therefore, the conferees provide Budget The conferees are aware of ongoing reviews P–1 request Conference $150,000,000 over the budget request to supple- of the proposed expansion of the Aviation ment this important program. As stated in Foreign Internal Defense (AvFID) mission in DEFENSE PRODUCTION ACT: the Senate report, the conferees direct the GALLIUM NITRIDE RADAR AND ELECTRONIC the Special Operations Command. While WARFARE MONOLITHIC MICROWAVE INTE- Under Secretary of Defense (Acquisition, these reviews are not yet complete, the con- GRATED CIRCUITS ...... 8,373 8,373 Technology and Logistics) to award this ferees believe that the rapid expansion of GALLIUM NITRIDE ADVANCED ELECTRONIC funding to multiple projects using full and WARFARE MONOLITHIC MICROWAVE INTE- this mission, as proposed in the fiscal year GRATED CIRCUITS ...... 2,321 2,321 open competition and to notify the congres- 2012 budget request, must be tempered. The LITHIUM ION (LI ION) BATTERY PRODUCTION sional defense committees not later than 30 agreement contains reductions of $45,000,000 FOR SPACE ...... 770 770 days in advance of this funding being obli- CADMIUM ZINC TELLURIDE SUBSTRATE from procurement of AvFID fixed-wing air- PRODUCTION ...... 1,900 1,900 gated. craft, $10,000,000 from procurement of an READ OUT INTEGRATED CIRCUIT FOUNDRY TITLE IV—RESEARCH, DEVELOPMENT, AvFID rotary-wing aircraft simulator, and IMPROVEMENT AND SUSTAINABILITY ...... 1,200 1,200 SPACE QUALIFIED SOLAR CELL SUPPLY TEST AND EVALUATION $17,607,000 from operation and maintenance CHAIN ...... 600 600 for aircraft that will not deliver until fiscal TRAVELING WAVE TUBE AMPLIFIERS ...... 1,310 1,310 The conference agreement provides year 2013. The agreement fully funds the pro- COMPLEMENTARY METAL OXIDE SEMICON- $72,420,675,000 in Title IV, Research, Develop- curement of two AvFID rotary-wing aircraft DUCTOR FOCAL PLAN ARRAYS FOR VISI- ment, Test and Evaluation, instead of BLE SENSORS FOR STAR TRACKERS ...... 1,800 1,800 and associated support equipment. ADVANCED PROJECTS ...... 1,690 1,690 $72,983,469,000 as proposed by the House and The conferees direct that no funds provided PROGRAM INCREASE ...... 150,000 $71,033,956,000 as proposed by the Senate. The for fixed-wing Aviation Foreign Internal De- conference agreement on items addressed by TOTAL, DEFENSE PRODUCTION ACT ...... 19,964 169,964 fense aircraft may be obligated until 30 days either the House or the Senate is as follows:

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SPECIAL INTEREST ITEMS combined value of transfers into or out of a activities, the conferees direct the Com- Items for which additional funds have been procurement (P–1) or research, development, mander, United States Cyber Command, in provided as shown in the project level tables test and evaluation (R–1) line exceeds the coordination with the Secretary of Defense or in paragraphs using the phrase ‘‘only for’’ identified threshold, the Department of De- and each of the Service Secretaries, to pro- or ‘‘only to’’ in this report are congressional fense must submit a prior approval re- vide the congressional defense committees special interest items for the purpose of the programming to the congressional defense separate budget justification material, in Base for Reprogramming (DD Form 1414). committees. In addition, guidelines on the the form of the budget documents as defined Each of these items must be carried on the application of prior approval reprogramming in the Department’s own Financial Manage- DD Form 1414 at the stated amount specifi- procedures for congressional special interest ment Regulation, that details the year-to- cally addressed in the explanatory state- items are established elsewhere in this state- year budgets, schedule, and milestone goals ment. ment. over the Future Years Defense Program for REPROGRAMMING GUIDANCE FOR ACQUISITION REPROGRAMMING REPORTING REQUIREMENTS the individual programs that support the ACCOUNTS The conferees direct the Under Secretary goals of the cyber initiative. The programs detailed must include cyberspace operations, The conferees direct the Department of De- of Defense (Comptroller) to continue to pro- computer network operations, information fense to continue to follow the reprogram- vide the congressional defense committees assurance, and full spectrum cyber oper- ming guidance specified in the report accom- quarterly, spreadsheet-based DD Form 1416 ations for the Department of Defense and the panying the House version of the fiscal year reports for service and defense-wide accounts Services. 2006 Department of Defense Appropriations in titles III and IV of this Act as required in bill (H.R. 109–119). Specifically, the dollar the explanatory statement accompanying The conferees suggest that the Department threshold for reprogramming funds will re- the Department of Defense Appropriations continue to refine what activities, budget main at $20,000,000 for procurement and Act, 2006. lines, and programs should be considered $10,000,000 for research, development, test DEPARTMENT OF DEFENSE AND SERVICE CYBER cyber in order to better coordinate and track and evaluation. The Department shall con- ACTIVITIES these budgets. tinue to follow the limitation that prior ap- The conferees acknowledge the threat to RESEARCH, DEVELOPMENT, TEST AND proval reprogrammings are set at either the and from the cyber realm has been well docu- EVALUATION, ARMY specified dollar threshold or 20 percent of the mented; however, the resources being ex- procurement or research, development, test pended against the threat have not. In order The conference agreement on items ad- and evaluation line, whichever is less. These to better evaluate the planning and dressed by either the House or the Senate is thresholds are cumulative. Therefore, if the resourcing for Department of Defense cyber as follows:

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ARMY MODERNIZATION AND ACQUISITION FUTURE COMBAT SYSTEMS’ SYSTEM OF SYSTEMS The conferees note that the recommendation ENGINEERING AND PROGRAM MANAGEMENT fully funds the Analysis of Alternatives, as The conferees agree with the Army’s steps AND NETWORK INTEGRATION EVALUATION requested by the Army. Subsequently, after to improve acquisition processes through im- notification to the congressional defense plementation of the Decker-Wagner Army The conference agreement provides $298,872,000 for the Future Combat Systems’ committees, available funds may be applied Acquisition Review findings as well as intro- to expedite the acquisition effort. ducing other metrics and monthly reports to System of Systems Engineering and Pro- GROUND COMBAT VEHICLE enable and strengthen senior civilian over- gram Management, instead of $311,872,000 as sight across all Army modernization port- proposed by the House and $283,872,000 as pro- The conferees recommend $449,387,000 for folios. The conferees believe continued ac- posed by the Senate. The conferees note that the Ground Combat Vehicle, instead of quisition improvement is only achievable this line now funds the Army’s bi-annual $768,053,000 as proposed by the House and with a strong, stable acquisition workforce Network Integration Evaluations (NIE). The $240,387,000 as proposed by the Senate. The and therefore urge the Secretary of the conferees support the NIE and direct the conferees have been informed of a change to the acquisition strategy and note that the Army and the Secretary of Defense to guard Army to regularly update the congressional recommendation fully funds this revised against misguided efforts that shrink the ac- defense committees on the cost, schedule, strategy. quisition workforce as was done in the 1990s scope, and methods for the tests and other with disastrous results. The conferees also associated reviews to be accomplished in the ARMED SCOUT HELICOPTER believe that even with improvements in ac- NIE, as well as outcomes and findings. Addi- The conferees recommend no funding for quisition processes and a stable workforce, tionally, the conferees are aware of the sav- technology development of the Armed Scout these steps alone will not ensure that the ings the Army has achieved in Future Com- Helicopter (ASH), instead of $63,690,000 as Army will achieve its modernization objec- bat Systems termination costs and the lower proposed by the House and $4,761,000 as pro- tives. costs projected for the fiscal year 2012 NIE. posed by the Senate, because contrary to The conferees note that the continued use of plans submitted with the fiscal year 2012 After both the House and Senate Appro- the former ‘‘Future Combat Systems’’ termi- budget submission, the Army does not plan priations Committees completed their re- nology has become a counter-productive dis- to award a technology development contract views of the fiscal year 2012 budget request, traction and recommend updating program in fiscal year 2012. The conferees recommend the Army provided additional information descriptions to improve communications $15,000,000 for a flight demonstration of ASH for its top-ten priority programs. Of these among those who review and shape defense capabilities, as requested by the Army. The top-ten programs, six programs had under- appropriations and to more accurately re- conferees understand that this flight dem- gone significant acquisition strategy modi- flect the purpose for which appropriations onstration will occur in the spring of 2012, fications causing schedule and programmatic are requested. The conferees believe that and direct the Army to brief the congres- perturbations. As a result of these changes, funding requirements for the NIE should be sional defense committees in detail on the the Army identified over $1,000,000,000 from presented distinctly and separately in future outcome of this demonstration not later its original fiscal year 2012 budget request as budget submissions. than 30 days after its completion. excess to its funding requirements in fiscal JOINT LIGHT TACTICAL VEHICLE year 2012. Additionally, the Army notified ACTIVE AND SEMI-ACTIVE VEHICLE SUSPENSION COMPONENTS The budget request includes $243,940,000 the congressional defense committees of over within Army and Marine Corps accounts for $309,000,000 in excess funds from its budget The conferees are aware that the Army has begun the testing and development of active the development of the Joint Light Tactical request due to program terminations and re- Vehicle (JLTV). The JLTV program has un- quested transfers of over $282,000,000 among and semi-active vehicle suspension compo- nents with regenerative capabilities. The dergone significant changes since its incep- ten different programs. This magnitude of tion and the submission of the fiscal year conferees understand that this technology change in funding across a multitude of pro- 2012 budget request. The principal reason for may improve vehicle fuel efficiency and re- grams, identified after submitting the budg- the changes is the discovery that the plan to duce maintenance. Accordingly, the con- et only ten months prior, indicates a perva- acquire multiple variants of a limited num- ferees encourage the Army to continue the sive instability in Army programs. ber of vehicles with demanding performance testing and development of this technology While the conferees recognize that ten specifications would result in an and to fully explore the potential benefits for years of continuous war can force out-of- unaffordable program for both the Army and application across vehicle programs. cycle changes, the Army’s acquisition chal- Marine Corps. As a result, the program will lenges precede the post-September 11, 2001 SUPPORT FOR BASE REALIGNMENT AND CLOSURE now pursue a competitively-selected single war efforts. Since 1995, the Army has spent 2005 ACTIONS vehicle with a less complex design on a sig- $32,000,000,000 on development of 22 programs The conferees support actions taken by the nificantly accelerated timeline. that were eventually cancelled. The con- Army and the Defense Logistics Agency to The conferees are encouraged to see the ferees believe this history of programmatic fully fund the integration of their informa- Army and Marine Corps taking definitive ac- instability indicates a lack of focus and dis- tion technology systems in a timely manner tion to change their approach in evaluating cipline in the requirements generation proc- to support the 2005 Base Realignment and requirements, technology, key performance ess that must be corrected before the Army Closure (BRAC) Commission’s mandate to parameters, and costs as they apply to this will see any improvement in its ability to transfer re-procurement of depot level acquisition program. Continuing on the nine successfully modernize. Improvement must repairables. The conferees are aware that al- year path of studies, development, and test- ing to field a lightweight tactical vehicle begin with clearly documented, stable, and though the BRAC Commission determined that will carry four passengers and 3,500 affordable requirements. The conferees are the transfer has the potential to save mil- pounds of cargo onto the battlefield was un- aware that Army acquisition has taken on lions of dollars, the Government Account- ability Office has recently concluded that acceptable. the responsibility of vetting each require- Recognizing the renewed focus and ap- the savings are jeopardized by inadequate ment for technical maturity and afford- proach, the conference agreement provides up-front funding for BRAC implementation. ability prior to initiating a contract action, $87,300,000 in Research, Development, Test but the conferees are concerned that this is The conferees note that the Army’s Tank and Evaluation, Army and $46,700,000 in Re- a short-term correction to a larger institu- and Automotive Research, Development, and search, Development, Test and Evaluation, tional problem with the requirements gen- Engineering Command (TARDEC) manages Navy for continued JLTV development, in eration process. the repository of all ground vehicle technical accordance with revised estimates for the Furthermore, while the conferees con- data for the Army, and has built infrastruc- program. The conferees strongly encourage gratulate the Army on the success of the ture for use by all Army programs to store the Army and Marine Corps, in conjunction newly implemented Network Integration weapons system technical information, with the Under Secretary of Defense (Acqui- Evaluations, which ensure new equipment is drawings, and specifications. The conferees sition, Technology and Logistics), to exam- interoperable, effective, and adds benefit to urge that the TARDEC use funds available ine the feasibility of accelerating a competi- deployed troops, the process has revealed for this effort to assist in meeting the 2005 tion for production through more efficient that a handful of programs would not be ef- BRAC recommendation for depot-level re- testing and acquisition practices and by em- fective if deployed. The evaluations are caus- pairable transfer. bracing off-the-shelf technology dem- ing the Army to reevaluate, restructure, and ARMORED MULTI-PURPOSE VEHICLE onstrated by industry so that improved vehi- even terminate several programs that began The conferees recommend $14,300,000 for cles are delivered to the warfighter as soon years ago with established requirements. the Armored Multi-purpose Vehicle instead as possible. Accordingly, the Army and Ma- Thus, the conferees question the long-stand- of $31,400,000 as proposed by the House and no rine Corps are encouraged to acquire, test, ing requirements process that serves as the funding as proposed by the Senate. The con- and evaluate, as necessary, available off-the- foundation for Army modernization. There- ferees note that the requirement to find a re- shelf systems that meet the essential pro- fore, in addition to implementing changes placement for the M113 series of vehicles has gram requirements. identified in the Decker-Wagner Army Ac- received scant attention for too long. The RESEARCH, DEVELOPMENT, TEST AND quisition Review, the Secretary of the Army conferees believe that prompt and decisive EVALUATION, NAVY is encouraged to undertake a similar exam- action is needed to select and advance a The conference agreement on items ad- ination of the requirements generation proc- near-term solution rather than continuing a dressed by either the House or the Senate is ess. long-term search for the perfect solution. as follows:

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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE The conference agreement on items ad- dressed by either the House or the Senate is as follows:

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INTEGRATED AIRCREW ENSEMBLE flight suit. Given existing and prospective the KC–46A required in House Report 112–110 The conference agreement provides budget constraints, the conferees urge the on a quarterly basis, with the first report to $3,980,000 for the Integrated Aircrew Ensem- Air Force to proceed with the program in a be submitted not later than March 30, 2012. ble (IAE), a decrease of $2,000,000 below the requirements-focused and fiscally sustain- RESEARCH, DEVELOPMENT, TEST AND request. The conferees understand that the able manner. EVALUATION, DEFENSE-WIDE IAE will provide more fully integrated up- KC–46A grades to various flight safety gear and spe- The conference agreement on items ad- cial protections in unique threat environ- The conferees direct the Secretary of the dressed by either the House or the Senate is ments and is not a redesign of the current Air Force to submit the reports regarding as follows:

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DEFENSE ADVANCED RESEARCH PROJECTS nation of the Advanced SEAL Delivery Sys- MEDICAL COUNTERMEASURES INITIATIVE AGENCY tem and its successor, the Joint Multi-Mis- The conferees recommend $101,670,000, in- The conferees recommend a total of sion Submersible. The conferees note that stead of $151,670,000 as proposed by the House $166,122,000 in undistributed reductions unobligated prior year appropriations, com- and no funding as proposed by the Senate, throughout the Defense Advanced Research bined with funds provided in the Department for the Medical Countermeasures Initiative Projects Agency (DARPA). The conferees di- of Defense Appropriations Act, 2012, would (MCMI) System Development and Dem- rect the Director of DARPA to provide a re- allow the Special Operations Command onstration. The conferees support the pur- port to the congressional defense commit- (SOCOM) to award several commercial con- pose of the MCMI program but are concerned tees, not later than 60 days after enactment tracts to develop a Family of Systems to that synergies with other government pro- of this Act, detailing by program element meet its requirement. The conferees direct grams have not been sufficiently explored and project the application of each undis- the Commander, SOCOM to provide separate and that the government is creating slightly tributed reduction. cost estimates for the Technology Develop- distinct, yet largely redundant capabilities. PROMPT GLOBAL STRIKE ment and Engineering and Manufacturing Therefore, the conferees direct the Assistant The fiscal year 2012 budget request in- Development phases for each of the projects Secretary of Defense (Nuclear, Chemical, and cludes $204,824,000 to continue the Prompt in support of Undersea Mobility, as well as Biological Defense Programs) to continue ef- Global Strike program. The conferees rec- the estimated procurement costs, with the forts to reduce costs and program overlap. fiscal year 2013 budget submission. ommend $179,824,000, a reduction of 90NM NEXT GENERATION FOUNDRY $25,000,000, based on program delays caused ISRAELI COOPERATIVE PROGRAMS by two consecutive flight test failures of the The recommendation includes no funding for the requested 90nm Next Generation Hypersonic Technology Vehicle 2. The con- The fiscal year 2012 budget request in- Foundry, due to the lack of justification in ferees remain supportive of the Prompt Glob- cludes $106,100,000 to continue Israeli Cooper- support of the budget submission. However, al Strike program and direct that the reduc- ative Programs, a decrease of over the conferees recognize the criticality of en- tion not be applied to the Advanced $100,000,000 from amounts appropriated in fis- suring a safe and stable supply of microchips Hypersonic Weapon program, which just cal year 2011. The conferees find the request to the Department of Defense and will revisit completed a successful flight demonstration. insufficient and provide an additional this issue in the future. SPECIAL OPERATIONS COMMAND UNDERSEA $129,600,000 to address Israel’s security re- MOBILITY CONCEPTS quirements. Within this amount, $15,000,000 OPERATIONAL TEST AND EVALUATION, The fiscal year 2012 budget request in- shall be used only for the Low Rate Initial DEFENSE cludes $92,242,000 for several programs that Production activities as included in the Da- The conference agreement on items ad- are designed to collectively fill the capa- vid’s Sling Weapon System project agree- dressed by either the House or the Senate is bility gap that remains following termi- ment between the two governments. as follows:

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DEFENSE HEALTH PROGRAM gram, instead of $32,347,559,000 as proposed by items addressed either by the House or the The conference agreement provides the House and $32,536,070,000 as proposed by Senate is as follows: $32,482,059,000 for the Defense Health Pro- the Senate. The conference agreement on

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DEFENSE HEALTH PROGRAM REPROGRAMMING direct the Assistant Secretary of Defense cine. The funds shall not be used for new PROCEDURES (Health Affairs) to submit a detailed spend- projects or for basic research. The funding The conferees remain concerned over the ing plan for any fiscal year 2011 designated shall be awarded at the Department’s discre- transfer of funds from Direct (or In-house) carryover funds to the congressional defense tion following a review of medical research Care to pay for contractor-provided medical committees not fewer than 15 days prior to and development gaps, as well as unfinanced care. To limit such transfers and continue executing the carryover funds. medical requirements of the Services. Fur- oversight within the Defense Health Pro- PEER-REVIEWED CANCER RESEARCH PROGRAM ther, the conferees direct the Assistant Sec- gram operation and maintenance account, The conference agreement provides retary of Defense (Health Affairs) to provide the conferees include bill language which $12,800,000 for a Peer-Reviewed Cancer Re- a report not later than 120 days after enact- caps the funds available for Private Sector search Program that would research cancers ment of this Act to the congressional defense Care under the TRICARE program subject to not addressed in the breast, prostate, ovar- committees, which lists the projects that re- prior approval reprogramming procedures. ian, and lung cancer research programs cur- ceive funding. The report should include the The bill language and accompanying state- rently executed by the Department of De- amount of funding provided to each project ment language included by the conferees fense, and specifically by the U.S. Army and a thorough description of each project’s should not be interpreted by the Department Medical Research and Materiel Command. research. of Defense as limiting the amount of funds The funds provided are directed to be used PEER-REVIEWED MEDICAL RESEARCH PROGRAM that may be transferred to the Direct Care to conduct research in the following areas: System from other budget activities within melanoma and other skin cancers, pediatric The conference agreement provides the Defense Health Program. In addition, the brain tumors, genetic cancer research, pan- $50,000,000 for a Peer-Reviewed Medical Re- conferees continue to designate the funding creatic cancer, kidney cancer, blood cancer, search Program. The conferees direct the for the Direct Care System as a special inter- colorectal cancer, mesothelioma, and listeria Secretary of Defense, in conjunction with est item. Any transfer of funds from the Di- vaccine for infectious disease and cancer. the Service Surgeons General, to select med- rect (or In-house) Care budget activity into The funds provided under the Peer-Re- ical research projects of clear scientific the Private Sector Care budget activity or viewed Cancer Research Program shall only merit and direct relevance to military any other budget activity will require the be used for the purposes listed above. The health. Research areas considered under this Department of Defense to follow prior ap- Assistant Secretary of Defense (Health Af- funding are restricted to: arthritis, com- proval reprogramming procedures. fairs) is directed to provide a report not later posite tissue transplantation, drug abuse, The Department shall also provide written than 60 days after enactment of this Act to dystonia, epilepsy, food allergies, Fragile X notification to the House and Senate Appro- the congressional defense committees on the syndrome, hereditary angioedema, inflam- priations Committees of cumulative trans- status of the Peer-Reviewed Cancer Research matory bowel disease, interstitial cystitis, fers in excess of $15,000,000 out of the Private Program. For each research area, the report lupus, malaria, nanomedicine for drug deliv- Sector Care budget activity. The conferees should include the funding amount awarded, ery science, neuroblastoma, osteoporosis and further direct the Assistant Secretary of De- the progress of the research, and the rel- related bone disease, Paget’s disease, poly- fense (Health Affairs) to provide quarterly evance of the research for servicemembers cystic kidney disease, post-traumatic osteo- reports to the House and Senate Appropria- and their families. arthritis, scleroderma, tinnitus, and tuber- tions Committees on budget execution data JOINT WARFIGHTER MEDICAL RESEARCH culosis. The conferees emphasize that the ad- for all of the Defense Health Program ac- PROGRAM ditional funding provided under the Peer-Re- counts and to adequately reflect changes to The conference agreement provides viewed Medical Research Program shall be the budget activities requested by the Serv- $50,000,000 for the Joint Warfighter Medical devoted only to the purposes listed above. ices in future budget submissions. Research Program. Funds shall be used to CHEMICAL AGENTS AND MUNITIONS CARRYOVER augment and accelerate high priority De- DESTRUCTION, DEFENSE For fiscal year 2012, the conferees rec- partment of Defense and Service medical re- ommend one percent carryover authority for quirements and to continue prior year initia- The conference agreement on items ad- the operation and maintenance account of tives that are close to achieving their objec- dressed either by the House or the Senate is the Defense Health Program. The conferees tives and yielding a benefit to military medi- as follows:

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VerDate Mar 15 2010 12:46 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00415 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.102 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1507 here EH15DE11.189 H9384 CONGRESSIONAL RECORD — HOUSE December 15, 2011 TOOELE CHEMICAL AGENT DISPOSAL FACILITY EXPLANATION OF PROJECT LEVEL ADJUSTMENTS— budget. The agreement addresses the funding House Report 112–110 directs the Secretary Continued requirements of the Joint Improvised Explo- of Defense to submit a report to the congres- [In thousands of dollars] sive Device Defeat Organization in title IX. sional defense committees detailing the clo- OFFICE OF THE INSPECTOR GENERAL sure requirements and potential reuse of the Budget re- Conference The conference agreement on items ad- Tooele Chemical Agent Disposal Facility. quest dressed either by the House or the Senate is This report is no longer required. 9205 EUCOM Counternarcotics Oper- as follows: DRUG INTERDICTION AND COUNTER-DRUG ations Support ...... ¥2,000 ACTIVITIES, DEFENSE 9380 Young Marines—Drug Demand Reduction ...... 4,000 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS The conference agreement provides [In thousands of dollars] $1,209,620,000 for Drug Interdiction and JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT Counter-Drug Activities, Defense, instead of FUND Budget re- $1,208,147,000 as proposed by the House and quest Conference $1,205,072,000 as proposed by the Senate. The The conference agreement on items ad- conference agreement on items addressed ei- dressed either by the House or the Senate is OPERATION AND MAINTENANCE ...... 286,919 341,419 as follows: Program Increase ...... 54,500 ther by the House or the Senate is as follows: PROCUREMENT ...... 1,000 1,000 RESEARCH, DEVELOPMENT, TEST AND EVALUA- EXPLANATION OF PROJECT LEVEL ADJUSTMENTS TION ...... 1,600 4,500 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS Program Increase ...... 2,900 [In thousands of dollars] [In thousands of dollars] TOTAL, OFFICE OF THE INSPECTOR GENERAL ...... 289,519 346,919 Budget re- Budget re- Conference Line quest Conference quest TITLE VII—RELATED AGENCIES 4 STAFF AND INFRASTRUCTURE ...... 220,634 0 The conference agreement provides DRUG INTERDICTION & COUNTER-DRUG AC- ¥ TIVITIES ...... 1,156,282 1,209,620 Transfer to title IX ...... 220,634 $1,061,591,000 in Title VII, Related Agencies, PC: 2360 EUCOM Tactical Analysis Team TOTAL, JOINT IED DEFEAT FUND ..... 220,634 0 instead of $971,925,000 as proposed by the Support—Previously Denied New Start ...... ¥952 House and $1,107,413,000 as proposed by the 3217 Navy Counter-Drug Activities— The conference agreement does not rec- Senate. The conference agreement on items ROTHR—Transfer from OP,N line 89 ...... 2,290 7403 National Guard Counter-Drug ommend funding for the Joint Improvised addressed either by the House or the Senate Program State Plans ...... 50,000 Explosive Device Defeat Fund in the base is as follows:

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CLASSIFIED ANNEX 2010 Appropriations: Sidewinder ...... 2,900,000 Adjustments to classified programs are ad- 2010 Appropriations: Airborne Mine Neutral- dressed in a separate detailed and com- Aircraft Procurement, ization Systems ...... 9,949,000 prehensive classified annex. The Intelligence Army: Procurement of Ammuni- Community, Department of Defense, and Common Ground tion, Navy and Ma- other organizations are expected to fully Equipment ...... 5,100,000 rine Corps: comply with the recommendations and direc- Procurement of Weapons General Purpose Bombs 8,612,000 tions in the classified annex accompanying and Tracked Combat Intermediate Caliber the Department of Defense Appropriations Vehicles, Army: Gun Ammunition ..... 19,650,000 Act, 2012. Handgun ...... 3,379,000 Other Procurement, Lightweight .50 Caliber CENTRAL INTELLIGENCE AGENCY RE- Navy Machine Gun ...... 974,000 TIREMENT AND DISABILITY SYSTEM Reactor Power Units ... 6,700,000 Procurement of Ammuni- FUND Navy Multiband Ter- tion, Army: minal ...... 48,600,000 The conference agreement provides Artillery Fuzes, All $513,700,000 for the Central Intelligence Agen- Physical Security Types ...... 19,000,000 Equipment ...... 4,298,000 cy Retirement and Disability Fund, as pro- Scorpion, Intelligent posed by both the House and the Senate. Shipbuilding and Conver- Munitions Systems ... 2,674,000 sion, Navy: INTELLIGENCE COMMUNITY Other Procurement, Littoral Combat Ship MANAGEMENT ACCOUNT Army: AP ...... 110,351,000 The conference agreement provides Armored Security Ve- Aircraft Procurement, $547,891,000 for the Intelligence Community hicle ...... 13,000,000 Air Force: Lightweight Counter Management Account, instead of $458,225,000 C–130J AP ...... 30,000,000 Mortar Radar ...... 15,000,000 as proposed by the House and $593,713,000 as F–15 ...... 31,340,000 Installation Info Infra- proposed by the Senate. C–130 ...... 25,000,000 structure Mod Pro- TITLE VIII—GENERAL PROVISIONS B–2A (Multi Display gram ...... 5,800,000 The conference agreement incorporates Units) ...... 22,579,000 Special Equipment for general provisions from the House and Sen- T–38 ...... 18,600,000 User Testing ...... 17,000,000 ate versions of the bill which were not Explosive Ordnance C–37A ...... 11,731,000 amended. Those general provisions that were Disposal Equipment 5,347,000 C–40 ...... 10,475,000 addressed in conference follow: Items Less than $5 Mil- C–32A ...... 10,411,000 The conference agreement modifies a pro- lion (ENG SPT) ...... 2,500,000 Other Production vision proposed by the House and Senate Aircraft Procurement, Charges (NATO) ...... 17,000,000 which provides general transfer authority Navy: KC–10A (ATCA) ...... 4,100,000 not to exceed $3,750,000,000. P–8A ...... 90,000,000 B–52 ...... 1,733,000 The conference agreement retains a provi- Aircraft Procurement, Other Production sion proposed by the Senate which prohibits Air Force: Charges (MQ–1) ...... 37,244,000 the use of funds to demilitarize or dispose of C–130 ...... 17,471,000 Missile Procurement, Air certain small firearms. The House bill con- T–38 ...... 11,326,000 Force: tained a similar provision but made it per- KC–10A (ATCA) ...... 4,100,000 GPS III Space Segment 122,500,000 manent. Missile Procurement, Air SBIRS High (Space) AP 25,000,000 The conference agreement retains a provi- Force: JASSM ...... 46,400,000 sion proposed by the House concerning in- NPOESS ...... 3,889,000 Other Procurement, Air centive payments authorized by section 504 Other Procurement, Air Force: of the Indian Financing Act (25 U.S.C. 1544). Force: Tactical Air Control The Senate bill contained a similar provi- Global Combat Support Party Vehicular sion. System (DEAMS) ..... 12,200,000 Communication Sys- The conference agreement retains a provi- Procurement, Defense- tem ...... 26,949,000 sion proposed by the Senate which provides Wide: Global Combat Support funding from various appropriations for the Maritime Equipment System ...... 7,733,000 Civil Air Patrol Corporation. The House bill Modifications ...... 716,000 Combat Training contained a similar provision. 2011 Appropriations: Ranges ...... 3,700,000 The conference agreement retains a provi- Aircraft Procurement, sion proposed by the Senate related to fund- Theater Battle Man- Army: agement Command ing provided for Federally Funded Research Airborne Avionics ...... 21,500,000 and Development Centers. The House bill and Control System .. 1,000,000 Missile Procurement, Modular Aircrew Com- contained a similar provision. Army: The conference agreement retains a provi- mon Helmet ...... 6,217,000 Surface-Launched Special Update Pro- sion proposed by the House which provides AMRAAM System .... 99,800,000 that the Office of Economic Adjustment may gram ...... 2,972,000 Procurement of Weapons Joint Tactical Radio use funds made available under Operation and Tracked Combat and Maintenance, Defense-Wide to make System Ground Mo- Vehicles, Army: bile Radio ...... 4,297,000 grants and supplement other federal funds in Lightweight .50 Caliber accordance with guidance provided. The Sen- Procurement, Defense- Machine Gun ...... 18,834,000 Wide: ate bill contained no similar provision. Procurement of Ammuni- Contamination Avoid- The conference agreement retains a provi- tion, Army: ance ...... 1,626,000 sion proposed by the Senate which prohibits Artillery Fuzes, All Installation Force Pro- the conversion of any activity or function Types ...... 15,000,000 tection ...... 1,083,000 performed by civilian employees of the De- Other Procurement, Individual Protection .. 892,000 partment of Defense to contractor with Army certain exceptions. The House bill con- Armored Security Ve- Collective Protection .. 329,000 tained no similar provision. hicle ...... 80,000,000 Decontamination ...... 258,000 The conference agreement modifies a pro- Joint Tactical Radio Joint Bio Defense Pro- vision proposed by the House and the Senate System ...... 70,000,000 gram (Medical) ...... 124,000 recommending rescissions. The rescissions Lightweight Counter Research, Development, agreed to are: Mortar Radar ...... 80,000,000 Test and Evaluation, Army: (RESCISSIONS) BCT Unattended Ground Sensor ...... 14,636,000 FCS UAV ...... 16,700,000 2002 Appropriations: FCS UAV ...... 6,000,000 National Defense Sealift BCT Network ...... 74,000,000 Special Equipment for FCS Unattended Fund: Ground Sensors ...... 5,800,000 Ready Reserve Force ... $20,444,000 User Testing ...... 26,000,000 Manned Ground Vehi- 2003 Appropriations: Ground Soldier System 93,800,000 National Defense Sealift Aircraft Procurement, cle—GCV ...... 45,000,000 Fund: Navy: Joint Air-to-Ground Ready Reserve Force ... 8,500,000 P–8A ...... 55,000,000 Missile ...... 49,700,000 2004 Appropriations: F–18 Series ...... 23,000,000 Landmine Warfare Bar- National Defense Sealift Weapons Procurement, rier—Scorpion ...... 24,200,000 Fund: Navy: MLRS PIP—GMLRS Ready Reserve Force ... 6,500,000 Standard Missile Mods 21,427,000 AW ...... 5,700,000

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The Senate bill Test and Evaluation, Headquarters ...... 239,000 contained a similar provision. Navy: ISSP ...... 11,000,000 The conference agreement retains a provi- Common Mobile Air- Defense Health Program: sion proposed by the Senate which reduces crew Restraint Sys- Research, Develop- funding appropriated in Operation and Main- tem ...... 5,100,000 ment, Test and Eval- tenance, Army to reflect excess cash bal- Multi-Purpose Bomb uation ...... 257,000 ances in the Working Capital Funds. The Rack ...... 10,000,000 The conference agreement retains a provi- House bill contained no similar provision. FMU–164 Fuze ...... 19,671,000 sion proposed by the Senate for the procure- The conference agreement retains a provi- Retract Elm ...... 5,878,000 ment of ball and roller bearings, except for sion proposed by the Senate which requires Small Diameter Bomb 2,600,000 the purchase of ‘‘commercial items’’ as de- submission of a baseline for reprogramming Joint Air-to-Ground fined by section 4(12) of the Office of Federal at the project level. The House bill contained Missile ...... 7,400,000 Procurement Policy Act under certain limi- a similar provision which required submis- Navy Meteorological tations. The House bill contained a similar sion of the baseline at the subproject level. and Ocean Sensors— provision as defined by section 103 of title 41, The conference agreement modifies a pro- Space ...... 15,038,000 United States Code. vision proposed by the House establishing Research, Develop- The conference agreement retains a provi- prior approval reprogramming and transfer ment, Test and Eval- sion proposed by the House which prohibits procedures for National Intelligence Pro- uation, Air Force: ..... the use of funds to perform repairs or main- grams. The Senate bill contained no similar JSpOC Mission System 3,500,000 tenance of military family housing units. provision. Space Situational The Senate bill contained no similar provi- The conference agreement retains a provi- Awareness Systems .. 18,000,000 sion. sion proposed by the Senate which provides Agile Combat Support 2,800,000 The conference agreement retains a provi- for the transfer of funds by the Director of Joint Strike Fighter ... 85,000,000 sion proposed by the Senate concerning re- National Intelligence to other departments Joint Cargo Aircraft .... 7,750,000 porting requirements for any new start ad- and agencies for purposes of government- Evaluation and Anal- vanced concept technology demonstration wide information sharing activities. The ysis Program ...... 17,997,000 project or joint capability demonstration Special Evaluation House bill contained a similar provision. project. The House bill contained a similar The conference agreement retains a provi- System ...... 47,252,000 provision. Combined Advanced sion proposed by the Senate which provides The conference agreement retains a provi- Applications ...... 19,845,000 funds for transfer to the Joint Department of sion proposed by the House concerning a Defense Reconnais- Defense-Department of Veterans Affairs grant to the Fisher House Foundation, Inc. sance Support Activi- Medical Facility Demonstration Fund. The The Senate bill contained no similar provi- ties (SPACE) ...... 11,800,000 House bill contained a similar provision. sion. Tactical Air Control The conference agreement retains a provi- The conference agreement retains a provi- Party—Mod ...... 2,450,000 sion proposed by the House which extends sion proposed by the Senate which makes B–2 ...... 22,000,000 the period of time during which claims for AWACS ...... 19,700,000 available funds to reimburse the Department retroactive stop-loss special pay may be sub- Research, Development, of Homeland Security for costs associated mitted. The Senate bill contained no similar Test and Evaluation, with processing and adjudication of applica- provision. Defense-Wide: tions for naturalization. The House bill con- The conference agreement modifies a pro- DARPA Undistributed tained no similar provision. vision proposed by the House which places a Rescission ...... 126,589,000 The conference agreement retains a provi- limitation on the total number of Senior Ex- DARPA Defense Re- sion proposed by the Senate related to fund- ecutive Service employees in the Office of search Sciences ...... 1,827,000 ing for the Israeli Cooperative Defense pro- the Director of National Intelligence and re- DTRA Weapons of Mass grams. The House bill contained a similar quires submission of certain reports. The Destruction Defeat provision. Senate bill contained no similar provision. Technologies ...... 10,435,000 The conference agreement retains a provi- The conference agreement modifies a pro- DARPA Tactical Tech- sion proposed by the Senate regarding Fleet vision proposed by the House regarding Anti- nology ...... 10,084,000 Forces Command control of Navy forces as- Deficiency Act violations in the military DARPA Materials and signed to the Pacific and United States personnel accounts. The provision requires Biological Tech- Transportation Command operational and the Inspector General of the Department of nology ...... 1,000,000 administrative control of C–130 and KC–135 Defense to conduct a review of the violations DARPA Electronics forces assigned to the Pacific and European and make recommendations for corrective Technology ...... 500,000 Air Force Commands. The House bill con- actions to be implemented. The Senate bill DTRA Counterpro- tained a similar provision but did not in- contained no similar provision. liferation Initia- clude restrictions related to the Transpor- The conference agreement modifies a pro- tives—Proliferation tation Command. vision proposed by the House to provide Prevention and De- The conference agreement modifies a pro- grants through the Office of Economic Ad- feat ...... 11,950,000 vision proposed by the Senate regarding the justment to assist the civilian population of DARPA Classified Pro- transfer of funds provided within Research, Guam. The Senate bill contained no similar grams ...... 4,000,000 Development, Test and Evaluation, Army provision. DARPA Command, and Research, Development, Test and Eval- The conference agreement modifies a pro- Control, and Commu- uation, Air Force. The House bill contained vision proposed by the House regarding park- nications Systems .... 3,000,000 no similar provision. ing spaces provided by the BRAC 133 project. DARPA Space Pro- The conference agreement retains a provi- The Senate contained no similar provision. grams and Tech- sion proposed by the House which prohibits The conference agreement retains a provi- nology ...... 1,000,000 the use of funds for nuclear armed intercep- sion proposed by the House which prohibits DARPA Advanced Elec- tors of a missile defense system. The Senate the Secretary of the Air Force from transfer- tronics Technologies 1,000,000 bill contained a similar provision but made ring Air Force Material Command functions DARPA Network-Cen- it permanent. until after the Secretary transmits a report. tric Warfare Tech- The conference agreement retains a provi- The Senate bill contained no similar provi- nology ...... 1,000,000 sion proposed by the House which provides sion. MDA BMD Midcourse funding to the United Service Organizations The conference agreement modifies a pro- Defense Segment ...... 23,005,000 and the Red Cross. The Senate bill contained vision proposed by the House regarding re- OSD UAS Common De- a similar provision but did not provide fund- porting requirements for civilian personnel velopment ...... 3,007,000 ing to the Red Cross. end strength by appropriation account. The BTA R&D Activities .... 6,019,000 The conference agreement modifies a pro- Senate bill contained no similar provision. DTRA Weapons of Mass vision proposed by the Senate which provides The conference agreement retains a provi- Destruction Defeat funding of up to $200,000,000 from Operation sion proposed by the House which provides Capabilities ...... 603,000 and Maintenance, Defense-Wide, to be com- funding from Research, Development, Test

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The Senate bill contained no simi- to follow normal prior approval reprogram- sion proposed by the House which requires lar provision. ming procedures should it be necessary to the Department to report on the feasibility The conference agreement modifies a pro- transfer funding between different appropria- of using commercially available tele- vision proposed by the House which prohibits tions accounts in this title. communications expense management solu- funding from being used to enter into agree- tions. The Senate bill contained no similar ments with a corporation that was convicted MILITARY ACTIVITIES IN LIBYA provision. of a federal criminal violation in the past 24 General provisions 10003 and 10017, included The conference agreement retains a provi- months. The Senate bill contained no similar in the House version of the Department of sion proposed by the House which prohibits provision. Defense Appropriations bill, restricted the funds from being used to separate the Na- The conference agreement includes a new use of Department of Defense funding for tional Intelligence Program from the De- provision which creates a Military Intel- certain activities in or against Libya. The partment of Defense budget. The Senate bill ligence Program Transfer Fund. The House conference agreement does not include those contained no similar provision. bill and Senate bill contained no similar pro- provisions. Since the House passage of the The conference agreement modifies a pro- visions. Department of Defense Appropriations bill, The conference agreement retains a provi- vision proposed by the House which provides political conditions in Libya have changed sion proposed by the House which prohibits general transfer authority of $2,000,000,000 for and power has transferred to a new regime. funds made available for the intelligence funds from being used to violate the Traf- As part of a greater NATO force, the community. The Senate bill contained no ficking Victims Protection Act of 2000. The United States participated in, and took di- similar provision. Senate bill contained no similar provision. The conference agreement retains a provi- The conference agreement retains a provi- rect forceful action against the country of sion proposed by the House which provides sion proposed by the House which prohibits Libya to topple its former regime. The ac- funds to construct, renovate, repair, or ex- funds from being used to violate the Child tion was successful and fortunately no Amer- pand elementary and secondary public Soldier Prevention Act of 2008. The Senate ican lives were lost during this incursion. schools on military installations. The Senate bill contained no similar provision. However, the conferees insist that when de- The conference agreement retains a provi- bill contained no similar provision. termining that military engagements are The conference agreement modifies lan- sion proposed by the House which prohibits necessary, the President is subject to the funds from being used to violate the War guage proposed by the House which prohibits terms of the War Powers Resolution (50 Powers Resolution. The Senate bill con- the use of current and prior year funds from U.S.C. 1541 et seq.). tained no similar provision. being used to transfer detainees from Naval EXTREMIST ORGANIZATIONS Station Guantanamo Bay, Cuba to the TITLE IX—OVERSEAS CONTINGENCY United States. The Senate bill contained a OPERATIONS The conferees are aware that certain gov- similar provision. The conference agreement provides ernments and organizations such as the Gov- The conference agreement modifies a pro- $115,082,635,000 in Title IX, Overseas Contin- ernment of Iran, Hamas, and Hizbullah have vision proposed by the House which requires gency Operations, instead of $118,669,277,000 policies and practices counter to the best in- certain certifications prior to the transfer of as proposed by the House and $117,583,000,000 terests of the United States. The conferees detainees from Naval Station Guantanamo as proposed by the Senate. The conference reiterate that extremist governments and or- Bay, Cuba to foreign countries. The Senate agreement on items addressed by either the ganizations should not be funded by this Act bill contained a similar provision. House or the Senate is as follows: and that the conferees will closely monitor The conference agreement modifies lan- REPORTING REQUIREMENTS the expenditure of funds by the Department guage proposed by the House which prohibits The conferees direct that the Department of Defense regarding such matters. the use of current and prior year funds from continue to report incremental contingency HUMAN RIGHTS ABUSES being used to construct, renovate, or modify operations costs for Operation New Dawn U.S. facilities to house any detainees at and Operation Enduring Freedom on the The House included language directing re- Naval Station Guantanamo Bay, Cuba. The monthly basis in the Cost of War Execution ports on human rights abuses. The conferees Senate bill contained a similar provision. report as required by Department of Defense direct the initial report be completed not The conference agreement modifies a pro- Financial Management Regulation, Chapter later than 60 days after enactment of this vision proposed by the House which provides 23, Volume 12. The conferees further direct Act and quarterly throughout the fiscal funds to conduct an assessment of the cur- the Department to continue providing Cost year. rent and prospective situation on the ground of War reports to the congressional defense MILITARY PERSONNEL in Afghanistan and Pakistan. The Senate bill committees that include the following infor- contained no similar provision. mation by appropriation account: Funding The conference agreement provides The conference agreement retains a provi- appropriated, funding allocated, monthly ob- $11,639,252,000 for Military Personnel, instead sion proposed by the House which directs the ligations, monthly disbursements, cumu- of $10,813,624,000 as proposed by the House Secretary of Defense to submit a report re- lative fiscal year obligations, and cumu- and $11,657,252,000 as proposed by the Senate. garding the efficiency savings identified in lative fiscal year disbursements. The conference agreement on items ad- the fiscal year 2012–2016 budgets. The Senate The conferees expect that in order to meet dressed by either the House or the Senate is bill contained no similar provision. unanticipated requirements, the Department as follows:

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OPERATION AND MAINTENANCE nance, instead of $89,780,293,000 as proposed items addressed by either the House or the The conference agreement provides by the House and $90,546,851,000 as proposed Senate is as follows: $89,016,326,000 for Operation and Mainte- by the Senate. The conference agreement on

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PAKISTAN COUNTERINSURGENCY FUND vised thresholds for contracts requiring ap- for reviewing ASFF construction and The House version of the Department of proval of the Afghanistan Resources Over- sustainment plans for infrastructure and to Defense Appropriations bill included sight Council (AROC) and other responsibil- establish a plan for the oversight of con- $1,100,000,000 for the Pakistan Counterinsur- ities of the AROC. As outlined in this sec- tractor performance and services and goods gency Fund. The Senate included an appro- tion, the AROC is responsible for approving rendered. These are critical steps in ensuring priation for this fund in the State, Foreign all financial and activity plans for the Af- that proper oversight is conducted on one of Operations, and Related Agencies Appropria- ghanistan Security Forces Fund (ASFF). The the largest Department of Defense programs. conferees direct the AROC to establish poli- tions bill. The fund is addressed in the State, PROCUREMENT Foreign Operations, and Related Agencies cies, regulations, and processes to include The conference agreement provides Division of this Act. consideration of the extent of competition and the relevant qualifications and eligi- $13,633,461,000 for Procurement, instead of AFGHANISTAN RESOURCES OVERSIGHT COUNCIL bility of contractors as part of the acquisi- $13,375,288,000 as proposed by the House and The conferees have modified Section 9009 tion plan for major purchases of goods and $15,518,701,000 as proposed by the Senate. The of the Senate version of the Department of services. The conferees further direct the conference agreement on items addressed by Defense Appropriations bill to include re- AROC to establish business rules and criteria either the House or the Senate is as follows:

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NATIONAL GUARD AND RESERVE EQUIPMENT Radios; Combined Arms Virtual Trainers; nance Aerial Recovery Kits; Virtual Convoy The conference agreement provides Command Posts—Tactical Operations Cen- Operations Trainers; Virtual Door Gunner $1,000,000,000 for National Guard and Reserve ters and Standardized Integrated Command Trainers; and Wideband Imagery Dissemina- Equipment. Of that amount, $325,000,000 is Post Systems; Communications Aerial Plat- tion. for the Army National Guard; $315,000,000 is forms; External and Internal Fuel Tanks; F– for the Air National Guard; $145,000,000 is for 15 Active Electronically Scanned Array Ra- MINE RESISTANT AMBUSH PROTECTED AND the Army Reserve; $75,000,000 is for the Navy dars; Field Engineering, Logistics, and Main- MRAP-ALL TERRAIN VEHICLES Reserve; $65,000,000 is for the Marine Corps tenance Equipment; General Engineering The conference agreement provides Equipment; Generation 4 Advanced Tar- Reserve; and $75,000,000 is for the Air Force $2,600,170,000 to address Mine Resistant Am- geting Pods; HC–130 Integrated EW Suites Reserve to meet urgent equipment needs bush Protected (MRAP) vehicle and MRAP- (ALQ–213) with VECTS; Helicopter Fire- that may arise this fiscal year. All Terrain Vehicle (M-ATV) requirements, fighting Equipment; Helmet Mounted Cueing This funding will allow the Guard and re- as identified by the Department of Defense. serve components to procure high priority Systems; HMMWV Ambulances; Homeland The request was reduced by an amount pre- equipment that may be used by these units Defense Communications Equipment; Inte- viously provided by the Department of the for both their combat missions and their grated Vehicle Health Management Systems; Army to the MRAP Joint Program Office to missions in support of State governors. The Joint Threat Emitters; Large Aircraft Infra- conferees direct that the National Guard and red Countermeasures; Light Utility Heli- support operations and maintenance from Reserve Equipment account shall be exe- copters; Lightweight Airborne Recovery Sys- within funds available to the Army. The De- cuted by the Chiefs of the National Guard tems; LITENING Upgrades; MRAP Vehicle partment shall continue to adhere to the and reserve components with priority consid- Virtual Trainers; Personal Protective Equip- execution and reporting requirements con- eration given to the following items: AB– ment and Weapons; Reduced Size Crash- tained in section 8122 of Public Law 110–116. FIST Gunnery Trainer Upgrades; Active worthy External and Extended Range Fuel RESEARCH, DEVELOPMENT, TEST AND Noise Cancellation Systems for ANG C–130; Systems (RCEFS) for Apaches and Chinooks; EVALUATION ANG Block 42 F–16 Engine Upgrades; ARC 210 Remotely Operated Video Enhanced Receiv- Radios for ANG F–16s; Batteries and Battery ers; SATCOM Ground Stations; Security The conference agreement provides Support Equipment; Bradley Modifications; Force Mobility Bag Upgrades; Self-Contained $526,358,000 for Research, Development, Test C–130 Loadmaster Lookout Windows and Live Fire Shooting Ranges; Shadow Tactical and Evaluation, instead of $436,758,000 as pro- Crashworthy Loadmaster Seats; C–130 Secure Unmanned Aircraft Systems; Simulation posed by the House and $581,958,000 as pro- Line of Sight and Beyond Line of Sight Ca- Training Systems; Tactical Communications posed by the Senate. The conference agree- pability; CH–47 Door Gun Mounts; Chemical/ Equipment; Tactical Radios; Tactical Trail- ment on items addressed by either the House Biological Protective Shelter; Civil Support ers; Thermal Imaging Systems; Unit Mainte- or the Senate is as follows:

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VerDate Mar 15 2010 13:11 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00444 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.056 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE Insert offset folio 1556 here EH15DE11.211 December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9413 REVOLVING AND MANAGEMENT FUNDS DRUG INTERDICTION AND COUNTER-DRUG EXPLANATION OF PROJECT LEVEL ADJUSTMENTS— The conference agreement provides ACTIVITIES, DEFENSE Continued $435,013,000 for the Defense Working Capital The conference agreement provides [In thousands of dollars] Funds as proposed by the House, instead of $456,458,000 for Drug Interdiction and $396,513,000 as proposed by the Senate. Counter-Drug Activities, Defense, instead of Budget Conference OTHER DEPARTMENT OF DEFENSE PROGRAMS $469,458,000 as proposed by the House and Request DEFENSE HEALTH PROGRAM $463,458,000 as proposed by the Senate. The TAJIKISTAN ...... 27,425 27,425 The conference agreement provides conference agreement on items addressed by TURKMENISTAN ...... 23,800 23,800 $1,228,288,000 for the Defense Health Program either the House or the Senate is as follows: KYRGYZSTAN ...... 33,598 33,598 as proposed by the Senate, instead of KAZAKHSTAN ...... 9,976 9,976 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS UZBEKISTAN ...... 14,750 14,750 $1,248,288,000 as proposed by the House. The OTHER REGIONAL PROGRAMS ...... 3,000 3,000 conference agreement on items addressed by [In thousands of dollars] PROGRAM ADJUSTMENT ...... ¥7,000 either the House or the Senate is as follows: Budget Conference TOTAL, DRUG INTERDICTION AND EXPLANATION OF PROJECT LEVEL ADJUSTMENTS Request COUNTER-DRUG ACTIVITIES (OCO) ...... 486,458 456,458 [In thousands of dollars] AFGHANISTAN AIR MOBILITY ...... 149,000 141,000 Mi-17s—Change in acquisition strategy ...... ¥8,000 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT COUNTER NARCOTICS POLICE AFGHANISTAN Budget FUND Request Conference TRAINING ...... 46,250 46,250 COUNTER NARCOTICS POLICE AFGHANISTAN The conference agreement on items ad- OPERATION AND MAINTENANCE ...... 1,228,288 1,228,288 FACILITIES ...... 7,000 7,000 IN-HOUSE CARE ...... 641,996 641,996 AFGHANISTAN BORDER POLICE FACILITIES ...... 40,000 40,000 dressed by either the House or the Senate is AFGHANISTAN BORDER POLICE TRAINING ...... 32,000 32,000 PRIVATE SECTOR CARE ...... 464,869 464,869 as follows: CONSOLIDATED HEALTH SUPPORT ...... 95,994 95,994 AFGHANISTAN BORDER POLICE EQUIPMENT ..... 2,500 2,500 INFORMATION MANAGEMENT ...... 5,548 5,548 OTHER PROGRAM SUPPORT—AFGHANISTAN .... 7,000 7,000 MANAGEMENT ACTIVITIES ...... 751 751 INTELLIGENCE AND TECHNOLOGY ...... 49,509 44,509 CTF-Kabul HQ Facility funding no longer EDUCATION AND TRAINING ...... 16,859 16,859 ¥ BASE OPERATIONS AND COMMUNICA- required ...... 5,000 TIONS ...... 2,271 2,271 PAKISTAN ...... 40,650 30,650 Reduce program growth ...... ¥10,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [in thousands of dollars]

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

1 ATTACK THE NETWORK (OCO) ...... 1,368,800 936,400 Blue Devil Block 1—Transfer to RDTE,AF line 200 ...... ¥58,600 Broad Agency Announcement S&T Response unjustified request ...... ¥76,000 Information Fusion unjustified program growth ...... ¥17,000 Transfer to Staff and Infrastructure ...... ¥280,800 2 DEFEAT THE DEVICE (OCO) ...... 961,200 733,400 Duraplex Antenna—Transfer to RDTE,A line 62 ...... ¥10,000 IDD 2.0 Detection Dog—Transfer from Train the Force ...... 4,200 Transfer to Staff and Infrastructure ...... ¥72,000 Program Adjustment ...... ¥150,000 3 TRAIN THE FORCE (OCO) ...... 247,500 129,350 Train the Force Response—Duplication of Service Title 10 Responsibilities ...... ¥-18,050 IDD 2.0 Detection Dog—Transfer to Defeat the Device ...... ¥4,200 Transfer to Staff and Infrastructure ...... ¥90,900 Program Adjustment ...... ¥5,000 4 STAFF AND INFRASTRUCTURE (OCO) ...... 0 642,834 Civilian Pay Freeze ...... ¥1,500 Transfer from title VI ...... 220,634 Transfer from Attack the Network ...... 280,800 Transfer from Defeat the Device ...... 72,000 Transfer from Train the Force ...... 90,900 Program Adjustment ...... ¥20,000

TOTAL, JOINT IED DEFEAT FUND ...... 2,577,500 2,441,984

The conference agreement provides fund- eral, as proposed by both the House and the The conference agreement modifies a pro- ing for the Joint Improvised Explosive De- Senate. vision proposed by the Senate concerning the vice Defeat Organization (JIEDDO) in title Afghanistan Resources Executive Council IX. The conferees believe that the require- EXPLANATION OF PROJECT LEVEL ADJUSTMENTS approval of funding for projects under the ments are war related and should be funded [In thousands of dollars] Afghanistan Security Forces Fund, Afghani- through Overseas Contingency Operations stan Infrastructure Fund, and the Com- funding. Budget Conference manders Emergency Response Program. The The conferees direct JIEDDO to submit to Request House bill contained a similar provision. the congressional defense committees OPERATION AND MAINTENANCE ...... 11,055 11,055 The conference agreement modifies a pro- monthly commitment, obligation, and ex- TOTAL, OFFICE OF THE INSPECTOR GEN- penditure data by line of operation and by ERAL ...... 11,055 11,055 vision proposed by the Senate concerning year of appropriation. Further, the conferees funding and guidelines for the Task Force for Business and Stability Operations in Afghan- direct JIEDDO to submit to the congres- GENERAL PROVISIONS—THIS TITLE sional defense committees monthly reports istan. The House bill contained a similar of obligation data on a project by project The conference agreement for title IX in- provision. basis by line of operation. The conferees also corporates general provisions from the House The conference agreement retains a provi- continue the direction that JIEDDO follow and Senate versions of the bill which were sion proposed by the Senate concerning tran- standard reprogramming procedures when not amended. Those general provisions that sition activities of the Office of Security Co- transferring a cumulative amount of were addressed in conference follow: operation in Iraq and security assistance $20,000,000 or more between lines of oper- The conference agreement retains a provi- teams. The House bill contained a similar ation. sion proposed by the Senate which provides provision. OFFICE OF THE INSPECTOR GENERAL for general transfer authority within title The conference agreement modifies a pro- The conference agreement provides IX. The House bill contained a similar provi- vision proposed by the Senate which reduces $11,055,000 for the Office of the Inspector Gen- sion. funding from title IX military personnel and

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operation and maintenance accounts to re- (RESCISSIONS) Artillery Fuzes, All flect reduced troop strength in theater. The 2010 Appropriations: Types ...... 1,000,000 House bill contained no similar provision. Overseas Contingency Other Procurement, Air Operations Transfer The conference agreement modifies a pro- Force: Fund: vision proposed by the House and the Senate Unobligated Balances .. $356,810,000 Intelligence Comm recommending rescissions. The rescissions Procurement of Ammuni- Equipment ...... 2,250,000 agreed to are: tion, Army: Non-Lethal Capabili- ties ...... 20,000,000

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N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in Book II.

COMMUNICATION FROM THE olution (H. Con. Res. 94) directing the transmitting the Department’s final rule — CLERK OF THE HOUSE Clerk of the House of Representatives Medical Loss Ratio Rebate Requirements for Non-Federal Governmental Plans [CMS-9998- The SPEAKER pro tempore laid be- to make corrections in the enrollment of H.R. 3672; and for other purposes, IFC2] (RIN: 0938-AR35) received December 2, fore the House the following commu- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the nication from the Clerk of the House of which was referred to the House Cal- Committee on Energy and Commerce. Representatives: endar and ordered to be printed. 4310. A letter from the Program Manager, OFFICE OF THE CLERK f Department of Heath and Human Services, transmitting the Department’s final rule — HOUSE OF REPRESENTATIVES LEAVE OF ABSENCE Washington, DC, December 15, 2011. Medical Loss Ratio Requirements under the Hon. JOHN A. BOEHNER, By unanimous consent, leave of ab- Patient Protection and Affordable Care Act The Speaker, House of Representative, sence was granted to: [CMS-9998-FC] (RIN: 0938-AQ71) received De- Washington, DC. cember 2, 2011, pursuant to 5 U.S.C. Mr. DAVIS of Illinois (at the request 801(a)(1)(A); to the Committee on Energy and DEAR MR. SPEAKER: Pursuant to the per- of Ms. PELOSI) for today after 2 p.m. mission granted in Clause 2(h) of Rule II of Commerce. Ms. EDDIE BERNICE JOHNSON of Texas the Rules of the U.S. House of Representa- 4311. A letter from the Director, Regu- tives, the Clerk received the following mes- (at the request of Ms. PELOSI) for today latory Management Division, Enviromental sage from the Secretary of the Senate on De- and December 16. Protection Agency, transmitting the Agen- cember 15, 2011 at 5:15 p.m.: Mrs. NAPOLITANO (at the request of cy’s final rule — Approval and Promulgation That the Senate agreed to the conference Ms. PELOSI) for Friday, December 16, of Air Quality Implementation Plans; West report accompanying the bill H.R. 1540. on account of attending an important Virgina and Ohio; Determinations of Attain- That the Senate agreed to H. Con. Res. 92. ment of the 1997 Annual Fine Particle Stand- event in the district. ard for the Parkersburg-Marietta and Wheel- With best wishes, I am Mr. DIAZ-BALART (at the request of Sincerely, ing Nonattainment Areas [EPA-R03-OAR- Mr. CANTOR) for today on account of KAREN L. HAAS. 2011-0469; FRL-9498-7) received November 29, family medical issues. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the f f Committee on Energy and Commerce. RECESS 4312. A letter from the Director, Regu- SENATE ENROLLED BILL SIGNED latory Management Division, Environmental The SPEAKER pro tempore. Pursu- The Speaker announced his signature Protection Agency, transmitting the Agen- ant to clause 12(a) of rule I, the Chair cy’s final rule — Approval and Promulgation declares the House in recess subject to to an enrolled bill of the Senate of the of Air Quality Implementation Plans; Lou- the call of the Chair. following title: isiana; Revisions to Control Volatile Organic Accordingly (at 10 o clock and 58 S. 384. An act to amend title 39, Compound Emissions for Surface Coating minutes p.m.), the House stood in re- United States Code, to extend the au- and Graphic Arts [EPA-R06-OAR-2010-0775; cess subject to the call of the Chair. thority of the United States Postal FRL-9496-8) received November 29, 2011, pur- Service to issue a semipostal to raise suant to 5 U.S.C. 801(a)(1)(A); to the Com- f mittee on Energy and Commerce. funds for breast cancer research. AFTER RECESS 4313. A letter from the Director, Regu- f latory Management Division, Environmental The recess having expired, the House Protection Agency, transmitting the Agen- was called to order by the Speaker pro ADJOURNMENT cy’s final rule — Approval and Promulgation tempore (Ms. FOXX) at 12 o’clock and 56 Mr. DREIER. Madam Speaker, I of Implementation Plans and Designation of minutes a.m. move that the House do now adjourn. Areas for Air Quality Planning; Louisiana; The motion was agreed to; accord- Baton Rouge Area: Redesignation to Attain- f ment for the 1997 8-Hour Ozone Standard ingly (at 12 o’clock and 58 minutes [EPA-R06-OAR-2010-0776; FRL-9498-2) re- REPORT ON RESOLUTION PRO- a.m.), the House adjourned until today, VIDING FOR CONSIDERATION OF ceived November 29, 2011, pursuant to 5 Friday, December 16, 2011, at 9 a.m. U.S.C. 801(a)(1)(A); to the Committee on En- CONFERENCE REPORT ON H.R. f ergy and Commerce. 2055, CONSOLIDATED APPROPRIA- 4314. A letter from the Director, Regu- TIONS ACT, 2012; PROVIDING FOR EXECUTIVE COMMUNICATIONS, latory Management Division, Environmental CONSIDERATION OF H.R. 3672, ETC. Protection Agency, transmitting the Agen- DISASTER RELIEF APPROPRIA- cy’s final rule — Revisions to the California Under clause 2 of rule XIV, executive TIONS ACT, 2012; PROVIDING FOR State Implementation Plan, Placer County communications were taken from the CONSIDERATION OF H. CON. RES. Air Pollution Control District [EPA-R09- Speaker’s table and referred as follows: 94, CORRECTING THE ENROLL- 2011-0846; FRL-9493-2] received November 29, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the MENT OF H.R. 3672; AND FOR 4307. A letter from the Acting Adminis- trator, Department of Agriculture, transmit- Committee on Energy and Commerce. OTHER PURPOSES ting the Department’s final rule — Christ- 4315. A letter from the Director of Regula- Mr. DREIER, from the Committee on mas Tree Promotion, Research, and Informa- tion Policy and Management, Office of Gen- Rules, submitted a privileged report tion Order; Stay of Regulations [Documented eral Counsel, Department of Veterans (Rept. No. 112–332) on the resolution (H. No.: AMS-FV-10-0008-1A] (RIN: 0581-AD00) re- Affaris, transmitting the Department’s final Res. 500) providing for consideration of ceived December 2, 2011, pursuant to 5 U.S.C. rule — Servicemembers’ Group Life Insur- 801(a)(1)(A); to the Committee on Agri- ance Traumatic Injury Protection Program the conference report to accompany culture. — Genitourinary Losses (RIN: 2900-AO20) re- the bill (H.R. 2055) making appropria- 4308. A letter from the Assistant General ceived December 2, 2011, pursuant to 5 U.S.C. tions for military construction, the De- Counsel for Legislation, Regulation and En- 801(a)(1)(A); to the Committee on Veterans’ partment of Veterans Affairs, and re- ergy Efficiency, Department of Energy, Affairs. lated agencies for the fiscal year end- transmitting the Department’s final rule — 4316. A letter from the Chief, Publications ing September 30, 2012, and for other Energy Conservation Program: Energy Con- and Regulations, Internal Revenue Service, purposes; providing for consideration of servation Standards for Direct Heating transmitting the Service’s final rule — Ex- the bill (H.R. 3672) making appropria- Equipment [Docket Number: EERE-2011-BT- amination of returns and Claims for refund, STD-0047] (RIN: 1904-AC56) received Decem- credit, or abatement; determination of cor- tions for disaster relief requirements ber 2, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); rect tax liability (Rev. Proc. 2011-57) received for the fiscal year ending September 30, to the Committee on Energy and Commerce. November 28, 2011, pursuant to 5 U.S.C. 2012, and for other purposes; providing 4309. A letter from the Program Manager, 801(a)(1)(A); to the Committee on Ways and for consideration of the concurrent res- Department of Health and Human Services, Means.

VerDate Mar 15 2010 13:50 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00461 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.068 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE H9430 CONGRESSIONAL RECORD — HOUSE December 15, 2011 REPORTS OF COMMITTEES ON By Mr. LANDRY (for himself, Mr. DUN- fall within the jurisdiction of the committee PUBLIC BILLS AND RESOLUTIONS CAN of South Carolina, Mr. BUCSHON, concerned. Mr. HUELSKAMP, Mr. GRAVES of Geor- By Ms. BUERKLE: Under clause 2 of rule XIII, reports of gia, Mr. WALSH of Illinois, Mr. H.R. 3683. A bill to amend title XVIII of the committees were delivered to the Clerk ROKITA, Mr. LABRADOR, Mr. HARRIS, Social Security Act to delay implementation for printing and reference to the proper Mr. STUTZMAN, Mr. RIBBLE, Mr. of the Medicare hospital readmissions reduc- calendar, as follows: DESJARLAIS, Mr. CULBERSON, Mr. ROE tion program for 5 years, to require Congres- of Tennessee, Mr. GOWDY, Mr. sional approval for additional applicable con- Mr. ROGERS of Kentucky: Committee of ditions, and to provide for a report on poten- Conference. Conference report on H.R. 2055. MULVANEY, Mr. REED, Mr. GOHMERT, Mr. CLARKE of Michigan, and Mr. tial impact of such program; to the Com- A bill making appropriations for military mittee on Ways and Means. construction, the Department of Veterans GOSAR): H.R. 3676. A bill to amend the detainee pro- By Mr. GRIMM (for himself and Mr. Affairs, and related agencies for the fiscal visions of the National Defense Authoriza- REED): year ending September 30, 2012, and for other tion Act for Fiscal Year 2012 to specifically H.R. 3684. A bill to amend the Surface purposes (Rept. 112–3310). Ordered to be state that United States citizens may not be Transportation and Uniform Relocation As- printed. detained against their will without all the sistance Act of 1987 to authorize the Sec- Mr. DREIER: Committee on Rules. House rights of due process afforded to citizens in a retary of Transportation to permit Federal Resolution 500. Resolution providing for con- court ordained or established by or under Ar- regulation and review of tolls and toll in- sideration of the conference report to accom- ticle III of the Constitution of the United creases on certain surface transportation fa- pany the bill (H.R. 2055) making appropria- States; to the Committee on Armed Services, cilities, and for other purposes; to the Com- tions for military construction, the Depart- and in addition to the Committee on Foreign mittee on Transportation and Infrastruc- ment of Veterans Affairs, and related agen- Affairs, for a period to be subsequently de- ture. cies for the fiscal year ending September 30, termined by the Speaker, in each case for By Mr. HERGER (for himself, Mr. 2012, and for other purposes: providing for consideration of such provisions as fall with- MCCLINTOCK, and Mr. AMODEI): consideration of the bill (H.R. 3672) making in the jurisdiction of the committee con- H.R. 3685. A bill to amend the Herger-Fein- appropriations for disaster relief require- cerned. stein Quincy Library Group Forest Recovery ments for the fiscal year ending September Act to extend and expand the scope of the By Mr. FATTAH (for himself, Mr. 30, 2012, and for other purposes; providing for pilot forest management project required by BRADY of Pennsylvania, Ms. LEE of consideration of the concurrent resolution that Act; to the Committee on Natural Re- California, and Mr. TIERNEY): (H. Con. Res. 94) directing the Clerk of the H.R. 3677. A bill to authorize the Secretary sources, and in addition to the Committee on House of Representatives to make correc- of Housing and Urban Development to estab- Agriculture, for a period to be subsequently tions in the enrollment of H.R. 3672; and for lish a national program to create jobs and determined by the Speaker, in each case for other purposes (Rept. 112–332). Referred to increase economic development in under- consideration of such provisions as fall with- the House Calendar. served areas by promoting cooperative devel- in the jurisdiction of the committee con- f opment; to the Committee on Financial cerned. Services. By Mr. KEATING: PUBLIC BILLS AND RESOLUTIONS H.R. 3686. A bill to extend the termination By Mr. MCNERNEY: date for the exemption of returning workers Under clause 2 of rule XII, public H.R. 3678. A bill to amend the Plant Pro- from the numerical limitations for tem- tection Act to direct the Secretary of Agri- bills and resolutions of the following porary workers; to the Committee on the Ju- culture to provide assistance to certain own- titles were introduced and severally re- diciary. ers as compensation for economic losses due ferred, as follows: By Mr. MICHAUD (for himself and Mr. to quarantine, and for other purposes; to the By Mr. COFFMAN of Colorado: COURTNEY): Committee on Agriculture. H.R. 3687. A bill to amend title 38, United H.R. 3673. A bill to prohibit an increase in By Ms. EDDIE BERNICE JOHNSON of the compensation of Members of Congress States Code, to provide for coverage under Texas (for herself, Mr. KING of New from taking effect unless Congress consents the beneficiary travel program of the De- York, Ms. SPEIER, Ms. NORTON, Ms. to the increase by concurrent resolution; to partment of Veterans Affairs of certain dis- BORDALLO, Mr. BLUMENAUER, Mr. the Committee on House Administration, abled veterans for travel for certain special WELCH, Ms. SCHAKOWSKY, Mr. DEFA- and in addition to the Committees on Over- disabilities rehabilitation, and for other pur- ZIO, Mr. LUJA´ N, Mr. HINCHEY, Mr. sight and Government Reform, and Rules, poses; to the Committee on Veterans’ Af- OLVER, Mr. BOSWELL, Ms. LORETTA for a period to be subsequently determined fairs. SANCHEZ of California, Mr. by the Speaker, in each case for consider- By Mr. NADLER: MCDERMOTT, Mr. SMITH of Wash- ation of such provisions as fall within the ju- H.R. 3688. A bill to amend the copyright ington, Ms. WILSON of Florida, Mr. risdiction of the committee concerned. law to secure the rights of artists of works of HONDA, and Mr. HOLT): By Mr. DANIEL E. LUNGREN of Cali- visual art to provide for royalties, and for H.R. 3679. A bill to amend the Public other purposes; to the Committee on the Ju- fornia (for himself, Mr. KING of New Health Service Act to establish the position diciary. York, Mr. MCCAUL, Mr. BILIRAKIS, of National Nurse for Public Health; to the By Mr. OWENS: Mrs. MILLER of Michigan, Mr. Committee on Energy and Commerce. H.R. 3689. A bill to authorize the Adminis- WALBERG, Mr. MARINO, Mr. LONG, Mr. By Mrs. MCMORRIS RODGERS (for trator of the Environmental Protection TURNER of New York, Mr. STIVERS, herself and Ms. DEGETTE): Agency to waive any emission standard or and Mr. LANGEVIN): H.R. 3680. A bill to improve hydropower, other requirement under section 112 of the H.R. 3674. A bill to amend the Homeland and for other purposes; to the Committee on Clean Air Act (42 U.S.C. 7412) applicable to Security Act of 2002 to make certain im- Energy and Commerce, and in addition to the control of asbestos emissions in the dem- provements in the laws relating to cyberse- the Committees on Transportation and In- olition or renovation of a condemned build- curity, and for other purposes; to the Com- frastructure, Natural Resources, and ing for which there is a reasonable expecta- mittee on Homeland Security, and in addi- Science, Space, and Technology, for a period tion of structural failure; to the Committee tion to the Committees on Oversight and to be subsequently determined by the Speak- on Energy and Commerce. Government Reform, Science, Space, and er, in each case for consideration of such pro- By Mr. PALLONE: Technology, the Judiciary, and Intelligence visions as fall within the jurisdiction of the H.R. 3690. A bill to amend the Federal (Permanent Select), for a period to be subse- committee concerned. Water Pollution Control Act relating to quently determined by the Speaker, in each By Mr. WEBSTER: beach monitoring, and for other purposes; to case for consideration of such provisions as H.R. 3681. A bill to amend the Internal Rev- the Committee on Transportation and Infra- fall within the jurisdiction of the committee enue Code of 1986 to allow a credit to pass- structure. concerned. thru entities for hiring individuals who are By Mr. PAULSEN (for himself, Mr. By Mr. SCALISE: unemployed and receive unemployment ben- KIND, Ms. MCCOLLUM, Mr. KLINE, Mr. H.R. 3675. A bill to repeal certain provi- efits; to the Committee on Ways and Means. CRAVAACK, Mr. MCGOVERN, Mrs. sions of the Communications Act of 1934, By Mr. DUFFY: BACHMANN, Mr. WALZ of Minnesota, title 17 of the United States Code, and the H.R. 3682. A bill to repeal the Patient Pro- and Mr. ELLISON): regulations of the Federal Communications tection and Affordable Care Act and provide H.R. 3691. A bill to amend title XVIII of the Commission that intervened in the tele- for comprehensive health reform, and for Social Security Act with respect to applica- vision marketplace, and for other purposes; other purposes; to the Committee on Energy tion of the frailty adjustment to certain to the Committee on Energy and Commerce, and Commerce, and in addition to the Com- Medicare Advantage plans; to the Committee and in addition to the Committee on the Ju- mittees on Ways and Means, Education and on Ways and Means, and in addition to the diciary, for a period to be subsequently de- the Workforce, the Judiciary, Natural Re- Committee on Energy and Commerce, for a termined by the Speaker, in each case for sources, House Administration, Rules, and period to be subsequently determined by the consideration of such provisions as fall with- Appropriations, for a period to be subse- Speaker, in each case for consideration of in the jurisdiction of the committee con- quently determined by the Speaker, in each such provisions as fall within the jurisdic- cerned. case for consideration of such provisions as tion of the committee concerned.

VerDate Mar 15 2010 13:50 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00462 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.021 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE December 15, 2011 CONGRESSIONAL RECORD — HOUSE H9431 By Mr. SCHIFF (for himself and Mr. ators and Representatives, as enumerated in Congress has the power to enact this legis- BASS of New Hampshire): Article I, Section 6, Clause 1 of the United lation pursuant to the following: H.R. 3692. A bill to establish an entre- States Constitution, as amended by the 27th Consistent with the original understanding preneur-based immigrant category for alien Amendment to the United States Constitu- of the commerce clause, the authority to entrepreneurs who have completed or are in tion. enact this legislation is found in Clause 3 of the process of completing a degree in By Mr. DANIEL E. LUNGREN of Cali- Section 8, Article I of the Constitution. The Science, Engineering, Math or a technology- fornia: bill repeals the Patient Protection and Af- related field; to the Committee on the Judi- H.R. 3674. fordable Care Act, which exceeds the author- ciary. Congress has the power to enact this legis- ity vested in Congress by the Constitution. By Mr. STIVERS (for himself, Mr. lation pursuant to the following: Finally, the bill removes government intru- RYAN of Ohio, and Mr. TIBERI): Article I, Section 8, Clause 1 sion into the doctor-patient relationship, H.R. 3693. A bill to amend title 31, United The Congress shall have Power to lay and which is protected by the Ninth and Tenth States Code, to save the American taxpayers collect Taxes, Duties, Imposts and Excises, Amendments to the Constitution. money by immediately altering the metallic to pay the Debts and provide for the common By Ms. BUERKLE: composition of the 1-cent coin, to require a Defence and general Welfare of the United H.R. 3683. prompt review and report, with recommenda- States; but all Duties, Imposts and Excises Congress has the power to enact this legis- tions, for cost-saving changes in the metallic shall be uniform throughout the United lation pursuant to the following: content of other circulating United States States. Article I, Section 8. coins, and for other purposes; to the Com- Article I, Section 8, Clause 18 By Mr. GRIMM: mittee on Financial Services. The Congress shall have Power to make all H.R. 3684. By Mr. STIVERS (for himself, Mr. Laws which shall be necessary and proper for Congress has the power to enact this legis- RYAN of Ohio, and Mr. TIBERI): carrying into Execution the forgoing Powers, lation pursuant to the following: H.R. 3694. A bill to amend title 31, United and all other Powers vested by this Constitu- Article I, Section 8, Clause 3 States Code, to save the American taxpayers tion in the Government of the United States By Mr. HERGER: money by immediately altering the metallic or in any Department or Officer thereof. H.R. 3685. composition of the 5-cent coin, to require a By Mr. SCALISE: Congress has the power to enact this legis- prompt review and report, with recommenda- H.R. 3675. lation pursuant to the following: tions, for cost-saving changes in the metallic Congress has the power to enact this legis- Article IV, Section 3, Clause 2. content of other circulating United States lation pursuant to the following: By Mr. KEATING: coins, and for other purposes; to the Com- Article 1, Section 8, Clause 18 H.R. 3686. mittee on Financial Services. By Mr. LANDRY: Congress has the power to enact this legis- By Mr. THOMPSON of Mississippi (for H.R. 3676. lation pursuant to the following: Congress has the power to enact this legis- himself, Mr. CUMMINGS, Mr. DUNCAN Article 1, Section 8 of the United States lation pursuant to the following: of Tennessee, and Mr. PIERLUISI): Constitution. H.R. 3695. A bill to amend title 14, United This bill is enacted pursuant to the power By Mr. MICHAUD: States Code, to modify the process for con- granted to Congress under Article I, section H.R. 3687. gressional nomination of individuals for ap- 8 of the United States Constitution (clauses Congress has the power to enact this legis- pointment as cadets at the Coast Guard 10, 11, 14, and 18), which grants Congress the lation pursuant to the following: Academy, and for other purposes; to the power to define and punish offenses against Article I, Section 8, Clause 18: The Con- Committee on Transportation and Infra- the law of nations, to make rules concerning gress shall have Power to make all Laws structure. captures on land and water; to make rules which shall be necessary and proper for car- By Mr. COFFMAN of Colorado: for the government and regulation of the rying into Execution the foregoing Powers, H.J. Res. 93. A joint resolution proposing land and naval forces; and to make all laws and all other Powers vested by the Constitu- an amendment to the Constitution of the necessary and proper for carrying out the tion in the Government of the United States, United States relating to limits on the num- foregoing powers. or in any Department or Officer thereof. ber of terms a Member of Congress may By Mr. FATTAH: By Mr. NADLER: serve; to the Committee on the Judiciary. H.R. 3677. H.R. 3688. By Mr. BOEHNER: Congress has the power to enact this legis- Congress has the power to enact this legis- H. Res. 497. A resolution to provide for the lation pursuant to the following: lation pursuant to the following: This bill is enacted pursuant to the power placement of a statue or bust of Sir Winston Article 1, sec. 8, cl. 3 (commerce clause), cl. granted to Congress under Article I Section Churchill in the United States Capitol; to 8 (copyright clause), and cl. 18 (necessary and 8 Clause 3 of the United States Constitution, the Committee on House Administration. proper clause). which states the United States Congress By Mr. CARTER: By Mr. OWENS: shall have power ‘‘To regulate Commerce H. Res. 498. A resolution recognizing and H.R. 3689. commending Baylor University quarterback with foreign Nations, and among the several Congress has the power to enact this legis- Robert Griffin III for winning the 2011 States, and with the Indian Tribes’’. lation pursuant to the following: Heisman Trophy and for his academic and By Mr. MCNERNEY: This bill is enacted pursuant to the power H.R. 3678. athletic accomplishments; to the Committee granted to Congress under Article I, Section Congress has the power to enact this legis- on Education and the Workforce. 8, Clause 18 of the United States Constitu- By Mr. DAVIS of Illinois (for himself, lation pursuant to the following: Article I, section 8 of the United States tion. Mr. RUSH, Mr. JACKSON of Illinois, Constitution. By Mr. PALLONE: Mr. GUTIERREZ, Mr. LIPINSKI, Ms. H.R. 3690. By Ms. EDDIE BERNICE JOHNSON of SCHAKOWSKY, and Mr. QUIGLEY): Congress has the power to enact this legis- Texas: H. Res. 499. A resolution congratulating lation pursuant to the following: the students, staff, faculty, and alumni of H.R. 3679. Congress has the power to enact this legis- Article 4, Section 3, Clause 2: the City Colleges of Chicago on the 100th an- lation pursuant to the following: The Congress shall have Power to dispose niversary of the institution; to the Com- Article I, section 8, clause 1 of the Con- of and make all needful Rules and Regula- mittee on Education and the Workforce. stitution of the United States. tions respecting the Territory or other Prop- f By Mrs. MCMORRIS RODGERS: erty belonging to the United States; and nothing in this Constitution shall be so con- CONSTITUTIONAL AUTHORITY H.R. 3680. Congress has the power to enact this legis- strued as to Prejudice any Claims of the STATEMENT lation pursuant to the following: United States, or of any particular State. Pursuant to clause 7 of rule XII of The bill is enacted pursuant to the power By Mr. PAULSEN: the Rules of the House of Representa- granted to Congress under Article I, Section H.R. 3691. tives, the following statements are sub- 8, clause 3 to regulate Commerce with for- Congress has the power to enact this legis- lation pursuant to the following: mitted regarding the specific powers eign nations and among the several States. By Mr. WEBSTER: Article 1, Section 8. granted to Congress in the Constitu- H.R. 3681. By Mr. SCHIFF: tion to enact the accompanying bill or Congress has the power to enact this legis- H.R. 3692 joint resolution. lation pursuant to the following: Congress has the power to enact this legis- By Mr. COFFMAN of Colorado: Article I, Section 8, Clause 1. ‘‘The Con- lation pursuant to the following: H.R. 3673. gress shall have Power To lay and collect Article I, Section 8, Clause 4 of the Con- Congress has the power to enact this legis- Taxes, Duties, Imposts and Excises, to pay stitution. Article I, Section 8, Clause 4 of the lation pursuant to the following: the Debts and provide for the common Constitution. The constitutional authorities on which Defence and general Welfare of the United By Mr. STIVERS: this bill rests are: States;’’. H.R. 3693. The power of Congress to make law regard- By Mr. DUFFY: Congress has the power to enact this legis- ing the compensation for the services of Sen- H.R. 3682. lation pursuant to the following:

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Article 1, Section 8—‘‘To coin Money, regu- H.R. 2182: Mr. HIMES. H.R. 3442: Mrs. NAPOLITANO, Mr. late the Value thereof, and of foreign Coin, H.R. 2268: Mr. WILSON of South Carolina. MCDERMOTT, Ms. LORETTA SANCHEZ of Cali- and fix the Standard of Weights and Meas- H.R. 2284: Mr. BILIRAKIS. fornia, and Mr. LOEBSACK. ures’’ H.R. 2313: Mr. GALLEGLY and Mr. GUINTA. H.R. 3521: Mr. MULVANEY, Mr. SHERMAN, By Mr. STIVERS: H.R. 2412: Mr. PAYNE and Mr. HOLT. Ms. BASS of California, Mr. CICILLINE, Mr. H.R. 3694. H.R. 2418: Mr. LATHAM. HUELSKAMP, and Mr. LANCE. Congress has the power to enact this legis- H.R. 2429: Ms. JENKINS. H.R. 3547: Mr. QUIGLEY, Mr. POLIS, and Mr. lation pursuant to the following: H.R. 2453: Mr. JOHNSON of Ohio, Mr. ROS- STARK. Article 1, Section 8—‘‘To coin Money, regu- KAM, Mr. ROE of Tennessee, Mr. DESJARLAIS, H.R. 3572: Mr. DOGGETT, Mr. ELLISON, Mr. late the Value thereof, and foreign Coin, and Mr. COLE, Mr. GRIFFIN of Arkansas, Mr. GARAMENDI, Mr. COURTNEY, Mr. YARMUTH, fix the Standard of Weights and Measures’’ PALAZZO, Mr. NUNES, Mr. REHBERG, Mr. Mr. NADLER, Mr. KEATING, and Mr. CLARKE of By Mr. THOMPSON of Mississippi: SCHWEIKERT, Mr. GOODLATTE, Mr. FORTEN- Michigan. H.J. 3695. BERRY, Mr. LANKFORD, Mr. WALDEN, Mr. H.R. 3573: Ms. LEE of California, Mr. GRI- Congress has the power to enact this legis- MCCLINTOCK, Mr. HARRIS, Mr. LANDRY, Mr. JALVA, and Ms. WOOLSEY. lation pursuant to the following: STUTZMAN, Mr. KINGSTON, Mr. LAMBORN, Mr. H.R. 3577: Mr. GOHMERT, Mr. GRAVES of The Constitution including Article I, Sec- GINGREY of Georgia, Mr. AMODEI, Mr. WHIT- Georgia, Mr. WESTMORELAND, Mr. MULVANEY, tion 8. FIELD, Mr. COFFMAN of Colorado, Mr. MILLER Mr. FLORES, Mr. DUNCAN of South Carolina, By Mr. COFFMAN of Colorado: of Florida, Mr. GARRETT, Mr. MCCOTTER, Mr. Mr. AUSTIN SCOTT of Georgia, Mr. WILSON of H.J. Res. 93. CASSIDY, Ms. HAYWORTH, Mr. BASS of New South Carolina, Mr. DESJARLAIS, Mr. ROE of Congress has the power to enact this legis- Hampshire, Mr. PETRI, Mr. DENT, Mr. BOU- Tennessee, Mr. BARTLETT, Mrs. LUMMIS, Mr. lation pursuant to the following: STANY, Mr. DENHAM, Mr. GUTHRIE, Mr. FRANKS of Arizona, Mr. NEUGEBAUER, Mr. Article V of the U.S. Constitution. SCHOCK, Mr. TERRY, Mr. YOUNG of Florida, HUELSKAMP, Mr. JOHNSON of Illinois, Mr. Mr. SHUSTER, Mr. THORNBERRY, Mr. CULBER- YOUNG of Indiana, and Mr. HUIZENGA of f SON, Mr. BARTON of Texas, Mr. SIMPSON, Mr. Michigan. ADDITIONAL SPONSORS MCHENRY, Mr. PAULSEN, Mr. CONNOLLY of H.R. 3581: Mr. ROKITA. Virginia, Mr. YODER, Mr. THOMPSON of Penn- H.R. 3582: Mr. HANNA, Mr. FLORES, Mr. Under clause 7 of rule XII, sponsors sylvania, Mr. PITTS, Mr. ROHRABACHER, Mr. FLEMING, Mr. MARCHANT, Mr. MULVANEY, Mr. were added to public bills and resolu- KING of Iowa, Mr. DAVIS of Kentucky, Mr. WILSON of South Carolina, Mrs. LUMMIS, Mr. tions as follows: OLSON, Mr. STIVERS, Mrs. NOEM, Mr. FRANKS DESJARLAIS, Mr. ROKITA, and Mr. GOSAR. of Arizona, Mrs. BLACK, Mr. ROGERS of Ala- H.R. 3589: Mr. FORTENBERRY and Ms. H.R. 32: Mr. AL GREEN of Texas and Ms. bama, Mr. ALEXANDER, Mr. CRAVAACK, Mr. BUERKLE. SCHAKOWSKY. WESTMORELAND, Mr. ANDREWS, Mrs. MILLER H.R. 3606: Mr. DOLD, Ms. HAYWORTH, and H.R. 104: Mr. DINGELL. of Michigan, Mr. GARDNER, Mr. MCKINLEY, Mr. ROYCE. H.R. 177: Mr. HARRIS. Mr. KINZINGER of Illinois, Mr. KING of New H.R. 3627: Mr. HONDA and Mr. SESSIONS. H.R. 191: Mr. RANGEL. York, Mr. TURNER of New York, Mr. FLEM- H.R. 3638: Mr. CAPUANO, Mr. JOHNSON of H.R. 265: Ms. CLARKE of New York. ING, Mr. NEUGEBAUER, Mr. GIBSON, Mrs. CAP- Georgia, and Ms. SCHAKOWSKY. H.R. 266: Mr. SABLAN. ITO, Mr. FARENTHOLD, Mr. AUSTIN SCOTT of H.R. 3639: Mr. WEST and Mr. WOMACK. H.R. 267: Mr. SABLAN. Georgia, Mr. STEARNS, Mr. BURGESS, Mr. H.J. Res. 8: Ms. HOCHUL. H.R. 452: Mrs. ADAMS. BACHUS, Mr. RENACCI, Mr. GRIFFITH of Vir- H.J. Res. 86: Ms. ESHOO. H.R. 507: Mr. THOMPSON of Pennsylvania ginia, Ms. JENKINS, Mr. HUELSKAMP, Mr. H.J. Res. 88: Mr. COOPER. and Mr. GERLACH. FLEISCHMANN, Mr. GRIMM, Mr. HUIZENGA of H.J. Res. 92: Mr. GRIJALVA. H.R. 620: Mr. JONES. Michigan, Mr. YOUNG of Alaska, Mr. H. Con. Res. 85: Mr. GENE GREEN of Texas H.R. 721: Mr. RIVERA, Mr. WITTMAN, Ms. BENISHEK, Mr. CAMPBELL, Mr. LANCE, Mr. and Mr. PETERSON. WILSON of Florida, Ms. WASSERMAN SCHULTZ, FRELINGHUYSEN, Mr. CONAWAY, Mr. NUGENT, H. Con. Res. 87: Mr. MICHAUD and Mr. and Ms. EDDIE BERNICE JOHNSON, of Texas. Ms. BUERKLE, Mrs. ADAMS, Mr. MANZULLO, FALEOMAVAEGA. H.R. 733: Mr. CARDOZA, Mr. HURT, and Mr. and Mr. ADERHOLT. H. Res. 282: Mr. BERMAN. REED. H.R. 2484: Mr. YOUNG of Florida. H. Res. 475: Mr. JONES, Mr. SCHILLING, Mr. H.R. 735: Mr. REHBERG. H.R. 2492: Mr. MCNERNEY, Mr. QUIGLEY, and GRIFFIN of Arkansas, and Mr. BOUSTANY. H.R. 876: Ms. CHU. Mrs. BIGGERT. H. Res. 490: Mr. LONG, Mr. GOHMERT, Mr. H.R. 890: Mr. BUCHANAN, Mr. CRENSHAW, H.R. 2499: Ms. BERKLEY. WALSH of Illinois, Mr. GOWDY, Mr. GRAVES of and Mr. PETERSON. H.R. 2536: Mr. THOMPSON of Pennsylvania Georgia, Mr. FINCHER, Mr. AKIN, Mr. HARRIS, H.R. 1063: Mr. SCOTT of South Carolina and and Mr. GERLACH. Mr. COLE, Mr. TIBERI, Mr. LAMBORN, Mr. Mr. JOHNSON of Ohio. H.R. 2543: Mr. DEFAZIO. FLEMING, Mr. AUSTIN SCOTT of Georgia, Mr. H.R. 1148: Mr. TIERNEY and Mr. INSLEE. H.R. 2786: Mrs. MALONEY and Mr. ISRAEL. POSEY, Mr. KING of Iowa, Mr. BROOKS, Mr. H.R. 1193: Mr. RIVERA. H.R. 2874: Mr. PENCE. ROE of Tennessee, Mrs. LUMMIS, Mr. FLORES, H.R. 1206: Mr. FRELINGHUYSEN. H.R. 2881: Ms. WATERS. Mr. MULVANEY, Mr. STUTZMAN, Mr. GINGREY H.R. 1259: Mrs. EMERSON and Mr. ROYCE. H.R. 2996: Mr. JONES. of Georgia, Mr. DESJARLAIS, Mr. KELLY, Mrs. H.R. 1288: Mr. ACKERMAN. H.R. 3053: Mr. PAYNE. NOEM, Mr. TURNER of New York, Mr. AMODEI, H.R. 1294: Mr. ENGEL. H.R. 3082: Mr. RIBBLE. Mr. CRAWFORD, Mr. BENISHEK, Mr. BARTON of H.R. 1295: Mr. ENGEL. H.R. 3122: Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CARTER, Mr. POMPEO, Mr. ROKITA, H.R. 1332: Mr. MARKEY, Mr. LEWIS of Cali- Texas. Mr. SENSENBRENNER, Mr. HULTGREN, Mr. fornia, Mrs. MCMORRIS RODGERS, Mr. HANNA, H.R. 3129: Mr. MORAN. MCCOTTER, Mr. SESSIONS, Mr. TIPTON, Mr. Mr. RUPPERSBERGER, Ms. LEE of California, H.R. 3162: Mr. BACHUS. MICA, Mrs. BLACK, Ms. BUERKLE, Mr. Mr. DOGGETT, Mr. BRALEY of Iowa, Mr. H.R. 3242: Ms. LEE of California. PALAZZO, Mr. HUELSKAMP, Mr. WESTMORE- JONES, Mr. DOLD, Mr. DEUTCH, Ms. CASTOR of H.R. 3269: Mr. SCALISE, Mr. HONDA, Mr. LAND, Mr. ROSS of Florida, Mr. MCHENRY, Florida, and Mr. ENGEL. ROKITA, Mr. MCNERNEY, Mr. THORNBERRY, Mr. COFFMAN of Colorado, Mr. POE of Texas, H.R. 1418: Mr. LOBIONDO. Mr. TIERNEY, Mr. YODER, Mr. ROE of Ten- Mr. QUAYLE, and Mr. REHBERG. H.R. 1463: Mrs. ELLMERS. nessee, Mr. YOUNG of Florida, Mr. SCOTT of H. Res. 492: Mr. JONES. H.R. 1513: Ms. HIRONO, Ms. PINGREE of South Carolina, Mr. HIMES, Mr. BUCHANAN, f Maine, Mr. CLARKE of Michigan, Mr. MEEKS, Mr. CLARKE of Michigan, Mr. VAN HOLLEN, Ms. SLAUGHTER, and Mr. CUMMINGS. Mrs. MALONEY, Mr. HINCHEY, Mr. SARBANES, CONGRESSIONAL EARMARKS, LIM- H.R. 1524: Mr. GRIJALVA. and Mr. MCCOTTER. ITED TAX BENEFITS, OR LIM- H.R. 1672: Mr. MEEKS, Mr. HANNA, Mr. H.R. 3276: Mr. BILIRAKIS, Mr. WEST, Mr. ITED TARIFF BENEFITS SERRANO, Ms. HOCHUL, and Mr. SMITH of New DIAZ-BALART, Mr. BUCHANAN, and Mr. YOUNG Jersey. of Florida. Under clause 9 of rule XXI, lists or H.R. 1697: Mr. LATOURETTE and Mr. AKIN. H.R. 3324: Mr. HONDA. statements on congressional earmarks, H.R. 1704: Mr. THOMPSON of Pennsylvania H.R. 3368: Mr. CLARKE of Michigan. limited tax benefits, or limited tariff and Mr. GERLACH. H.R. 3399: Mr. HOLDEN and Mr. CHANDLER. benefits were submitted as follows: H.R. 1738: Mrs. BIGGERT, Mr. FITZPATRICK, H.R. 3400: Mr. DESJARLAIS, Mr. GUINTA, Mr. [Omitted from the Record of December 14, 2010] and Mr. THOMPSON of Pennsylvania. COLE, and Mr. PITTS. H.R. 1744: Mr. FLEISCHMANN. H.R. 3423: Mr. TERRY, Mr. GRIFFIN of Ar- OFFERED BY MR. CAMP H.R. 1834: Mr. BROUN of Georgia. kansas, Mr. MURPHY of Pennsylvania, Mr. H.R. 3659, The provisions that warranted a H.R. 1956: Mr. GRAVES of Missouri. MILLER of North Carolina, Mr. DONNELLY of referral to the Committee on Ways and H.R. 1978: Mr. GRIJALVA and Mr. FILNER. Indiana, Mr. HULTGREN, Mr. TURNER of New Means in the Welfare Integrity and Data Im- H.R. 2020: Mr. LARSON of Connecticut. York, Mr. JACKSON of Illinois, Mr. BRALEY of provement Act do not contain any congres- H.R. 2040: Mrs. BLACK. Iowa, Mr. BACHUS, Mrs. LOWEY, Mr. STARK, sional earmarks, limited tax benefits, or lim- H.R. 2093: Mr. MARCHANT. Mr. HONDA, and Ms. PINGREE of Maine. ited tariff benefits as defined in clause 9 of H.R. 2098: Mr. HOLT and Ms. WOOLSEY. H.R. 3425: Mr. FARR. rule XXI.

VerDate Mar 15 2010 13:50 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00464 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.034 H15DEPT1 tjames on DSK6SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, DECEMBER 15, 2011 No. 193 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator Appropriations chief of staff Charlie called to order by the Honorable TOM from the State of New Mexico, to perform Houy, along with my chief of staff UDALL, a Senator from the State of the duties of the Chair. David Krone, and I think we have made New Mexico. DANIEL K. INOUYE, pretty clear the issues that relate to President pro tempore. the omnibus. I think, according to Sen- PRAYER Mr. TOM UDALL thereupon assumed ator INOUYE, those issues should be re- the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- solvable. We have a few issues that are pore. fered the following prayer: still outstanding, but they are small in Let us pray. f number. O Merciful God, creator of humanity, RECOGNITION OF THE MAJORITY The House is suggesting moving for- You are the father of all. Equip our LEADER ward on an individual bill. I think that lawmakers for today’s tasks. Give would be a mistake. I think what we them wisdom and understanding so The ACTING PRESIDENT pro tem- should do is the conference report, and that their priorities will reflect Your pore. The majority leader is recog- I think that is the direction we are purposes. Give them patience and skill nized. headed. There are a couple of issues we so that their words will have persua- f have to still work out with the White House, but I am in touch with them sive power. Give them respect and ci- SCHEDULE vility so that Your presence will be felt also. in this Chamber. Mr. REID. Following leader remarks, On the payroll tax and unemploy- We thank You for Your presence in we will be in a period of morning busi- ment tax extenders and SGR, the Re- our world and for the official cessation ness for 1 hour. The Republicans will publican leader and I have been in dis- of hostilities in one area of our planet. control the first half and the majority cussion on that issue. We hope we can Guided by Your presence, put into the will control the final half. come up with something that would hearts of our lawmakers Your concern Following morning business, the Sen- get us out of here at a reasonable time for the lost, the lonely, and the least in ate will be in executive session, as the in the next few days. order of last night indicates, to con- our Nation and world. f We pray in Your sacred Name. Amen. sider the nomination of Morgan Chris- ten of Alaska to be a U.S. circuit judge f RECOGNITION OF THE MINORITY for the Ninth Circuit. There will be 30 LEADER PLEDGE OF ALLEGIANCE minutes of debate on that nomination. At a time to be determined later today, The ACTING PRESIDENT pro tem- The Honorable TOM UDALL led the there will be a vote on confirmation of pore. The Republican leader is recog- Pledge of Allegiance as follows: that nomination. nized. I pledge allegiance to the Flag of the We are almost certain we are going f United States of America, and to the Repub- to consider today the Department of lic for which it stands, one nation under God, RESOLVING THE ISSUES indivisible, with liberty and justice for all. Defense authorization conference re- port. The issue is how much time peo- Mr. MCCONNELL. Mr. President, I f ple may need, but I think we can work might just echo the remarks of the ma- APPOINTMENT OF ACTING that out very quickly. jority leader. We have been in useful PRESIDENT PRO TEMPORE f discussions about how to wrap up the session. He has covered the two major The PRESIDING OFFICER. The RESOLVING THE ISSUES clerk will please read a communication issues that remain. We hope to be able to the Senate from the President pro Mr. REID. Mr. President, the Repub- to pass a combination of appropria- lican leader and I have done enough tions bills, and we are working hard to tempore (Mr. INOUYE). The assistant legislative clerk read back and forth, staking out our posi- figure out a way to resolve the remain- the following letter: tions, and our positions are fairly clear ing differences on the payroll tax ex- to the American people. What we are tension and the related issues that are U.S. SENATE, going to try to do during the next few important to both sides. We are con- PRESIDENT PRO TEMPORE, Washington, DC, December 15, 2011. hours is work toward resolving some of fident and optimistic we will be able to To the Senate: the outstanding issues. resolve both on a bipartisan basis. Under the provisions of rule I, paragraph 3, I just had a very comfortable con- Mr. REID. Would the Chair announce of the Standing Rules of the Senate, I hereby versation with Senator INOUYE and his the business of the day.

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

S8619

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VerDate Mar 15 2010 03:31 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.000 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8620 CONGRESSIONAL RECORD — SENATE December 15, 2011 RESERVATION OF LEADER TIME Program at the end of this month— How did this administration—one The ACTING PRESIDENT pro tem- shut it down. that claims to be fiscally responsible, pore. Under the previous order, the Remember, President Obama and one that claims to be accountable, one leadership time is reserved. Washington Democrats touted their that claims to be open—how did this early retiree program. They touted administration allow this program to f that as one of the health care law’s run out of money years ahead of sched- MORNING BUSINESS early—they called it an early deliver- ule? It went broke because certain cor- able, something that would be there porations and union-affiliated organi- The ACTING PRESIDENT pro tem- immediately. The health care law’s zations rushed to grab a taxpayer bail- pore. Under the previous order, the supporters said this early retiree pro- out. Senate will be in a period of morning gram would act, they said, as a bridge. It is astonishing that the health care business for 1 hour with Senators per- They said the program would help em- law’s supporters forced the American mitted to speak therein for up to 10 ployers maintain health insurance cov- taxpayers to foot the bill to keep pri- minutes each, with the time equally di- erage for retirees over the age of 55 but vate companies’ and unions’ health in- vided and controlled between the two not yet eligible for Medicare. They said surance benefit promises to their work- leaders or their designees, with the Re- this program would help people keep ers. Most Americans would be shocked publicans controlling the first half and their insurance plan until the new and outraged to learn the administra- the majority controlling the final half. health insurance exchanges were up tion did not even require companies to The Senator from Wyoming. and running in 2014. disclose their earnings in order to get Mr. BARRASSO. Mr. President, are It is only 2011 now, and they are try- the early retiree program funding. we in a quorum call? ing to talk about a bridge to 2014. It Let me repeat that. The Department The ACTING PRESIDENT pro tem- quickly became clear the program was of Health and Human Services chose to pore. The Senate is currently in ses- intended to be a bailout—a bailout—for not mandate that employers prove— sion. companies with a large number of prove—they needed funding from the f union employees. early retiree program before approving A SECOND OPINION On October 31 of this year—Hal- the applications and then sending loween day—the senior Senator from them—those corporations and those Mr. BARRASSO. Mr. President, I my home State of Wyoming, the rank- union plans—taxpayer dollars. The De- come to the Senate floor today, as I ing member of the Senate Health, Edu- partment of Health and Human Serv- have just about every week since the cation, Labor, and Pensions Com- ices said: No. Here is your money. health care law was passed, to give a mittee, MIKE ENZI, released a report. News reports indicate small busi- doctor’s second opinion about the That Halloween day report is a report nesses asked the administration to set health care law. I do that because I the Senator asked for. It was a report up a review process to stop government practice medicine in Casper, WY, as an he asked the Government Account- entities and unions from consuming all orthopedic surgeon, taking care of fam- ability Office to conduct, specifically this early retiree program money. Ac- ilies from all across our State, and I looking into the early retiree pro- cording to the GAO report, the admin- have significant concerns about the gram’s implementation. istration refused. They decided to dis- health care law as it was passed, the This is why the report is so scary: tribute early retiree subsidies on a first way it was passed, and what was in- The GAO, the Government Account- come, first served basis. cluded in the law. ability Office, said through the end of The GAO findings and the House En- So I come to the floor today because September of 2011, the administration ergy and Commerce Committee report the American people continue to see had already spent more than half the $5 suggest the Obama administration used one news story after another uncover- billion allocation—more than half al- the Early Retiree Reinsurance Pro- ing another error in the health care ready spent by September of 2011. gram to reward its political allies. law, another mistake in the health Let’s fast forward to December 14, These two reports suggest this admin- care law, another glitch in the health 2011. We are talking about yesterday. istration did so by directing most of care law. Call it what you will, we con- The House Energy and Commerce Com- the program’s resources to plans serv- tinue to see more of the health care mittee released updated information ing unionized auto and government law’s unintended consequences—some- about the early retiree program’s workers. thing that those who voted for it didn’t spending. As of last Friday, December This is based on the administration’s foresee as happening—and we are also 9, 2011, the Obama administration—the own data: Based on the administra- seeing another one of the President’s people in charge of this bill, the people tion’s data, nearly half of the entire $5 broken promises. who wanted it, passed it, said it would billion program will be spent on just 20 I come to share with the American work—said: Oh, we have now spent over entities. It is fascinating that the most people concerns I have as more and $4.5 billion of the $5 billion budget—91 money of all—the most money of all— more of these things come forward be- percent of the total early retiree pro- went to the United Auto Workers Re- cause hard-working individuals and gram budget. It was supposed to last tiree Medical Benefits Trust. So how families all across the Nation realize through 2014, and 91 percent of it is much did the United Auto Workers this health care law was not passed for gone. The budget should have lasted need? They took over $387 million. someone such as them. What people 1,300 days. Instead, this administration Administration officials said the rea- asked for, the reason we went through drained the money—taxpayers’ money, son they are giving away the tax- the discussion and the debate had to do hard-earned dollars—in just 579 days. payers’ money so fast is because the with the fact that people wanted the The early retiree program has run program is so popular. Spending money care they need, from the doctor they out of money so fast that it is going to fast does not mean this government want, at a cost they can afford. be forced to close 2 years early. The ad- and this administration is spending When I say people all across the ministration has said it is no longer taxpayer dollars wisely. country realize the health care law was going to pay out claims submitted Similar to so many parts of the not passed for someone such as them, after December 31 of this year. health care law, the early retiree pro- and it was passed for someone else, The health care law’s supporters gram just throws money at a problem that is the reason I come to the floor promised the early retiree program rather than trying to fix it. We could to talk specifically about something would stay in place through January have worked together in Congress. We called the Early Retiree Reinsurance 1st of 2014. What we have is another could have worked together to help our Program, which is part of the health broken promise. Just a little over a Nation’s early retirees have better ac- care law. month after the GAO report was re- cess to health insurance. We could have On Friday, December 9—1 week ago— leased, we are now finding out this ad- done it by enacting meaningful health the Department of Health and Human ministration spent more than $4.5 bil- care reform—health care reform that Services announced its plan to shut lion of the total $5 billion allocation actually lowers the cost of medical down the Early Retiree Reinsurance that was supposed to last until 2014. care.

VerDate Mar 15 2010 03:31 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.001 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8621 Remember, that is what the Presi- other extension of the payroll tax cut is what they wanted. They wanted that dent promised. That is what he prom- we put into place in 2010. out of the bill. So that was out of the ised in a joint session of Congress. He I want to provide a little bit of back- bill. The surtax was reduced. We are at stood there, and he said under his plan ground by way of recent history. We the point where we are talking mostly the cost of health insurance would ac- started this debate a number of weeks about expanding and extending—I tually go down. He used the term ago when I proposed legislation which should say extending first, extending ‘‘about $2,500 per family per year.’’ would do the following—this is a brief and hopefully expanding the payroll That is what he promised; that the cost summary. But here is what I proposed: tax cut that we put in place last year of health insurance for American fami- that we would not only continue the for workers, 160 million workers, and lies would go down by $2,500 a year. payroll tax cut for workers, but that as we cut it in half, $1,500 in the take- What are families at home seeing? we would enlarge it, make it a bigger home pay of workers, $1,500 in your They continue to see the cost of their cut. So instead of having the payroll pocket, so you would not have, absent health insurance go up—and go up a tax cut for employees across the coun- this action, as last year, $1,000 dollars lot. The President and Washington try that would amount to $1,000, as we in your pocket in take-home pay, be- Democrats squandered their chance to did last year—that was the right thing cause of the action we took last year. enact real health care reform, and they to do last year as part of the larger Here we are now, all of these days did that the moment they decided to bill—I thought we should go further later, several weeks now of debating ram a very partisan health care law and cut the payroll tax in half for this issue. For whatever reason, the through Congress and ignore the cries workers across America. other side does not want to have a vote of the American people—people at What we are talking about here is 160 on a measure the House passed. I do home who said: Stop. Do not do this. million American workers. This is not not understand that. I realize the votes Now the American people are seeing, some small matter. This is a major are not there, but I think it is very im- once again, the consequences of those issue for the American people and for portant that we move forward and actions by this President and the those 160 million families in America. come to an agreement on a very funda- Democratically controlled Congress, That is what I proposed on the em- mental issue for the American people. seeing that the consequences are ones ployee side; instead of cutting it to the They know, as well as everyone here they, the American people, continue to level we did last year, we cut it even knows, this is not in dispute, it is a have to pay for. more—cut it in half. fact, that if we pass a payroll tax cut It is time to repeal the President’s Then I added to that a provision for for 160 million Americans, the impact health care law. We need to get back to business so that you would have busi- on the economy will be seismic, sub- patient-centered care, the care people nesses across the United States, 98 per- stantial—you can pick your word—it need, from the doctor they want, at a cent of them, also get their payroll will have a huge positive impact on our economy. cost they can afford. taxes cut in half as well. So you have The corollary to that is if we do not At this point, I continue to come to employees and employers getting a cut do this, it will have a very adverse, the floor because I continue to believe of their payroll tax obligations in half. negative impact on gross domestic this health care law is bad for patients, I added a third element, which would product and on jobs. So if you want to it is bad for providers—the nurses and be a credit, so that if you are a busi- ness and you add to your payroll, reduce the number of jobs created in doctors who take care of those pa- America in 2012—I do not know anyone tients—and it is terrible for the Amer- meaning you hire someone, you in- crease wages, you somehow increase who wants to do that, but if that is ican taxpayers. That is why, as I go what you want to do, not taking action your payroll, you could get not just a home every weekend and talk to people is a way to do that. cut in your payroll tax as applies to around my home State, they say: This We hear phrases in Washington all of was not passed for me. This was a law those new employees or wages, you the time: Job killer. Not passing a pay- passed for somebody else. It is why sen- would have a full cut. In other words, roll tax cut extension for 160 million iors on Medicare know $500 billion you would pay zero, zero payroll tax if Americans is a job killer, without a under the health care law was taken you added to your bottom line. doubt. from Medicare, not to save Medicare What you have here is three elements Anyone who is credible in this town but to start a whole new government in legislation that would not only help knows that. This is something the program for other people. It is why the 160 million workers but would help American people want us to do. They popularity of this health care law actu- most of the businesses in America. I are tired of the finger-pointing and ally continues to go down—and it is put into the legislation a provision whining and the politics of Wash- less popular today than it was the day that says if we are going to do all of ington. They want us to get this done. it was passed. this, we need to pay for it. We had a We should get it done—if we are doing It is time to repeal the President’s full series of ways to pay for it. One of the right thing—today or tomorrow, health care law and replace it with those was, of course, the provision of but we have some people who are play- health care proposals to help Ameri- the surtax on individuals with incomes ing games. cans get the care they need, from the above—the key word is ‘‘above’’—$1 I hope our friends on the other side of doctor they want, at a cost they can af- million. So if you are making $1 mil- the aisle, who talk a lot about tax cuts ford. lion, that entire million dollars was and a lot about helping folks through I yield the floor. tax free; not a dime of surtax until you this recession, will vote with us to cut I suggest the absence of a quorum. went above it. We had it at 2.2 percent. the payroll tax and end this long de- The ACTING PRESIDENT pro tem- We had a vote on it. It was rejected by bate that doesn’t make much sense. We pore. The clerk will call the roll. the other side. I said: Well, okay, let’s have a lot of other issues to debate, but The assistant legislative clerk pro- come together. We will work with the this should not be one of them because ceeded to call the roll. other side, our leadership, and take we have been working on this for Mr. CASEY. Mr. President, I ask into consideration some of the con- weeks. unanimous consent that the order for cerns the other side raised, trying to be The American people understand the quorum call be rescinded. reasonable, trying to compromise and what this is about. This is about take- The ACTING PRESIDENT pro tem- come together. home pay. This isn’t a complicated pore. Without objection, it is so or- What we did is we reduced the surtax issue. We are either going to put more dered. substantially to 1.9 percent, a big cut, money in their pockets or we are not. f a big reduction in the level of the sur- It is very simple. We believe, on this tax. As I said, I wanted to have a pay- side of the aisle—and I think the over- PAYROLL TAX CUT EXTENSION roll tax cut for businesses across Amer- whelming majority of Americans be- Mr. CASEY. Mr. President, I rise this ica. The other side did not want that, lieve this—that if workers have more morning to talk about an issue that for whatever reason. The other side did take-home pay in their pockets, the the American people expect us to take not want to cut payroll taxes for busi- impact on the economy will be very action on, and that is to provide an- ness. I do not understand that, but that positive.

VerDate Mar 15 2010 03:31 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.003 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8622 CONGRESSIONAL RECORD — SENATE December 15, 2011 We had Mark Zandi do some analysis. omy is still in difficult shape but that about $53,000 a year—the amount that He is a great economist who has pro- their own lives—and so many people payroll tax deduction has been cal- vided data and information for people are leading lives of struggle and sac- culated to be is somewhere in the range on both sides of the aisle for a long rifice and anxiety about the future. of $1,000 a year. Now, that means about time. He is a very credible, capable But this is one step we can take—pass- $100 a month for families who are economist. Our staff asked him to look ing the payroll tax cut—that would working and enjoying this payroll tax at the impact just on Pennsylvania— give them some peace of mind that cut. just one State but a big State, and I moving into 2012 they will have more I know what is happening with that think it is reflective of the country in dollars in their pockets. I hope it will money. It is being spent, and spent a lot of ways. The basic analysis was, if be $1,500, but at least we should do quickly, by many working families who we don’t pass the payroll tax cut for what we did last year and make sure have a job but are struggling from pay- workers, what happens in Pennsyl- those 160 million workers in America check to paycheck. If gasoline prices vania? The impact in 2012 would be a have as much as $1,000, on average, in go up, if utility bills are higher than loss of just shy of 20,000 jobs, roughly their pockets. That would be good for expected, then the amount they 19,500 jobs. This is in a State where we that worker and his or her family, the thought they had put away as a reserve need to create a lot more jobs. But we community, and all of us because it quickly vanishes. Particularly at the know that in 2011—the year is not would help kick-start, jump-start eco- holiday season, when kids need warm over—the most recent number of jobs nomic growth and job creation when clothes, when they need to keep the added in Pennsylvania in the last year we badly need that in the midst of a house warm for the family, and they was over 50,000. I believe we can come still very difficult recession. are trying to put a few things under to a number like that in 2012. Mr. President, we are going to keep the Christmas tree, that $100 is more If we don’t pass the payroll tax cut on this, keep pushing, and keep making than just a small amount. It could for those 160 million workers, in a sure the American people know what is mean a lot to a family, and it is going State such as Pennsylvania the effect at stake. For those 160 million Ameri- to expire. On January 1 it goes away. is that we lose 20,000 jobs. You can do cans who are waiting for us to take ac- As of January 1, these working fami- the math and extrapolate from that to tion, as well as what is at stake for the lies will see their paychecks reduced by indicate what would happen to the larger economy, if we do this—pass the about $100 a month, on average. Now, country. So in a State where we had a payroll tax cut—and if we do the right Members of Congress—Members of the net gain of more than 50,000 jobs last thing on extending unemployment in- Senate—may not feel that, but a lot of year, we are talking about not putting surance, we can move into 2012 with working families will. We cannot leave in place a tax cut policy, and that some confidence, while being aware it Washington in good conscience without would cut that job gain a little less is still difficult, that the economy will extending the payroll tax cut. than half. So instead of creating 50,000 grow a little more, jobs will be created President Obama has been talking jobs, you would create 40 percent less. at a higher rate, and we can have some about this for 3 months. He has taken That doesn’t make any sense under confidence that we can end 2012 with a his case to the American people—first anyone’s analysis about what we stronger economy than we had at the to Congress then to the American peo- should be doing. end of this year. ple. He has gone from State to State, It is critically important that we I hope our friends will come across community to community, and identi- take steps in the next few days—I hope the aisle, so to speak, and work with us fied what this payroll tax cut means to in the next few hours—to finally pass a to get this done because the American individual families. Then he has spo- payroll tax cut and to also make sure people are tired of the politics and the ken to America and said it is more we don’t harm the economy as well by fighting. They want us to come to- than just being compassionate to those failing to take action on unemploy- gether on a new payroll tax cut for who are struggling, it is an important ment insurance. Again, unemployment 2012. We can do it, they support it, and part of restoring economic growth in insurance is not just for that worker we should get this done. America. Money that is given in pay- and his or her family to get back on I yield the floor and suggest the ab- roll tax cuts to working families is their feet after they lost their job sence of a quorum. spent and respent in salaries for those through no fault of their own, it also The ACTING PRESIDENT pro tem- who work at the shops and businesses has a positive impact on the economy. pore. The clerk will call the roll. that provide goods and services where You spend a buck on unemployment in- The legislative clerk proceeded to working families do their work. surance, and you get back almost two call the roll. So the payroll tax cut is more than bucks—$1.90. Whether it is $1.50 or Mr. DURBIN. Mr. President, I ask helpful to individual families; it is $1.90, we know that if you spend a dol- unanimous consent that the order for good for the overall economy to reduce lar, all of us get in return something the quorum call be rescinded. our unemployment. That is why we much more substantial than that dol- The ACTING PRESIDENT pro tem- cannot leave without enacting it. We lar we put in. pore. Without objection, it is so or- have come up with what I consider to We need to do both of these things, dered. be a responsible, thoughtful way to pay take both of these actions for the larg- f for it. We impose a surtax on those er economy. This isn’t about one group making over $1 million a year, but we benefiting and another group not. Both TAX CUTS AND UNEMPLOYMENT exempt the first $1 million in income of these actions—reducing the payroll Mr. DURBIN. Mr. President, we are they receive. tax for workers and unemployment in- all in the holiday spirit, at least par- So if a person is being paid $20,000 a surance—will have a substantial im- tially, knowing that our families and week—that is what a millionaire would pact on everybody. It will help the the people we love are waiting for us make each year—their taxes don’t go economy for the American people. back home and around the country to up. But for the next $1 million they In the payroll tax cut, there is a par- celebrate this once-a-year holiday oc- make, there is a surtax of a few per- ticular significant group of Americans currence. But we know we can’t leave. centage points. I think that is reason- who would be most positively im- We can’t leave Washington until we get able. I think people who are com- pacted; that is, those 160 million Amer- our job done. fortable and well off and, frankly, ican workers. I believe most folks out The job we have to do is to be mind- lucky to be living in this country there who are in the holiday shopping ful of important measures that need to should be willing to sacrifice a little to season—maybe they are finished shop- be enacted into law before any of us help working families. ping or maybe they are still making can leave this town with a clear con- We could only find one Republican purchases—would like the peace of science. One is the payroll tax. Cur- Senator who would join us in this ef- mind to know they can spend a little rently, those working—160 million fort to put a higher tax on the wealthi- extra for that gift for a loved one, and Americans—get a 2-percent reduction est in America to help working fami- maybe they can have a little more in the payroll tax every pay period. For lies across America—only one. We need peace of mind knowing that the econ- the average family in Illinois—making more. It takes 60 votes in the Senate.

VerDate Mar 15 2010 03:31 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.005 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8623 We have a nominal majority in the the south side of Chicago. She wrote Continuing the payroll tax cut puts Senate on the Democratic side with 53, that her husband Theodis Hoskins, who money into the hands of consumers but it takes 60 to do anything of great has a college degree, had been out of who are likely to spend that money. controversy, and this is one that is work for more than 2 years. His unem- That is how you jump start an econ- controversial. We could only get Sen- ployment insurance had run out, and omy that is driven by consumer spend- ator COLLINS of Maine who would step Mrs. Hoskins had just started a second ing—not by giving bigger tax breaks to over and join us in this bipartisan ef- job to help support their family. She individuals and corporations that are fort. We are searching for other ways wrote, ‘‘My body is tired and I often already sitting on record amounts of to do this, with the understanding that feel weak.’’ cash. it has to be done. The payroll tax cut This is how Mrs. Hoskins described We also need to maintain unemploy- has to be done. her husband’s job search in an economy ment benefits for workers who have But let me say there is another part where there are still five job seekers lost their jobs through no fault of their to this that I think is equally impor- for every available job: own, have exhausted all of their state tant; that is, maintaining unemploy- My husband has stood in long lines at the unemployment benefits and still can’t ment benefits for the millions across job fairs located at Chicago State Univer- find work. America who are out of work. This re- sity, St. Sabina Church, and for the Ford Mr. President, there are a lot of holi- cession has gone on for a long period of plant in Chicago. He has stood out in these day traditions we look forward to. This time. People are unemployed for longer hot lines just to have people inside the build- new holiday tradition our Republican ing take his resume and say, ‘apply online.’ periods than they ever imagined. In colleagues have started—threatening fact, there are four unemployed people What a waste and how humiliating after hav- ing news cameras expose your current situa- to cut off unemployment benefits— for every available job. tion with no results. isn’t one of them. As I visit the centers where people For the second holiday season in a are struggling to make their resumes She went on to say: He has applied for state jobs, federal jobs, row, unemployed workers and their more timely and to respond to classi- families are being threatened with an fied ads and requests from those who temp jobs, and gone through city agencies and has not had any results. Interview after imminent cutoff of federal unemploy- would like to hire, I find these people interview. This is humiliating for a man who ment benefits. working day in and day out in an effort used to take two buses and two trains to get If Republicans refuse to maintain un- to try to find a job. They are serious to work from the Southside of Chicago to employment benefits, 2 million Ameri- about it. Rosemont, Illinois. cans will lose their jobless benefits by Those who would dismiss them and Mrs. Hoskins said she could never un- the end of February. say, as long as they are receiving un- derstand politicians who say that peo- The Congressional Budget Office ana- employment benefits, they are going to ple like her husband were ‘‘lazy and did lyzed 11 different steps Congress could be too lazy to look don’t know what not want to get up and find a job be- take to stimulate the economy. The that life is like. They do not under- cause they are getting unemployment most efficient short-term economic stand what these people go through. checks.’’ stimulus by far is extending unemploy- When I meet with unemployed people She asked: ment benefits. who have been out of work for some pe- How could they make such a statement Every dollar we spend on unemploy- riod of time, the first question I ask is, about a man who had steady employment ment generates $1.90 in economic activ- What has happened to your health in- and good benefits? Who wants to collect an ity. That is a 90 percent return on in- surance? Overwhelmingly, the answer unemployment check and not have benefits vestment. Nothing else comes close. is, Gone; no health insurance protec- for their family? According to the U.S. Census, emer- tion for my family because I lost my We have a modest home, one automobile, gency unemployment benefits kept 3.2 job, and my job brought me my health and we do not live above our means. We are million Americans from slipping into insurance protection. That is the re- trying to keep things together, but it is dif- ficult. ality. poverty last year. When I saw the bill that came over She closed her letter with a request: If the extended benefits aren’t re- from the Republican side this week, it Can you please get this message across to newed, economist warn, economic troubled me. There are two provisions the politicians? growth next year could slow by up to a in there that I think are mindless and, Like so many American families, the half-percentage point. frankly, don’t reflect the reality of Hoskins family lost a lot of ground fi- Some of our Republican colleagues what people face in this recession. One nancially while Theodis Hoskins was who want to end the payroll tax cut for of them would authorize the States to out of work. working families say they are con- give drug tests to people who are un- Fortunately, there is a happy post- cerned about the budget deficit. employed before they can get unem- script to this family’s story. We also have a serious jobs deficit in ployment benefits. After more than 2 years of looking, America. Is there a notion somewhere that Mr. Hoskins found a job. He is working They may be handing out million- people are not applying for work be- about 23 hours a week at a Costco store dollar bonuses again on Wall Street cause they are addicted to drugs? I in Chicago and he is grateful for the and corporations are sitting on record haven’t seen any evidence of that. This work. amounts of cash. But there are still plays into the thought process these The last thing the Hoskins family five job seekers for every available job people aren’t really trying because needs now is to lose $1,000 in income in America. they do not want to try. I don’t buy next year. Yet that is what will happen Here is a sobering statistic. In the re- that. I think that kind of attitude re- if Republicans refuse to extend the coveries from the previous three reces- flects the fact that those who support payroll tax cut for working families. sions, the longest average length of un- it and sponsor it never sit down to talk The Hoskins family and 160 million employment was 21 weeks; that was in to these people and to their families other working Americans will lose an July 1983. and understand what they are going average of $1,000 in income next year if The average length of unemployment through. Republicans insist on killing the pay- for this last recession, the Great Reces- There is an element that I think roll tax cut, which expires at the end of sion, is about 41 weeks—nearly twice hasn’t been spoken of much but should this month. the previous record. be. What happens to a family when the This past summer, working families That is the longest average unem- major breadwinner is out of work for 3 in America suffered their biggest loss ployment since the government started months, 6 months, a year or more? It in wealth in more than 2 years. At the keeping records in 1948. turns out that some of the problems same time, corporations raised their Federal Reserve Chairman Ben may not be anticipated by some Mem- cash stockpiles to record levels. Bernanke calls long-term unemploy- bers of Congress or the Senate that Our Republican friends say all the ment a ‘‘national crisis.’’ should be. time that businesses need certainty. He is right. The idea that we would I received a letter from Lanesia Hos- You know what businesses need even abruptly end unemployment benefits kins, wife and mother of three, from more than certainty? Customers. for millions of Americans in the midst

VerDate Mar 15 2010 05:09 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.006 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8624 CONGRESSIONAL RECORD — SENATE December 15, 2011 of this national crisis is hard to be- A study released last April by the Yet another wrote: lieve. Centers for Disease Control shows that Unemployment dehumanizes the real per- Not since the Great Depression have suicide rates rise and fall with the son. They lose the essence of their identity so many Americans been out of work economy. and value. To become a number, a label, a re- for so long. It is the first study to examine the sume, a failure, a defect, unproductive, des- When I talk to people in my state relationships between age-specific sui- perate, wishful, delusional, depressed, poor and separated from respectful society. Being who are running food pantries and cide rates and the economy. unemployed is to be silently disrespected. On emergency shelters, they all tell me It found that suicide rates rose to an a par with being homeless, mentally ill or the same thing. They have never seen all-time high during the Great Depres- addicted. so many families struggling so hard for sion, fell during the expansionary pe- The website Unemployed-friends.com so long. riod following World War II, rose again is another place you can hear the sto- Go to an emergency food pantry and during the oil crisis of the early 1970s ries of unemployed Americans who are you will see America’s ‘‘new poor’’: and the double-dip recession of the trying to hang on. families who were solidly middle class early eighties, and fell to its lowest One person wrote: just a few years ago, who are now hav- level ever during the booming nineties. Living in constant fear and feeling helpless ing to ask for help for the first time in It also found the strongest link be- to do anything about it is bound to take its their lives. tween business cycles and suicide toll. I really feel like I am going to have It may start with a job loss. As weeks among people in prime working ages, 25 heart attack. Severe chest pains, shortness without a paycheck stretches into to 64 years old. of breath, heartburn, but it has been going It is too soon to know for certain on for months and I’m still here. By the way, months, many families find themselves no doctor will see me without money for in financial free fall. They may lose whether we will see another increase in tests up front. I’ve already had the consult their homes. suicide as the result of the Great Re- and that almost broke me. The inability to support one’s family cession that started in 2007, because Another wrote: financially very often leads to feelings government figures lag. But a prelimi- Another rejection notice from Lowe’s of shame and fear, which can lead to nary estimate by the CDC shows that today. Second time they’ve rejected me with isolation, which makes it even harder suicide ticked up slightly in 2009, be- the automated rejection notice—this time to find work. coming the 10th leading cause of death for ‘‘seasonal plumbing department asso- According to the Centers for Disease in the United States. ciate.’’ . . . I am willing to go from a 17-year Control, an estimated 6.6 percent of It is important to stress: It is never professional to working doing anything I can. Retail, washing cars, pumping gas, flip- Americans were ‘‘clinically depressed’’ just one factor that drives people to suicide, and most people who suffer ter- ping burgers . . . be it whatever. I cannot in 2001 and 2002. By last year, that per- even land that!!!!!. rible losses never even think about sui- centage had increased to 9 percent—an This is what one woman posted at 1 cide. But for those who are already almost 50 percent increase in 8 years. o’clock in the morning: Last year, the John J. Heldrich Cen- emotionally vulnerable, this time of unprecedented longterm unemploy- I’m so tired. I have no more fight left in ter for Workforce Development at Rut- me. I am a tough NY girl but this recession gers University in New Jersey released ment can be very dangerous. has sucked the life out of me. . . . I’ve ex- a comprehensive study of the emo- One more measure: Between 2004 and hausted all resources, borrowed from every- tional and mental health consequences 2010 calls to the National Suicide Pre- one, lost most of everything including my of long-term unemployment on individ- vention Lifeline increased 72 percent. pride and self esteem. I feel like nothing, a uals. Last year, almost 40 percent of calls to total zero, non-productive person. . . . I fully expect to look in the mirror one day and see The title of the study is, ‘‘The An- the hotline involved people with finan- cial and unemployment concerns. no reflection. I am fading away, becoming ir- guish of Unemployment.’’ relevant. How will I ever recover? Overwhelming majorities of the sur- The Atlantic magazine recently asked readers to share the one thing Peter Kramer is a professor of psy- vey’s respondents said they feel or have chiatry at Brown University and the experienced anxiety, helplessness, de- people didn’t understand or appreciate about looking for work. The responses author of two best-selling books, ‘‘Lis- pression, and stress after being without tening to Prozac’’ and ‘‘Against De- a job. poured in. One reader wrote: pression.’’ Many said they have experienced In a recent op-ed in The New York sleeping problems and strained rela- For those of us prone to depression, the job search can amount to a heroic effort. Times, he wrote: tionships and have avoided social situ- Another wrote: I began my psychiatry residency at a com- ations as a result of their job loss. munity mental health center. The director Carl Van Horn, a professor of public Possibly the worst thing about being un- liked to put trainees in their place. He’d policy and economics at Rutgers and employed is having to suffer through the trade any of us, he said, for a good employ- pundit and the politician classes gassing on head of the Heldrich Center said that ment counselor. Medication and psycho- interminably about what it’s like to be un- therapy were fine, but they worked better if America faces ‘‘a silent mental health employed, what kind of people are unem- epidemic’’ as jobless Americans face a patient had a job. . . . There is no sub- ployed and how they think and act, when stitute for the structure, support and mean- the financial, emotional, and social none of them knows or understands one ing that jobs offer. damn thing about it, nor do they even want consequences of being unemployed. He went on to say that if Congress One of the respondents in the Rut- to. Get down here on the ground, and try to wants to do something about this si- gers survey said: go a year on $350 a week with no hope in sight, and then tell us why the lazy unem- lent mental health crisis that is hurt- The lack of income and loss of health bene- ployed just need a good swift kick to get the ing so many Americans, the best thing fits hurts greatly, but losing the ability to country moving again. we can do is work with the President provide for my wife and myself is killing me emotionally. Still another wrote: to pass programs that will get Ameri- cans back to work. Children are especially sensitive to I am over the bruises to my ego . . . The worst thing though is the impact on my kids. I couldn’t agree more and I urge our the effects of unemployment in the We were making $120K plus two years ago. Republicans colleagues to do just that. family. They pick up on their parents’ Now, about $35K. Lost the house. Thankfully In the meantime, at the very least, stress and are more likely to suffer still in the same school. That said, the kids we need to maintain unemployment from poorer school performance and went from being respectably comfortable in benefits for people who have lost jobs low self-esteem. their cohort to being comfortable if tattered and are still looking and continue the One recent study found that children (used clothes, battered rental, same old car, payroll tax cut so that families that in families with an unemployed parent no summer trips, etc.). Thank God they are are working aren’t hit next year with a still young (just started third grade) but were 15 percent more likely to repeat a $1,000 tax increase. grade in school. we’re not having any sleepovers here no mat- ter how much they ask. I am afraid for the f In extreme cases, people who are social impact on them. They are so upbeat, ORDER OF PROCEDURE emotionally fragile and overwhelmed so enthusiastic. They don’t know we’re in a may see suicide as the only way out of ditch. It would break my heart if they fig- Mr. DURBIN. Mr. President, I ask their troubles. ured that out. unanimous consent that upon the use

VerDate Mar 15 2010 05:09 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.002 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8625 or yielding back of time on the Chris- nominee through, and I thank both of slowed it down. The chief judge of the ten nomination and the resumption of them. Today, we will take a step to- Ninth Circuit, Judge Alex Kozinski, a legislative session, Senator MCCAIN be ward addressing a serious vacancy cri- Reagan appointee, along with the recognized for up to 30 minutes as if in sis in the busiest Federal appeals court members of the Judicial Council of the morning business; that following Sen- in the country. I would hope, before we Ninth Circuit, have written to the Sen- ator MCCAIN’s remarks, the Senate pro- adjourn, that we could get the other 16 ate emphasizing the Ninth Circuit’s ceed to the consideration of the con- judges who have come out of the Judi- ‘‘desperate need for judges,’’ urging the ference report to accompany H.R. 1540, ciary Committee unanimously—every Senate to ‘‘act on judicial nominees the Department of Defense authoriza- Democrat and every Republican voting without delay,’’ and concluding that tion bill; that there be up to 3 hours of for them—that are on the calendar. I they ‘‘fear that the public will suffer debate, equally divided between the would hope before we adjourn we could unless our vacancies are filled very two leaders or their designees; that the get those done. promptly.’’ Senate proceed to vote on adoption of Mr. President, I thank the majority The judicial emergency vacancies on the conference report at a time to be leader for scheduling today’s vote. It the Ninth Circuit are harming litigants determined by the majority leader should not have taken more than 3 by creating unnecessary and costly after consultation with the Republican months to obtain Republican consent delays. The Administrative Office of leader; further, that no motions be in to consider the nomination of Justice U.S. Courts reports that it takes nearly 5 months longer for the Ninth Circuit order to the conference report other Christen after it was reported unani- to issue an opinion after an appeal is than budget points of order and the ap- mously by the Judiciary Committee on filed, compared to all other circuits. plicable motions to waive; and, finally, September 8. Her nomination has the The Ninth Circuit’s backlog of pending that upon disposition of the conference strong support of both of Alaska’s Sen- cases far exceeds other Federal courts. report, the Senate proceed to the con- ators, Republican Senator LISA MUR- KOWSKI and Democratic Senator MARK As of March 2011, the Ninth Circuit had sideration of H. Con. Res. 92, a concur- 13,913 cases pending before it. The sec- rent resolution to correct the enroll- BEGICH, who introduced Justice Chris- ten to the Judiciary Committee at her ond closest—the Sixth Circuit—had ment of H.R. 1540; the concurrent reso- 5,231 cases pending. lution be agreed to; and the motion to hearing on July 13. Several Republican leaders from Alaska also wrote to the If caseloads were really a concern of reconsider be considered made and laid Republican Senators, as they con- Judiciary Committee to express their upon the table. tended when they filibustered the nom- support, including former Alaska State The ACTING PRESIDENT pro tem- ination last week of Caitlin Halligan to Senator Arliss Sturgulewski, and Walt pore. Is there objection? Without objec- the DC Circuit, they would not have Monegan, the former Alaska commis- tion, it is so ordered. delayed Justice Christen’s nomination sioner for public safety appointed by The majority leader. to fill a judicial emergency vacancy for then-Governor Sarah Palin. Con- Mr. REID. Mr. President, I appreciate over 3 months. If caseloads were really necticut State Representative Lile the courtesy of my friend, the assistant a concern, Senate Republicans would Gibbons, a Republican, has also written leader. consent to move forward to confirm I wish to tell all the Members of the to the committee to express her sup- Judge Jacqueline Nguyen of California, Senate that we will probably have a se- port. another well-qualified nominee, to fill Justice Christen is the kind of quali- ries of votes around 4 o’clock this a judicial emergency vacancy on the fied, consensus nominee who in past afternoon. Ninth Circuit. Her nomination was also years would have been considered and reported unanimously by the Judiciary f confirmed by the Senate within days of Committee and needs only a final up- CONCLUSION OF MORNING being reported unanimously by the Ju- or-down vote by the Senate. Judge BUSINESS diciary Committee, not stuck for Nguyen is nominated to fill the judi- The ACTING PRESIDENT pro tem- months unnecessarily on the Senate cial emergency vacancy that remains pore. Morning business is closed. calendar. She is an experienced jurist after the Republican filibuster of Good- who has served on Alaska’s highest f win Liu. I hope the Senate will be al- court for the past 3 years. She was EXECUTIVE SESSION lowed to take up and confirm her nomi- nominated to that position by then- nation to finally fill that vacancy be- Governor Sarah Palin, and she is the fore the Senate concludes its work for second woman in Alaska’s history to the year. NOMINATION OF MORGAN CHRIS- serve on its supreme court. Justice TEN TO BE UNITED STATES CIR- I also hope we can continue to make Christen previously served for 7 years progress early in the New Year by con- CUIT JUDGE FOR THE NINTH as a judge on the Superior Court for CIRCUIT sidering two nominations to the Ninth Alaska’s Third Judicial District, 3 of Circuit now pending before the Judici- The ACTING PRESIDENT pro tem- those years as the presiding judge. She ary Committee. Earlier this week we pore. Under the previous order, the worked in private practice for 13 years held a hearing with Paul Watford of Senate will proceed to executive ses- in Anchorage, clerked for Judge Brian California, nominated to fill yet an- sion to consider the following nomina- Shortell of the Alaska Superior Court, other judicial emergency vacancy on tion, which the clerk will report. and has demonstrated a deep commit- the Ninth Circuit. I would have in- The legislative clerk read the nomi- ment to her community throughout cluded another nominee to the Ninth nation of Morgan Christen, of Alaska, her career. Once she is confirmed, Jus- Circuit at that hearing, Justice An- to be United States Circuit Judge for tice Christen will be the first woman drew Hurwitz of Arizona, who has the the Ninth Circuit. from Alaska to serve on the U.S. Court support of Senator KYL, but committee The ACTING PRESIDENT pro tem- of Appeals for the Ninth Circuit. Republicans were not ready to proceed pore. The Senator from Vermont. The unexplained Republican delay in on that nomination. I hope both can be Mr. LEAHY. Mr. President, I see both consenting to consider her nomination considered and confirmed early next Senators from Alaska on the Senate has caused unnecessary delays in fill- year. floor, and I beg their indulgence. I will ing judicial emergency vacancies on The Senate should act to address the continue for about 5 minutes, first on the Ninth Circuit, the busiest Federal continuing crisis in judicial vacancies the nomination of Justice Morgan circuit court in the country. Sixty-one that affects not only the Ninth Circuit Christen of Alaska to fill one of the million Americans live in the jurisdic- but Federal courts around the country. four vacancies on the Court of Appeals tion served by the Ninth Circuit. At a It is now December 15, with only days for the Ninth Circuit, a judicial emer- time when judges on that circuit are left in the Senate’s 2011 session. There gency vacancy. being called upon to handle double the is no time to further delay votes on the This nominee is eminently well caseload of the other Federal circuit other 20 judicial nominations now qualified and should be confirmed. Sen- courts, the Senate should have expe- pending on the Senate calendar and ator MURKOWSKI and Senator BEGICH dited the consideration of Justice awaiting a final vote. Sixteen of these have worked very hard to get this Christen’s nomination, not needlessly nominations, in addition to that of

VerDate Mar 15 2010 05:09 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.007 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8626 CONGRESSIONAL RECORD — SENATE December 15, 2011 Justice Christen, were reported unani- lems created by persistent judicial va- Chief on the Joint Chiefs of Staff to mously by the Judiciary Committee. cancies. More than 160 million Ameri- provide a vital voice, perhaps a dis- Many were reported last summer and cans live in districts or circuits that senting voice, when it is needed most. early in the fall. At a time when nearly have a judicial vacancy that could be When I look at the Vermont Guard, 1 in 10 Federal judgeships remains va- filled today if Senate Republicans it demonstrates why these kinds of cant, further delays are damaging. Ju- would just agree to vote on the nomi- cuts don’t make sense. The Vermont dicial vacancies have remained at or nations now pending on the Senate cal- Guard deployed nearly 1,500 troops to above 80 for over 21⁄2 years. This hurts endar. The Senate should act to bring Afghanistan last year. Before that, the the millions of Americans who live in an end to the harm caused by delays in Vermont Guard deployed to Iraq during those districts and circuits and rely on overburdened courts. The Republican one of its most violent periods and our Federal courts. Senate leadership should consent to made unspeakable sacrifices for this We should not repeat the mistakes of votes on the qualified, consensus can- country. I know because I went to the last year, when the Senate Republican didates nominated to fill these judicial funerals of Vermont Guard members leadership held back its consent at the vacancies before the Senate adjourns and because we are such a small State, end of the year to consideration of 19 for the year. Their consideration many times everybody knew the person judicial nominations that had been re- should not be unnecessarily delayed who had died. ported by the Judiciary Committee and until next spring. The Vermont Air Guard flew more were ready for final Senate action. DEFENSE AUTHORIZATION than 100 consecutive days of air mis- That was an abusive exercise in unnec- Mr. LEAHY. Mr. President, again, sions over New York City and Wash- essary delay that I believe was without with the indulgence of my colleagues, ington after the attacks of September precedent with respect to such con- if I might, just for a moment, call to 11 around the clock. If we properly sensus nominees. It took us until June the attention of my colleagues the sev- man, train, and equip our State of this year, halfway into 2011, to con- eral provisions of the Defense author- Guards, our military leaders will find sider and confirm 17 of the nominations ization bill we are going to consider for them the peer of any Active-Duty unit. that could and should have been con- final passage today. These provisions In fact, the Vermont Air Guard is one sidered before the end of 2010. will have a major impact on our de- of the first three units to be considered In contrast, Democratic Senators fense structure and performance in the to receive the F–35 Joint Strike Fight- proceeded to up-or-down votes on all years to come. These reforms were pre- er. And not only will the service Chiefs 100 of President Bush’s judicial nomi- viously included in a bill I introduced find their reserve components ready to nations reported by the Judiciary Com- with Senator LINDSEY GRAHAM in May, serve when called, they will find them a lot less expensive. mittee during his first 2 years in office, S. 1025, which Senator GRAHAM and I The Defense bill also includes several and all 100 were confirmed before the nicknamed ‘‘Guard Empowerment II.’’ other provisions of our Guard em- end of the 107th Congress. As cochair with Senator GRAHAM of Before we adjourn this year, there is the Senate National Guard Caucus, I powerment bill. It reinstates the three- no reason the Senate cannot at least am pleased to report that the most im- star Vice Chief of the Guard Bureau, it consider the other 16 judicial nominees portant of these Guard empowerment institutes the recommendations on reported unanimously by the Com- reforms are included in the final Federal-State military integration of- fered by the Council of Governors, it mittee this session, who are by any version of the Defense authorization includes a limited authorization of the measure consensus nominees. I hope we bill. They include a provision that will State Partnership Program, it man- do not see a repeat of the damaging de- make the Chief of the National Guard dates the consideration of Guard gen- cision by Senate Republican leadership Bureau a statutory member of the erals for certain vacant positions at at the end of last year to refuse to Joint Chiefs of Staff. The Joint U.S. Northern Command, and on and agree to votes on those nominations. Chiefs—our highest military policy With vacancies continuing at harm- on. council—has not added a member since I think it is going to lay the ground- fully high levels, we cannot afford to 1978—and I remember that because I work for further collaboration between repeat these unnecessary and damaging voted for it—when the Commandant of the Armed Services Committee, the delays. There is no reason we cannot the Marine Corps was finally added as Appropriations Committee, and the make significant progress during the a full participant. Senate National Guard Caucus. Our days left in this session and consider This is truly a historic day for the National Guard is a superb 21st-cen- all of the consensus nominations now National Guard and for all the Guard tury military organization, but it has pending on the Senate calendar. That does for our Nation. One might ask: been trapped in a 20th-century Pen- is what we did at the end of President Why now? Why is this change so impor- tagon bureaucracy. Reagan’s third year in office and Presi- tant? Our Guard has been bravely serv- These reforms will help clear away dent George H.W. Bush’s third year in ing in near constant rotation with Ac- the cobwebs. office, when no judicial nominations tive-Duty Forces overseas for the last It shows what happens when Demo- were left pending on the Senate Cal- decade. Each of us has gone to Afghani- crats and Republicans work together. endar. That is what we did at the end stan or Iraq and seen our Guard serv- Sometimes it is not noted in the press, of the 1995 session, President Clinton’s ing. At the same time, these Guard but a lot gets done around here when third year in office, when only a single troops have been the military’s first re- Democrats and Republicans work to- nomination was left pending on the sponders at home. The Pentagon hasn’t gether. Senator GRAHAM and I intro- Senate calendar. That is, in fact, also caught up with the institutional duced a bill in May that has more than what we did at the end of President changes that have to accompany this. 70 cosponsors from both parties. We George W. Bush’s third year. Although It is a whole different world for the Na- have accomplished a lot for our Guard nine judicial nominations were left on tional Guard today than what it was 20 with this bill, again, by having Demo- the calendar, they were among the years ago. crats and Republicans work together. most controversial, extreme, and ideo- In fact, after all the National Guard There is more to be done, but what a logical of President Bush’s nominees. has done over the past 10 years, we are great start. They had previously been debated ex- hearing rumors the Air Force is al- As I have said about Democrats and tensively by the Senate. The standard ready planning serious cuts to its Republicans working together, I have then was that noncontroversial judicial Guard and Reserve components. Gen- to applaud the two Senators from Alas- nominees reported by the Judiciary eral Schwartz, Air Force Chief of Staff, ka. Because of their hard work, we Committee got Senate action before announced: have this nominee before us, and that the end of the year. That is the stand- We’re going to get smaller. Active duty, is something every one of us should ard we should follow this year. If we Guard, and Reserve—we’re going to get take pride in, the way the two have do, another 16 judges will be confirmed. smaller together. worked together. Chief Justice Roberts, the Attorney I question the logic of an across-the- Mr. President, I yield the floor. General, and the White House counsel board cut. I hope most of us would. The ACTING PRESIDENT pro tem- have all spoken about the serious prob- That is why we have to have a Guard pore. The Senator from Alaska.

VerDate Mar 15 2010 03:31 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.008 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8627 Mr. BEGICH. Mr. President, first I unteers in our State. Her volunteer re- appointed by President Clinton. Judge want to comment on the work the Sen- sume is pages long. If there is a volun- Boochever accepted senior status in ator from Vermont has done with re- teer organization in Alaska, more than 1986, and we were saddened when he gard to the Guard. It affects us in Alas- likely Morgan has probably worked on passed away on October 9, 2011, at the ka a great deal, and I want to thank it, with it, or served on the board. She age of 94. The second on the Ninth Cir- him for all of the hard work he has is a member of the Rotary Club, the cuit was Andrew J. Kleinfeld, who ac- done. YWCA, the Alaska Community Foun- cepted senior status on June 12 of last In regard to the nomination today, dation, the Athena Society. She has year. Justice Christen has been nomi- again the chairman of the Judiciary been on the board of directors of the nated to fill the vacancy created when Committee, Senator LEAHY, has done United Way of Alaska. She has also Justice Kleinfeld took senior status. an incredible job bringing so many been on the board of directors of Big That vacancy has existed now for 18 judges to the floor. I come to the floor Brothers and Big Sisters of Alaska, and months, which should concern all of us, today in strong support of the nomina- the Rasmussen Foundation. In 2004, given the heavy workload that faces tion of Morgan Christen to fill a va- Morgan and her husband Jim were the Ninth Circuit. That said, it often cancy on the Ninth Circuit Court of jointly recognized as Outstanding Alas- takes a little bit of time to get the Appeals. ka Philanthropists of the Year—truly best, and there is no doubt in my mind I have known Morgan for years and an impressive honor. that when President Obama selected am continually impressed with her I am proud to support such an out- Morgan Christen for the Ninth Circuit, keen legal mind, her outstanding standing Alaskan to sit on the Ninth he selected the best. record of public service, and her ability Circuit Court of Appeals, and I want to I have known Justice Christen for al- to carve plenty of time out of her urge all of my Senate colleagues to most 25 years now. We graduated from schedule for her extensive volunteer support her nomination as well. law school at about the same time. We work. Justice Christen has bipartisan sup- both clerked for the Alaska court sys- For decades, Morgan has been recog- port. She received the unanimous sup- tem at the same time and we have kept nized by her peers as one of the finest port of every member of the Senate Ju- in touch over the years. I have come to attorneys and judges in Alaska. She is diciary Committee in September. In know Morgan, her husband Jim, and currently one of the five justices on Alaska, she was elevated once by a her family. our State supreme court. I am con- Democratic Governor and once by a Morgan Christen is an experienced, fident she will continue to be a fair and Republican Governor. The American very well-rounded attorney. She is an impartial judge as a member of the Bar Association has recognized her exceptionally well-rounded jurist with Ninth Circuit. legal capability and rated her as experience on the trial and the appel- Justice Christen was born and raised ‘‘unanimously well qualified’’ to serve late bench. She is an individual with a in Washington State and excelled at as a judge on the Ninth Circuit. keen intellect and an impeccable rep- the Golden Gate School of Law where Morgan is one of the greatest legal utation for integrity. She is highly re- she earned her J.D. in 1986. Right after minds and one of the most caring indi- garded across the ideological spectrum graduating from law school, Morgan viduals Alaska has to offer. I am hon- in Alaska as a judge who keeps politics came to my State to clerk for the Alas- ored to support her for this position and ideology off the bench. ka Superior Court. As many people do, and honored to count her as a friend. I Given the bruising nomination bat- once she got a taste of Alaska, she de- strongly urge every Member of this tles that have taken place here in the cided to stay and raise her family. body to confirm her nomination to the Senate over the past few years, a few of Morgan worked for one of the finest Ninth Circuit. our colleagues might be inclined to law firms in Anchorage and quickly be- Mr. President, I yield the floor. challenge the notion that there is any came a partner. In 2001, Morgan was The ACTING PRESIDENT pro tem- such thing as a nonideological, non- appointed to the Anchorage Superior pore. The Senator from Alaska. political judicial nominee. But in re- Court by my former boss, Gov. Tony Ms. MURKOWSKI. Mr. President, I sponse, I would simply note that Mor- Knowles. The Anchorage Superior too rise in support of Morgan Christen, gan Christen was elected to serve on Court is an important one in my State, the nominee who is before us today, the Alaska Superior Court by Gov. handling criminal cases, family law, and I add my thanks to the chairman Tony Knowles, a very well-known Dem- and even civil matters. As she always of the Judiciary Committee and, in ocrat. She was then later selected to does, Morgan did an excellent job in fact, the entire Judiciary Committee, serve on the Alaska Supreme Court by the court. for their work in advancing not only Sarah Palin, our very well-known Re- Before long, she became the presiding Judge Christen as she has moved for- publican Governor. Under Alaska’s judge at Alaska’s Third Judicial Dis- ward through the process, but it was nonpolitical judicial selection process, trict, the busiest court in Alaska. As a several weeks ago that we were pleased she was vetted by the Alaska Judicial presiding judge, she supervised over 40 to move through this body the nomina- Council before her selection to the su- judicial officers and 13 court locations. tion of Judge Sharon Gleason. perior court in 2001, and once again When I was mayor of Anchorage, our I think it is worthy of note that Alas- prior to standing for retention election city was fighting against youth gangs, ka in the past month now has moved in 2004. Justice Christen was then vet- who were committing serious offenses forward two extraordinary women ju- ted for yet a third time before her se- and pushing up the crime rates in our rists who will work to serve us in an in- lection to the Alaska Supreme Court in community. Anchorage has an unusual credible way. If there is any regret I 2009. In each case, she secured high judicial system and arrangement with have, it is that such exceptional marks from Alaska’s very diverse legal the State. The city police provide basic women are being taken from our State community. In fact, she was ranked law enforcement, but the State of Alas- judiciary system and moved on to the top candidate for the supreme ka runs the court and the corrections other positions, so there is a loss there. court position in a scientifically con- system. I worked closely with Judge We are going to have to work to fill ducted study of Alaskan attorneys. Christen across municipal and State those back benches. But I am very I have appreciated that Justice lines to crack down on these gangs and pleased today to speak in support of Christen has been mindful of the sepa- make Anchorage streets safer. I found Morgan Christen, a justice of the Alas- ration of powers throughout her judi- her to be an energetic innovator who is kan Supreme Court who has been nom- cial career, and mindful of the fact sensitive to the broad cultural diver- inated to serve on the Ninth Circuit that her personal views have no bear- sity of our State. In 2009, she was ele- U.S. Court of Appeals. ing when it is time to determine the vated to the highest court in the State, This is a historic nomination. Only rule of law. I know we can expect her the Alaska Supreme Court. two Alaskans have had an opportunity to continue in that vein when she In addition to Justice Christen’s im- to serve on the Ninth Circuit, and both moves on to the Federal bench. pressive record of public service on of those judges were, somewhat pre- Morgan Christen was educated at the Alaska’s State courts, she also finds dictably, men. The first Alaskan to University of Washington and Golden time to be one of the most prolific vol- serve was Robert Boochever, who was Gate University School of Law. She

VerDate Mar 15 2010 03:31 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.010 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8628 CONGRESSIONAL RECORD — SENATE December 15, 2011 spent portions of her undergraduate In 1987 she was hired at Preston Mr. LEAHY. Mr. President, I want to years studying in England, Switzer- Gates & Ellis LLP, working as an asso- reiterate what I said before about Sen- land, and China. Following law school, ciate until 1992. She was a partner in ator MURKOWSKI and Senator BEGICH she clerked on the Alaska Superior the firm from 1993 to 2002. At that firm for their support of this woman for the Court and then entered private prac- she was a general civil litigator, pri- Ninth Circuit. I appreciate the work tice in the Anchorage office of Preston marily representing plaintiffs. She they have done on this nomination. I Gates & Ellis. As a private practice at- began by assisting with large litigation also appreciate the personal comments torney, she represented the State of projects. One of her most notable early the senior Senator from Alaska made, Alaska in the litigation that followed matters involved serving on the liabil- going back to her law school days. I the 1989 Exxon Valdez oil spill. ity team representing the State of think sometimes we forget that these As a member of the superior court Alaska in its claims for compensation judicial nominees are real people and bench, she served as the presiding arising from the Exxon Valdez oilspill. they have a real life and are a real part judge of the Third Judicial District After the State settled its liability of the community. So I appreciate there in Anchorage which, as was claim in 1991, she defended claims that. noted, is the busiest judicial district in brought by individuals who argued the I yield back the remainder of the the State of Alaska. She held that posi- State’s response to the spill was inad- time on our side. tion for 4 years. As a supreme court equate. Ms. MIKULSKI. Mr. President, I justice, she is deeply engaged in com- By the time Justice Christen became yield back all the time on the Repub- munity outreach. In fact, she won the a partner in 1993, she had developed a lican side. Alaska Supreme Court Community practice in Jones Act personal injury The ACTING PRESIDENT pro tem- Outreach Award back in 2008. She also claims and was lead counsel in a case pore. All time is yielded back. holds the Light of Hope Award for in the U.S. Court of Claims rep- f work on behalf of Alaska’s children. I resenting the parents of an infant who LEGISLATIVE SESSION think her voluntarism has been ac- died after receiving a childhood vac- knowledged and highlighted. Not only cination. She also served as lead coun- THE PRESIDING OFFICER (Mr. does she meet the demands of a busy sel on four aviation fatality cases be- BROWN of Ohio). Under the previous bench practice, but also takes the tween 1993 and 1999, representing the order, the Senate will resume legisla- time, with her family, to be very en- estate of an FAA employee who was tive session. gaged in our community. killed in a mid-air collision, the estate The Senator from Arizona, Senator I inquired with some of my friends, of a pilot killed during a catastrophic MCCAIN, is recognized for 30 minutes. former colleagues on the Alaska bar, engine failure and in-flight failure, f about her reputation in anticipation of among others. She has also served as THE MILITARY-INDUSTRIAL- my comments today. One Alaskan stat- the lead counsel in the Equal Pay Act CONGRESSIONAL COMPLEX ed: and represented a fuel barge line in Morgan is extraordinarily talented and is several commercial disputes. Finally, Mr. MCCAIN. Mr. President, shortly well respected by her peers. She constantly from 1999 to 2001 over half of her prac- we will begin debate on the conference brings justice and fairness to her profes- tice was devoted to defending two phy- report of the Defense authorization sional and personal life. Friends and col- sician practice groups in a Federal bill, the 50th year the Congress of the leagues across the country have savored her Medicaid fraud investigation and re- United States has authorized the wild raspberry jam. lated False Claims Act case, and assist- equipment, the programs, and all that I have yet to have the opportunity to ing with the defense of a class action is necessary to defend this Nation’s se- savor her wild raspberry jam. I do a antitrust case brought against pur- curity. pretty mean raspberry jam myself, so I chasers of salmon harvested in Alaska. I want to talk today about a very im- think we are going to have to trade and In 2001 she was appointed to the Alas- portant aspect of our national security, see. But it is yet one more aspect about ka Superior Court, where she served and that is the problem we are having this pretty amazing woman I wanted to from January 9, 2002, until her ele- with out-of-control spending which share today. vation to the supreme court in 2009. has, in its own way, endangered our na- Another colleague stated, very sim- The superior court is the court of gen- tional security as almost any threat ply, that she is a calm, thoughtful, and eral jurisdiction in Alaska. As a supe- that we face. It is unsustainable, it is strong woman. Good words. rior court judge, her docket was com- unacceptable, and it is a stain on our In closing, let me simply say that prised entirely of civil cases. From 2005 Nation’s honor. Morgan Christen is more than just a to 2009 she served as presiding judge of Fifty years ago, on January 17, 1961, good judge; she is a good person. Jus- the Third Judicial District of the Supe- Dwight David Eisenhower bid farewell tice will be well served by her con- rior Court. In this position she super- to the Nation as the President of the firmation to the Ninth Circuit U.S. vised approximately 40 judicial officers United States. At the heart of his fare- Court of Appeals. I urge my colleagues in 13 court locations. well address was a warning, one keenly to support this nomination with enthu- Justice Christen was appointed to insightful in its sense how, in a way siasm, as I do. the Alaska Supreme Court on March 4, new to the American experience, an Mr. President, I yield the floor. 2009, and has been a member of that immense military establishment and Mr. GRASSLEY. Mr. President, court from April 6, 2009, to the present. large arms industry had developed in today the Senate is expected to con- She was nominated for that seat by the the 20th century post-war period. While firm an additional judicial nominee. Alaska Judicial Council, composed by acknowledging the need for a strong With this vote, we will have confirmed three members of the bar, three mem- national defense, President Eisenhower 62 article III nominees during this Con- bers of the public appointed by Gov- called for the American people to un- gress. More than half of these have ernors, and the chief justice. She was derstand the grave implications of this been for vacancies designated as judi- then selected from a slate of two nomi- new aggregation of political and indus- cial emergencies. That is real progress. nees by Governor Sarah Palin. trial power. In particular he warned: Over 72 percent of President Obama’s The American Bar Association In the councils of government, we must judicial nominees have been confirmed. Standing Committee on the Federal guard against the acquisition of unwarranted Morgan Christen is nominated to be Judiciary has rated Justice Christen influence, whether sought or unsought, by U.S. circuit judge for the Ninth Cir- with a unanimous ‘‘well qualified’’ rat- the military-industrial complex. The poten- cuit. Justice Christen received her B.A. ing. tial for the disastrous rise of misplaced from the University of Washington in Mr. LEAHY. Mr. President, how power exists and will persist. 1983, and her J.D. from Golden Gate much time is remaining on the judge- The 50th anniversary of President Ei- University Law School in 1986. After ship? senhower’s address gives us an oppor- graduating from law school, she The PRESIDING OFFICER. On the tunity to carefully consider have we clerked for the Hon. Brian Shortell on Republican side, there is 7 minutes 16 considered President Eisenhower’s ad- the Alaska Superior Court in Anchor- seconds; on the Democratic side, 3 min- monition. Regrettably and categori- age. utes 52 seconds. cally the answer is no. In fact, the

VerDate Mar 15 2010 03:38 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.011 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8629 military-industrial complex has be- public disclosure requirements. In Over the last decade or so, what I come much worse than President Ei- other words, former general and flag have described has resulted in a mas- senhower originally envisioned. It has officers serving as Department mentors sive windfall for industry. But for the evolved to capture Congress. So the prefer to exit the program rather than taxpayer and the war fighter, it has phenomenon should now rightly be publicly disclose their corporate affili- been an absolute recipe for disaster. called the military-industrial-congres- ations and compensation. With the Federal budget deficit hav- sional complex. I ask unanimous consent my most re- ing hit $1.3 trillion for the 2011 budget On July 16, 2009, in a speech to the cent investigative letter on the issue year and facing the fact that the de- Economic Club of Chicago, then-Sec- be printed in the RECORD. fense budget will likely not grow to retary Gates described the military-in- The PRESIDING OFFICER. Without any significant extent in the near dustrial-congressional complex in this objection, it is so ordered. term, we in Congress must be mindful way: (See exhibit 1.) of how the military-industrial-congres- First, there is the Congress, which is un- Mr. MCCAIN. The aspect of the mili- sional complex can negatively affect derstandably concerned . . . about pro- tary-industrial-congressional complex decisions to buy and keep major weap- tecting jobs in certain states and congres- I would like to focus on relates to how ons systems. sional districts. There is the defense and the Pentagon buys its very largest How does the military-industrial- aerospace industry, which has an obvious fi- weapons systems. That covers the top congressional complex help create nancial stake in the survival and growth of 100 or so of the Defense Department’s these programs. And there is the institu- problem programs and keep them going weapons procurement programs into long after they should have been can- tional military itself—within the Pentagon, which taxpayers have invested to date and as expressed through an influential net- celed or restructured? A review of some work of retired generals and admirals. . . . about $1.7 trillion. In particular, I of the problems with the original Air would like to focus on how the mili- One aspect of the military-industrial- Force tanker lease deal is instructive. tary-industrial-congressional complex congressional complex I have focused From that first attempt by the Air has kept even some of the most poorly on considerably over the last few years Force to replace its aging airborne performing programs funded, siphoning is its role in congressional earmarks, tanker aircraft, which started nearly a off precious resources even while they congressional pet projects, unwanted decade ago, we now know, very early in go over budget, face years of schedule by the administration but amounting the planning of a major defense acqui- delays, and fail to deliver promised ca- to billions of dollars annually that fre- sition program, senior officials from pability to the war fighter. quently take on a life of their own in a To be clear, the military-industrial- industry and the relevant services way that continues to waste taxpayer congressional complex does not cause work with senior Members of Congress resources for years and sometimes dec- programs to fail, but it does help cre- to ensure that the economic and there- ades. In the military-industrial-con- ate poorly conceived programs, pro- fore political benefits of the programs gressional complex, earmarks are the grams that are so fundamentally un- would be distributed widely among key currency of corruption. sound that they are doomed to be poor- congressional States or districts. That Another manifestation of the mili- ly executed. It does help keep them ensures long-term political buy-in and tary-industrial-congressional complex alive long after they should have been support. I have called attention to is the revolv- ended or restructured. How much could the military-indus- ing door that exists between the Pen- By ‘‘poorly conceived,’’ I mean major trial-congressional complex’s negative tagon and the defense industry. In 1969, programs that are allowed to begin, de- influence ultimately cost taxpayers? then-Senator William Proxmire said spite having insufficiently defined re- Once again, consider the original tank- this about the revolving door in the quirements, unrealistic cost or sched- er lease deal as just one example. context of defense procurement: ule estimates, immature technology or That deal would have had new aerial The easy movement of high-ranking mili- too much manufacturing and integra- refueling aircraft developed under a tary officers into jobs with major defense tion risk or unrealistic performance cost-plus contract, which exposes the contractors and the reverse movement of top expectations. taxpayer to and protects the con- executives in major defense contractors into By ‘‘poorly executed,’’ I am referring tractor from the negative impacts of high Pentagon jobs is solid evidence of the to programs that poorly perform be- cost overruns and schedule delays. military-industrial complex in operation. It Once developed, those new tanker air- is a real threat to the public interest because cause of, among other things, unantici- it increases the chances of abuse. . . . How pated design, engineering, manufac- craft were supposed to be leased— hard a bargain will officers involved in pro- turing or technology problems. These leased, not bought outright—from a curement planning or specifications drive sorts of programs should never have sole-source contractor, as provided when they are one or two years from retire- been started to begin with or should under a multibillion dollar earmark ment and have the example to look at over have been significantly restructured or stuck in a defense appropriations bill, 2,000 fellow officers doing well on the outside terminated at the end of the day. Yet without having been vetted by the ad- after retirement? through the influence of the military- ministration or reviewed by the rel- Probably the most recently pub- industrial-congressional complex, they evant congressional oversight commit- licized example of the revolving door are allowed to enter the defense pro- tees. between the Department of Defense curement process and to persist, often That unusual acquisition strategy and private industry and the preva- under the guise of a concurrent devel- was based on a case that the Air Force lence of the military-industrial-con- opment acquisition strategy and exe- presented at that time, which the gressional complex in the Depart- cuted under cost-plus contracts. deal’s congressional sponsor roundly ment’s planning and procurement proc- Specifically, the military-industrial- endorsed, that the legacy fleet of tank- esses is its mentorship program. In its congressional complex helps ensure ers needed to be replaced urgently. most recent story in a series exposing that poorly conceived programs get on Needless to say, that case was proven this program, USA Today reported that rails and stay there with production false. There can be no doubt that the the Air Force allowed a retired general money when they are supposed to be original tanker lease deal was a classic officer who was then serving as an ex- still in development. For industry and creation of the military-industrial-con- ecutive in the Boeing Company to par- many of their sponsors in the Pentagon gressional complex. ticipate as a mentor in a war game in- and on the Hill, that is desirable be- When we compare the likely costs of volving the aerial refueling tanker that cause it is far more difficult to restruc- the sole-source tanker lease with the Boeing was at the same time com- ture or terminate a production pro- costs of the recently concluded tanker peting to build for the Air Force under gram, even one that is performing competition, which calls for fixed-price a multibillion dollar procurement pro- poorly, than one that is in develop- development and a purchase under full gram. Over the last 2 years, I have ex- ment. In the military-industrial-con- and open competition, the difference is ercised keen oversight of the gressional complex, if excessive con- dramatic. According to recent analysis mentorship program, which I under- currency is a drug, then the cost-plus by the Department of Defense, the stand has been essentially shut down contracts used to facilitate it are its original tanker lease deal would have, under the weight of newly promulgated delivery vehicles. over the lifecycle of the aircraft, cost

VerDate Mar 15 2010 03:38 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.017 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8630 CONGRESSIONAL RECORD — SENATE December 15, 2011 taxpayers billions of dollars more for a weapons before they entered produc- turing each version of the plane, much less-capable airplane. Those billions tion. less how much money and time would that could have been lost under the As a result of that act, some newer be needed to overcome these risks. So original tanker lease deal are effec- major programs are not making the ever since the Pentagon awarded Lock- tively the cost associated with the mistake of relying on overly optimistic heed Martin a contract to develop the military-industrial-congressional com- cost estimates provided by the con- Joint Strike Fighter contract in 2001, plex when it is allowed to run un- tractor or staking too much production and despite having signed several fol- checked and unchallenged, and they money too early—before critical tech- low-on contracts for blocks of produc- are, particularly in the current fiscal nologies, design drawings, and manu- tion aircraft, the program has effec- environment, utterly unsustainable. facturing processes have stabilized and tively been stuck in development. Ex- The lesson of the original tanker matured. But even this new law will be perts call what the Pentagon has been lease deal is that the powerful com- judged well only if the Pentagon can trying to do ‘‘concurrent develop- bination of interests that comprise the demonstrate some success with its ment.’’ I call it a mess. military-industrial-congressional com- largest acquisition programs, even Using a concurrent development plex can be strong enough to both give those that went into development be- strategy to procure high-risk weapon birth to procurement programs that fore the law’s enactment. systems that promise generational should never have been started in the The F–35 Lightning II Joint Strike leaps in capability when, one, their un- first place and nurture programs that Fighter Program is a good example of derlying design is unstable; two, the should have been killed or fundamen- one such program. Last week I spoke risks associated with developing their tally restructured early on to the grave at length about this program, so today critical technologies and integration detriment of the taxpayer and our serv- I will keep my remarks about it brief. are not fully known; and, three, their ice men and women. Currently, the F–35 is the Pentagon’s manufacturing processes are immature While over the last couple years largest weapons procurement program. is a very bad idea. Trying to do this former Secretary Gates ended some of It was originally intended as a revolu- under cost-plus contracts is a recipe for the most poorly performing major pro- tionary, affordable solution to the disaster. grams in the defense enterprise, the Navy, Marine Corps, and Air Force’s In July 2011, the Department re- situation remains serious. The new na- tactical aviation needs for the future. vealed that the cost for the first three tional military strategy calls the grow- With three different versions of the air- lots of early production aircraft ing national debt a ‘‘significant secu- craft for each service and commonality amounting to 28 aircraft bought under rity risk,’’ and as the Government Ac- in design among those versions, the cost-plus contracts exceeded by about countability Office noted in its March Pentagon sold this program as a fifth $1 billion the original estimate of 2011 report, since 2008, the total acqui- generation strike fighter that would— about $7 billion. The Department also sition costs of the Pentagon’s major more so than any other major defense indicated that the taxpayers’ share of defense acquisitions programs in its procurement program—be cost effec- this overrun amounted to $771 million. current portfolio has increased by $135 tively developed, procured, operated, The program’s prime contractor would billion, about half of which is attrib- and supported. absorb approximately $283 million. By uted to pure cost growth and the other According to the Pentagon, the pro- the way, that program’s prime con- half due to cuts in the intended number gram ‘‘was structured from the begin- tractor, Lockheed Martin, declared of weapons we plan to buy. ning to be a model of acquisition re- record profits of $3 billion last year. It should not come as a surprise that form.’’ This has not been the case. Moreover, just a few days ago, the as a result, about half the Pentagon’s When the program was first Department indicated the cost of the very largest weapons procurement pro- launched, the Pentagon planned to buy fourth lot of the early production air- grams exceed cost-performance goals over 3,000 Joint Strike Fighters, but craft bought for the first time in the agreed to by the Pentagon, the Office the development effort was performed program’s history under a fixed-price- of Management and Budget, and the so poorly that we can now only afford type contract may be as high as 10 per- Government Accountability Office. In to buy 2,457. Given recent delays in re- cent over that contract’s $3.46 billion fact, the Government Accountability structuring rules, that number could target cost. This is a $350 million over- Office’s March report found that about go down further. To date, the total cost run with only about 40 percent of that one-third of all major weapons systems to buy all of the aircraft as intended work completed to date. This suggests since 1997 have had cost overruns of as has grown by about $150 billion to $385 the costs of the program have still not much as 50 percent over their original billion. The cost of each Joint Strike been contained despite 2 years of con- projections. Fighter is now 80 percent over the centrated effort by the Pentagon to Noting that ‘‘the costs of developing original baseline estimate, and that is bring costs under control. and buying weapons have historically expected to increase. It would be hard been, on average, 20 to 30 percent high- to buy a car at 80 percent over the Just last week the executive officer er’’ than Pentagon estimates, the Con- original sticker price without looking of the Joint Strike Fighter Program gressional Budget Office recently pro- for major tradeoffs. indicated in a media interview that the jected that in addition to health care, Currently, the Joint Strike Fighter Joint Strike Fighter Program needs to higher costs for weapons systems will costs an average of about $133 million slow down production and deliveries of increase the Pentagon budget by about each, and that is without an engine. We the aircraft. He attributed this to the $40 billion over the next 5 years. have invested about $56 billion in R&D need to open the aircraft and install Congress and current leadership at costs in this project through fiscal year fixes to numerous structural cracks in the Department of Defense have tried 2010. ‘‘hot spots’’ that the program has dis- to attack these problems, but they Over the nearly 10-year life of the F– covered in the plane over the last year have not been successful in changing 35 program, Congress has authorized or so. He estimated the work needed to the prevailing culture yet. and appropriated funds for 135 of these remedy these cracks could add an addi- For example: After several attempts aircraft. But as of today, the program tional $3 million to $5 million per air- to change the Pentagon’s buying ap- has delivered just 20 flying aircraft craft. proach—which, as CBO noted rarely, if with most of them being used for test- From these comments, I understand ever, correctly predicts how much a ing. Early production aircraft just the overlap between development and program will likely cost—the Weapons started to be delivered a few months production, called ‘‘concurrency,’’ that Systems Acquisition Reform Act of ago—3 years late. persists in the program is still too 2009 created the Office of Cost Assess- The main problem with the program great to assure taxpayers they will not ment and Program Evaluation to ana- has been this: Before the Pentagon have to continue paying for costly re- lyze the cost of new programs and why went all in on the F–35 program, it designs or retrofits due to discoveries they fail. It also required the Pentagon never understood the risk associated late in production. to keep closer tabs on technology ma- with developing and integrating the F– My frustration—and, more impor- turity and emphasized testing new 35’s critical technologies and manufac- tantly, the taxpayers’ frustration—

VerDate Mar 15 2010 03:38 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.018 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8631 with the chronic failure of this pro- prey. Inspired by the failure to rescue exceed $2 billion—a 70-percent increase gram to deliver required combat capa- hostages from Iran in 1980, the V–22 in cost. And, here we are today, 10 bility on time and on schedule cannot was originally designed to be a revolu- years later, and the system has still be overstated. This frustration is con- tion in vertical takeoff aircraft. It was not achieved its objectives. In fact, it veyed well in a provision in the con- intended to improve, beyond anything was just launched, for the first time, ference report accompanying the Fis- currently in the arsenal, the ability of recently, on May 7, 2011. cal Year 2012 National Defense Author- the Marine Corps’ and our Special Originally estimated to cost $2.4 bil- ization Act that would require that the Forces’ capability to get in, get out, lion, it is now expected to cost nearly sixth lot of early production aircraft be and resupply from long range at high $16 billion, roughly 7 times the initial procured on a firm fixed-price basis. speeds in hostile landing zones. estimate. Apparently, the fixed-price contract What we ended up with has been The Defense Department reported to used for the fourth lot, which provides great expectations and enormous costs. Congress recently that the next pair of the overruns between a ‘‘target cost’’ Since it was first deployed, the Marine these satellites built by Lockheed Mar- and ‘‘ceiling price’’ be shared between Corps’ version of the V–22 has had a tin could cost $438 million more than the government and prime contractor mission-capable rate in the middle to previously estimated and could be de- is failing to incentivize the contractor high 60-percent range as compared to livered a year late. Many of the space to control its costs, so tougher meas- the latest version of the Army’s heavy- programs are facing these same kinds ures are warranted. We should all hope lift helicopters, the CH–47s, which had of overruns. they work. readiness rates in the high eighties to In the area of military space procure- Another example is the Marine low nineties. During its recent deploy- ment, the Air Force’s Advanced Ex- Corps’ Expeditionary Fighting Vehicle, ment in Afghanistan, in fact, the V–22’s tremely High Frequency satellite is the EFV. The Marine Corps and Gen- engine saw a service life of just above worth mentioning. This system of sat- eral Dynamics originally promised that 200 hours, well short of the 500 to 600 ellites is supposed to replenish the ex- the EFV was going to be the most ad- hours that the program’s managers isting Milstar system with more robust vanced and operationally effective am- originally estimated. That has caused and secure communication capabilities phibious assault vehicle ever produced. the cost-per-flying hour to more than for strategic and tactical warfighters. It was originally designed to be an double to over $10,000 an hour as com- While the first of six of these was over-the-horizon platform to protect pared to about $4,600 per hour for the launched in August 2010, glitches with the Navy ships from mines and shore- much older CH–46 it was intended to re- its thruster delayed the satellite from based missiles and maximize our flexi- place or about $2,600 per hour for a new, reaching its planned orbit by more bility and the enemy’s difficulty in modern MH–60 Blackhawk helicopter. than a year and significantly affected planning a defense. When it is not being repaired, the V– when the other two satellites will The EFV was intended to be capable 22 performs its missions impressively, launch. In connection with how the of being launched from a ship up to 25 but the sustainment cost of keeping prime contractor, Lockheed Martin miles away from shore and speed to a the V–22 flying is eating up the Marine Space Systems, has performed on this landing zone at 25 knots. Once ashore, Corps’ budget and causing aircraft program, the Air Force penalized Lock- the EFV would then be able to travel maintainers to work much harder than heed Martin by reducing its award fee at speeds equal to those of the Abrams should be required for a brandnew air- under the contract by $15 million. tank. The Marines were originally sup- craft. While the V–22 program was sup- One space acquisition program I have posed to buy over 1,000 of these vehi- posed to cost just over $39 billion, inde- focused on is the Evolved Expendable cles, which were to be initially oper- pendent estimates are that it will come Launch Vehicle Program. Largely be- able by 2010, at a total cost of $7.3 bil- in at $56 billion, a 43-percent increase. cause of lack of competition and the lion. Needless to say, things did not Mr. President, I ask unanimous con- Department’s reliance on a sole incum- turn out that way. sent for 10 additional minutes. bent provider, by some estimates Prototypes of the EFV were tested The PRESIDING OFFICER. Is there EELV’s costs may increase by more and were about 1,900 pounds too heavy objection? Without objection, so or- than 50 percent over the next 5 years. and blew past original cost estimates dered. I don’t want to overlook the Army. for research and development. Testing Mr. MCCAIN. The price per aircraft Among all services the Army has had also revealed significant problems in has risen by 186 percent from $42.8 mil- the poorest record of pumping billions terms of limited visibility, excessive lion to $122.5 million. You will notice of dollars into weapons systems that noise, breakdowns in the loading sys- this hybrid helicopter airplane’s unit were never deployed. A recent Army tem of the 30-millimeter gun, and con- cost is approaching that of the trou- study indicated that since 1995, almost cerns about the hull’s vulnerability to bled F–35 priced at about $133 million a IED attacks. copy, as I mentioned earlier. But the 40 percent of research dollars the Army From its start in 1996 to about 2007, budget-strapped Marine Corps may spent did not result in the procurement the Marine Corps and General Dynam- have to afford both of them. of any product. The Army spent at ics said, ‘‘Don’t worry.’’ But at the end Recently, the Marine Corps conceded least $32 billion on development, test- of the day, the program’s cost rose by that over the last 3 years, the lifetime ing, and evaluation of 22 weapons pro- 55 percent to over $14 billion, and ini- cost of operating its V–22 aircraft had grams that were later canceled—al- tial capability was pushed back to 2016. increased 64 percent to $121.5 billion. most a third of its budget for creating At the start of this year, the cost of I want to talk about military space new weapons. Every year since 1995, each EFV was expected to be as much procurement for a minute. They are the Army has spent $1 billion on as $23 million, and the estimated cost among the most notorious for chron- doomed programs. Since 2004, canceled to operate and maintain the vehicle ically performing poorly. Army programs have consumed be- went up with the increase in that price. The Space-Based Infrared System tween $3.3 billion and $3.8 billion. This The Commandant of the Marine program is a particularly good exam- represents an average of 35 to 45 per- Corps estimated that the EFV would ple. It has been a problem since its in- cent of the Army’s annual budget for consume over 90 percent of the Marine ception in 1996. In fact, 5 years into the development, testing, and engineering Corps’ total ground combat vehicle program—in 2001—an independent re- when factoring in the cancellation of budget. Against that backdrop, former view cited the program as ‘‘too imma- the hugely expensive Future Combat Secretary Gates and the Commandant ture to enter the system design and de- Systems Program. called for this program to be termi- velopment phase’’ and observed that This brings us right to the FCS Pro- nated. Unfortunately, the taxpayers the program was based on faulty and gram. To say that this program was a had invested about $3 billion and the overly optimistic assumptions with re- spectacular, shameful failure would not Marine Corps had waited 15 years for spect to, among other things, ‘‘man- do it justice. First envisioned in 1999 by an improved amphibious vehicle that agement stability and the level of un- then-Army Chief of Staff GEN Eric simply became too costly to buy. derstanding requirements.’’ Shinseki, FCS was intended to be a Another example of a legacy acquisi- That was 2001, when it was deter- revolution in capability—the center- tion program in trouble is the V–22 Os- mined that total program costs could piece in the Army’s effort to transform

VerDate Mar 15 2010 03:38 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.019 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8632 CONGRESSIONAL RECORD — SENATE December 15, 2011 itself into a lighter, more modular, and The Airborne Laser effort is to be son, retired from the Air Force, during what more deployable fighting force. Origi- canceled. The fantastic story of the period of time did he serve as an advisor, nally and erroneously executed under a VH–71 new Presidential Helicopter Re- consultant or mentor, or in any other simi- lar capacity, to the Air Force? type of contract more fitting for small- placement Program was canceled only 2. Describe, with specificity, General Rob- er programs, the FCS was supposed to after it became more expensive than a ertson’s duties, responsibilities and activi- develop 18 manned and unmanned full-size 747. ties while serving in the foregoing capacity ground systems, including sensors, ro- What can we do? during this period. bots, UAVs, and vehicles, all connected I know it is time for us to get on with 3. Identify, with specificity, what project(s) by a complicated mobile electronic the Defense authorization bill. General Robertson served on in the foregoing network. When work began on this pro- We need to have transparency. We capacity, including but not limited to, as a gram in 2000, the Army estimated that mentor. need to have accountability. We have 4. Describe, with specificity, what relation- the first combat units would be to use competition to encourage indus- ship these projects had with any program or equipped by 2011 and that all the try to produce desired outcomes and process in which Boeing had a direct or indi- Army’s ground combat formations better incentivize the acquisition rect interest. would be equipped by 2032. The Army workforce to do more with less. We 5. Describe, with specificity, the activity initially estimated the entire effort have to do a lot of things. We have cited in the article described above (i.e., a would cost about $160 billion. clearly failed to abide by the warning ‘‘war game’’) and what relationship, if any, By 2006, independent cost estimators that this activity had with the pending Air President Eisenhower issued in his Force program to replace its aerial refueling at the Pentagon pegged total procure- speech 50 years ago, but I do find some tanker fleet. ment costs at upwards of $300 billion. comfort that times of fiscal restraint 6. Describe what was happening with the And, from there, with the assistance of and austerity can drive desired change, Air Force’s program to replace its aerial re- a fundamentally flawed fee structure even in the face of daunting systemic fueling tanker fleet while the foregoing ac- that was not focused on objective re- obstacles such as the military-indus- tivity was conducted. 7. What direct or indirect input or influ- sults, FCS total costs kept growing. To trial-congressional complex. We must make a long story short, in April 2009, ence did General Robertson have in the out- do better. come of the activity for which he was serv- then-Secretary Gates terminated most Mr. President, I yield the floor. I ing as a mentor (or in any similar capacity) of the program and the problem. thank my friend from Michigan for his or the overall program or process that this While the Army has had its problems, indulgence. activity was intended to support? the Navy’s Littoral Combat Ship is an- 8. How much per year and in total com- EXHIBIT 1 other example of a fundamentally pensation was General Robertson paid for his U.S. SENATE, flawed acquisition process. Originally service as an advisor, consultant or mentor, COMMITTEE ON ARMED SERVICES, conceived by former Chief of Naval Op- or in any other similar capacity, to the Air Washington, DC, December 1, 2011. Force? erations Vern Clark as a revolutionary, Hon. LEON PANETTA, 9. Please provide a copy of his employment new, affordable class of surface com- Secretary of Defense, contract(s) with the Air Force for his service batant—about the size of a light frigate Pentagon, Washington, DC. in the foregoing capacity. or Coast Guard cutter—the LCS was to DEAR SECRETARY PANETTA: I was very 10. Explain why it reportedly took two be able to conduct shallow-water and troubled to read recently in USA Today that years to provide the information described near-shore operations. the Air Force allowed a retired general offi- above where this information was responsive The first two LCS contracts set the cer who was then-serving as an executive in to a properly presented FOIA request. The Boeing Company to participate as a cost of the sea frame at $188 million 11. What is the current status or the De- ‘‘mentor’’ in a war game involving the aerial partment of Defense’s mentor program? each. After spiking to over $730 mil- refueling tanker that Boeing was at the 12. If the program is still extant at all, lion, the cost is now about $400 million same time competing to build for the Air what controls are in place today that will per hull. In December of 2010, the Pen- Force under a multibillion dollar procure- ensure against conflicts-of-interests and the tagon’s chief tester gave LCS poor per- ment program. This, in my view, warrants appearance of impropriety by its partici- formance ratings, saying that ‘‘LCS is serious inquiry. pants? not expected to be survivable in terms According to the article, the retired gen- Thank you for your cooperation and your of maintaining a mission capability in eral officer previously served as the chief of attention to this serious matter. Sincerely, a hostile combat environment.’’ U.S. Transportation Command and Air Force Mobility Command, which would have given JOHN MCCAIN, I continue to be very troubled by the him keen insight into the Air Force’s plans Ranking Member. Navy’s decision late last year to set to replace its aerial refueling tanker fleet. It f aside then-pending competition and appears that what this mentor did for the award contracts to each of the bidders Air Force in this case directly related to one NATIONAL DEFENSE AUTHORIZA- on this program. of Boeing’s largest potential contracts with TION ACT FOR FISCAL YEAR The F–22 raptor program. The F–22 the Air Force. This makes the story particu- 2012—CONFERENCE REPORT was supposed to maintain air superi- larly alarming. No less disturbing is that the The PRESIDING OFFICER. Under ority in the face of the Soviet threat Air Force apparently withheld publicly dis- closing this information from a Freedom of the previous order, the Senate will pro- during the Cold War. The F–22 obtained ceed to the consideration of the con- full operational capability 20 years Information Act (FOIA) request for approxi- mately two years. ference report to accompany H.R. 1540, later, well after the Soviet Union dis- This latest revelation plainly validates my which the clerk will report. solved. When it finally emerged from concerns that I conveyed last year about the The assistant legislative clerk read its extended testing and development potential for conflicts-of-interests associated as follows: phase, the F–22 was recognized as a with military mentor programs. It is also an- The committee of conference on the dis- very capable tactical fighter, probably other example of the revolving door between agreeing votes of the two Houses on the the best in the world for some time to the Department and private industry and the amendment of the Senate to the bill (H.R. come. But plagued with development prevalence of the military-industrial com- 1540), to authorize appropriations for fiscal and technical issues that caused the plex in the Department’s planning and pro- year 2012 for military activities of the De- curement processes, which has plagued the costs of buying to go through the roof, partment of Defense, for military construc- Air Force’s attempts to replace its aerial re- tion, and for defense activities of the Depart- not only was the F–22 20 years in the fueling tanker fleet from day-one. making, but the process has proved so ment of Energy, to prescribe military per- Although there appears to be general com- sonnel strengths for such fiscal year, and for costly that the Pentagon could ulti- fort that the contract for the KC–46A was other purposes, having met, after full and mately afford only 187 of the planes awarded properly and that the contracting free conference, have agreed that the House rather than the 750 it originally strategy for the development of these tank- recede from its disagreement to the amend- planned to buy. To make a long story ers is viable, whether any misconduct some- ment of the Senate and agree to the same short, the F–22 has not flown in combat how biased the program at its inception to- with an amendment, and the Senate agree to since its inception. wards a particular outcome must be taken the same, signed by a majority of the con- very seriously. ferees on the part of both Houses. The DDG–1000 Zumwalt Class De- With this in mind, please answer the fol- stroyer was supposed to cost $1.1 bil- lowing questions. (The conference report is printed in lion each. It is now expected to cost 1. After the individual cited in the article, the House proceedings of the RECORD of $3.5 billion each. retired Lieutenant General Charles Robert- December 12, 2011.)

VerDate Mar 15 2010 03:38 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.021 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8633 The PRESIDING OFFICER. There port is the provision relative to mili- The language in the Senate bill and will be up to 3 hours of debate equally tary detention for foreign al-Qaida ter- in the conference report is intended to divided between the leaders or their rorists. This provision was written to preserve the operational flexibility of designees. be doubly sure there is no interference law enforcement and national security The Senator from Michigan. with civilian interrogations and other professionals in the executive branch. Mr. LEVIN. Mr. President, I yield law enforcement activities and to en- Nothing in the language limits the myself 20 minutes. sure that the President has the flexi- President as to when he can waive the The PRESIDING OFFICER. Without bility he needs to use the most appro- provision or for whom he can waive it. objection, it is so ordered. priate tools in each case. The bill as For example, he is not required to Mr. LEVIN. Mr. President, on behalf passed in the Senate addressed this wait for a coverage determination to be of the Senate Armed Services Com- issue by including language that: No. 1, made before deciding to waive the re- mittee, I am pleased to bring to the left it to the President to adopt proce- quirements of the provision. Similarly, Senate the conference report on H.R. dures to determine who is a foreign al- he is not precluded from waiving the 1540, the National Defense Authoriza- Qaida terrorist and therefore subject to provision with regard to more than one tion Act for fiscal year 2012. This con- presumed military detention; No. 2, re- individual at a time—for example, with ference report, which was signed by all quired that those procedures not inter- regard to a group of conspirators or po- 26 Senate conferees, contains many fere with ongoing intelligence, surveil- tential codefendants. provisions that are of critical impor- lance, or interrogations by civilian law In short, the waiver language in the tance to our troops. This will be the enforcement; No. 3, left it to the execu- conference report is broad enough to 50th consecutive year in which a Na- tive branch to determine whether a reflect circumstances in which it is in tional Defense Authorization Act has military detainee who will be tried is the national security interests of the been enacted into law. tried by a civilian court or a military United States for a President to waive I thank all of the members and staff court; and No. 4, gave the executive the requirements of the provision with of the Senate Armed Services Com- branch broad waiver authority. respect to a category of covered per- mittee—and especially our sub- The conference report retains that sons, if he so determines, in order to committee chairs and our ranking language and adds additional assur- preserve the flexibility of counterter- members—for the hard work they have ances that there will be no interference rorism professionals and operators to done to get us to this stage. Every year with civilian interrogations or other we take on tough issues and we work take expeditious action. law enforcement activities. In par- With the exception of those assur- through them on a bipartisan basis, ticular, the conferees added language ances, the detainee provisions in the consistent with the traditions of our that says the following: conference report are largely un- committee. This year was a particu- Nothing in this section shall be construed changed from the provisions in the bill larly difficult one because of the se- to affect the existing criminal enforcement verely condensed timeline for floor that was approved by the Senate on a and national security authorities of the Fed- 93-to-7 vote just 2 weeks ago. Those consideration and conference on the eral Bureau of Investigation or any other do- bill. mestic law enforcement agency with respect who say we have written into law a I particularly thank my friend Sen- to a covered person, regardless of whether new authority to detain American citi- ator MCCAIN, our ranking minority such covered person is held in military cus- zens until the end of hostilities are member, for his strong support tody. wrong. Neither the Senate bill nor the throughout the process. I know both of It also modifies the waiver language conference report establishes new au- us thank the chairman and ranking to give the President, rather than the thority to detain American citizens—or member of the House Armed Services Secretary of Defense, the authority to anybody else. Committee, BUCK MCKEON and ADAM waive the requirements of the provi- The issue of indefinite detention SMITH, for their commitment to this sion. arises from the capture of an enemy bill and to the men and women of our Under the provision in the conference combatant at war. According to the Armed Forces. report, law enforcement agencies are law of war, an enemy combatant may The conference report we bring to the not restrained in apprehending sus- be held until the end of hostilities. Can floor today authorizes $662 billion for pects or conducting any investigations an American citizen be held as an national defense programs. While it au- or interrogations. If a suspect is appre- enemy combatant? According to the thorizes $27 billion less than the Presi- hended and is in law enforcement cus- law of war, an enemy combatant may dent’s budget request and $43 billion tody, the suspect can be investigated be held until the end of hostilities. But, less than the amount appropriated for and interrogated in accordance with again, can an American citizen be held fiscal year 2011, I am confident this existing procedures. If and when a de- as an enemy combatant? I believe that conference report, nonetheless, pro- termination is made that a suspect is a if an American citizen joins a foreign vides adequate support for the men and foreign al-Qaida terrorist, that person army or a hostile force such as al- women of the Armed Forces and their would be slated for transfer to military Qaida that has declared war and orga- families and provides them with the custody under rules written by the ex- nized a war against us and attacks us, means they need to accomplish their ecutive branch. Again, however, any that person can be captured and de- missions. ongoing interrogations are not to be tained as an enemy combatant under This conference report contains interrupted, and the President also has the law of war. many important provisions that will a waiver authority. If the suspect is In 2004, the Supreme Court held in improve the quality of life of our men transferred to military custody, all ex- the Hamdi case that ‘‘there is no bar to and women in uniform. It will provide isting law enforcement and national se- this Nation’s holding one of its own needed support and assistance to our curity tools remain available to the citizens as an enemy combatant.’’ troops on the battlefield. It will make FBI and other law enforcement agen- The Court cited with approval its the investments we need to meet the cies, and even if the suspect is held in holding in the Quirin case, in which an challenges of the 21st century, and it military custody, it would be up to the earlier court held that ‘‘citizens who will provide for needed reforms in the Attorney General, after consulting associate themselves with the military management of the Department of De- with the Secretary of Defense and the arm of the enemy government, and fense. Director of National Intelligence, to with its aid, guidance and direction I ask unanimous consent that a list determine whether the suspect will be enter this country bent on hostile acts, of some of the more significant provi- tried in Federal court or before a mili- are enemy belligerents within the sions be printed in the RECORD at the tary commission. The bill provides the meaning of . . . the law of war.’’ close of my remarks. Attorney General with broad discretion But despite that view of mine, which The PRESIDING OFFICER. Without to ensure that whatever consultation is I clearly expressed on the Senate floor objection, it is so ordered. conducted does not impede operational a couple weeks ago, neither the Senate (See exhibit 1.) judgments that may need to be made bill nor the conference report takes a Mr. LEVIN. Probably the most dis- to pursue investigative leads, effect ar- position on this issue. Both the Senate cussed provision in the conference re- rests or file charges. bill and the conference report include

VerDate Mar 15 2010 03:38 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.022 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8634 CONGRESSIONAL RECORD — SENATE December 15, 2011 the language of the Feinstein amend- It requires the Department of De- vative research and technologies that ment, which we drafted together and fense and Department of Defense sup- have contributed significantly to the passed 99 to 1. That amendment leaves pliers to purchase electronic parts from expansion of the defense industrial this issue to the executive branch and manufacturers and their authorized base and the development of new mili- the courts by providing the following: dealers or from trusted, certified sup- tary capabilities. Nothing in this section shall be construed pliers. As to Pakistan, the conference report to affect existing law or authorities relating It requires Department of Defense of- limits to 40 percent the amount of the to the detention of United States citizens, ficials and Department of Defense con- Pakistan Counterinsurgency Capa- lawful resident aliens of the United States, tractors that become aware of counter- bility Fund that can be obligated until or any other persons who are captured or ar- feit parts in the supply chain to pro- the Secretary of Defense provides Con- rested in the United States. vide written notification to the govern- gress with a strategy on the use of the The more difficult issue for me—and ment. fund and on enhancing Pakistan’s ef- I believe it goes to the heart of the con- It requires the Department of De- forts to counter the threat of impro- cern of the detention policy—is the fense and its largest contractors to es- vised explosive devices, those IEDs kind of war we are in with al-Qaida, tablish systems and procedures to de- which kill so many of our troops and so and that issue is when does the deten- tect and avoid counterfeit parts. many civilians. tion end? In other words, when are the It requires the Secretary of Home- Finally, the Department of Defense hostilities over? In this kind of non- land Security to consult with the Sec- has informed us it does not need an ex- traditional war, we are not likely to retary of Defense on the sources of emption from section 526 of the Energy sign a peace treaty or receive a formal counterfeit electronic parts in the Independence and Security Act of 2007 surrender or even reach an agreement military supply chain and establish a because that section does not apply to on a cease-fire. purchases at market prices from gen- Under these circumstances, it is ap- risk-based program of enhanced inspec- propriate for us to provide greater pro- tion of imported electronic parts. erally available fuel supplies and does It authorizes Customs to share infor- cedural rights to enemy detainees than not preclude the Department from pur- we might in a more traditional war. We mation from electronic parts inspected chasing any fuel it needs or expects to have done so in this conference report. at the border with manufacturers to purchase in the foreseeable future. We are in the final stages of with- The conference report, for instance, re- help determine whether the parts are drawing our combat troops from Iraq, quires periodic reviews of detainee counterfeit. but we continue to have almost 100,000 cases in accordance with an executive It strengthens criminal penalties for order issued earlier this year to deter- counterfeiting military goods or serv- U.S. soldiers, sailors, airmen, and ma- mine whether detainees pose a con- ices. rines on the ground in Afghanistan. We are very grateful for the support tinuing threat or safely can be re- While there are issues on which we leased. Under the conference report, of Members of this body for that provi- may disagree, we all know we must enemy combatants who will be held in sion. provide our troops the support they Relative to the strengthening of long-term military detention are told, need as long as they remain in harm’s criminal penalties, I wish to add our for the first time, they will get a mili- way. The enactment of this conference tary judge and a military lawyer for thanks to Senator WHITEHOUSE for his report will improve the quality of life their status determination. work on this subject, for his provisions for our men and women in uniform. It The conference report includes many relative to additional criminal pen- will give them the tools they need to other important provisions. alties for counterfeiting military goods remain the most effective fighting It includes new sanctions against the that are a part of this bill, and they are force in the world. Most important of financial sector of Iran, including the a very important part. all, it will send an important message Central Bank of Iran. These sanctions The conference report requires sound that we as a nation stand behind our would, among other actions, require planning—this is another provision of troops and we deeply appreciate their foreign financial institutions to choose this bill—and justification before we service. between maintaining ties with the U.S. spend more money on troop realign- In conclusion, I would, once again, financial system or doing business with ment from Okinawa to Guam and on thank Senator MCCAIN, all our Mem- the Central Bank of Iran. tour normalization in Korea. Those bers, and our majority and minority It includes provisions addressing the provisions follow detailed oversight staff, led by Rick DeBobes and Dave problem of counterfeit parts that can that Senators WEBB, MCCAIN, and I Morriss, for their hard work on this undermine the performance of military have conducted. bill. We could not have done this with- weapons systems and endanger our On some other provisions: The con- out them. men and women in uniform. This is one ference report requires that the next I ask unanimous consent that a full of the most important additional provi- lot of F–35 aircraft—lot 6—and all sub- list of our majority and minority staff, sions we have in our bill; that is, the sequent aircraft, be purchased under who gave so much of themselves and provisions relative to these counterfeit fixed-price contracts, with the con- their families, be printed in the parts that are flooding our defense sys- tractor assuming full responsibility for RECORD. tem with electronic parts that are any costs above the target cost speci- There being no objection, the mate- counterfeited and come mainly from fied in the contract. rial was ordered to be printed in the China. We were able to identify ap- Our conference report fences 75 per- RECORD, as follows: proximately 1,800 cases of suspect cent of the money available for the Me- SENATE ARMED SERVICES COMMITTEE STAFF counterfeit electronic parts, covering dium Extended Air Defense System— Richard D. DeBobes, Staff Director; David more than 1 million individual parts, MEADS—until the Secretary of De- M. Morriss, Minority Staff Director; Adam J. with most of them, again, coming from fense submits a detailed plan to use Barker, Professional Staff Member; June M. China. This conference report includes those funds to close out the program or Borowski, Printing and Documents Clerk; pay contract termination costs. Leah C. Brewer, Nominations and Hearings comprehensive reforms to keep coun- Clerk; Christian D. Brose, Professional Staff terfeit electronic parts out of the de- The conference report includes Sen- Member; Joseph M. Bryan, Professional Staff fense supply chain and provides proper ator LANDRIEU’s bill to extend the Member; Pablo E. Carrillo, Minority Inves- accountability when suspect parts Small Business Innovative Research— tigative Counsel; Jonathan D. Clark, Coun- make it through that chain. SBIR—Program for an additional 6 sel; Ilona R. Cohen, Counsel; Christine E. In particular, the conference report years. It has been about 6 years since Cowart, Chief Clerk; Jonathan S. Epstein, relative to this subject does the fol- we reauthorized this vitally important Counsel; Gabriella E. Fahrer, Counsel; Rich- lowing: program, which provides a huge benefit ard W. Fieldhouse, Professional Staff Mem- It clarifies acquisition rules to en- to our small businesses so they can ef- ber; Creighton Greene, Professional Staff Member; Ozge Guzelsu, Counsel; John Heath, sure that the cost of replacement and fectively participate in research pro- Jr., Minority Investigative Counsel. rework that is required by the use of grams that are funded by the Federal Gary J. Howard, Systems Administrator; suspect counterfeit parts is paid by the Government. In the defense arena, Paul C. Hutton IV, Professional Staff Mem- contractor, not by the taxpayer. SBIR has successfully invested in inno- ber; Jessica L. Kingston, Research Assistant;

VerDate Mar 15 2010 04:27 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.023 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8635 Jennifer R. Knowles, Staff Assistant; Mi- The PRESIDING OFFICER. Without to gain as much information from such chael J. Kuiken, Professional Staff Member; objection, it is so ordered. individuals as possible regarding their Kathleen A. Kulenkampff, Staff Assistant; Mr. MCCAIN. Madam President, I plans to wage war against our citi- Mary J. Kyle, Legislative Clerk; Gerald J. fully support the conference report and Leeling, Counsel; Daniel A. Lerner, Profes- zens—I want to emphasize—without sional Staff Member; Peter K. Levine, Gen- the national defense authorization bill violating the rules of war, without vio- eral Counsel; Gregory R. Lilly, Executive As- for fiscal year 2012. This is the 50th lating the Geneva Conventions, with- sistant for the Minority; Hannah I. Lloyd, year the Congress will pass this, and I out engaging in torture or waterboard- Staff Assistant; Mariah K. McNamara, Staff am now confident this bill will be ing or any of the kinds of techniques Assistant; Jason W. Maroney, Counsel; signed into law by the President of the that have stained America’s honor in Thomas K. McConnell, Professional Staff United States. the 21st century. Member; William G. P. Monahan, Counsel; It is an important piece of legisla- Lucian L. Niemeyer, Professional Staff tion. I appreciate the participation of I strongly believe the detainee provi- Member. sions in the bill are constitutional and Michael J. Noblet, Professional Staff Mem- all Members, as we went through this ber; Bryan D. Parker, Minority Investigative bill in a relatively short period of time. in no way infringe upon the rights of Counsel; Christopher J. Paul, Professional There certainly was a lot of participa- law-abiding Americans. Unfortunately, Staff Member; Cindy Pearson, Assistant tion by almost every Member. rarely in my time have I seen legisla- Chief Clerk and Security Manager; Roy F. I am most appreciative, of course, of tion so consistently misunderstood and Phillips, Professional Staff Member; John H. Senator LEVIN, whom I have had the misrepresented as these detainee provi- Quirk V, Professional Staff Member; Robie I. honor of serving with for many years. sions. The hyperbole used by both the Samanta Roy, Professional Staff Member; Brian F. Sebold, Staff Assistant; Russell L. Quite often we have spirited discus- left and the right regarding this lan- Shaffer, Counsel; Michael J. Sistak, Re- sions on various issues, but my admira- guage is false and misleading. search Assistant; Travis E. Smith, Special tion and appreciation for his leadership Let me be clear. The language in this Assistant; William K. Sutey, Professional is very large. He is a man of incredible bill will not affect any Americans en- Staff Member; Diana G. Tabler, Professional patience—a quality some accuse me of gaging in the pursuits of their con- Staff Member; Mary Louise Wagner, Profes- lacking, I think correctly. sional Staff Member; Barry C. Walker, Secu- stitutional rights. The language does Senator LEVIN and his staff and our rity Officer; Richard F. Walsh, Minority recognize that those people who seek staff work very closely together Counsel; Bradley S. Watson, Staff Assistant; to wage war against the United States throughout the year as we bring forth Breon N. Wells, Staff Assistant. will be stopped, and we will use all eth- this Defense authorization bill. Obvi- Mr. LEVIN. I yield the floor. ical, moral, and legal methods to do so. ously this bill provides for defense pol- EXHIBIT 1 icy guidance and funding that is vital I am very pleased that the adminis- SELECTED HIGHLIGHTS OF THE NATIONAL DE- tration has finally recognized that the FENSE AUTHORIZATION ACT FOR FISCAL to our national security, provides the YEAR 2012 clearest indication to our men and language we have adopted merits the —Authorizes a 1.6 percent across-the-board women in uniform that the Congress President’s signature and will soon be pay raise for all uniformed military per- cares about them and their families. signed into law. While we have made sonnel and extend over 30 types of bonuses In testament to the importance of some technical changes to the detainee and special pays aimed at encouraging en- this legislation, as I mentioned, we provisions, they remain substantially listment, reenlistment, and continued serv- have passed a defense authorization the same as passed by the Senate ice by active-duty and reserve military per- bill every year since 1961. Armed Services Committee. sonnel; Let me remind my colleagues of the —Extends authorities needed to fairly The Congress, in strong bipartisan hard work that went into this bill. The compensate civilian employees and highly majorities, especially in the Com- bill is a product of 11 months of legisla- qualified experts who are assigned to work mittee on Armed Services, is deeply overseas in support of contingency oper- tive effort in the Senate, 71 hearings concerned by the administration’s ations; and meetings on the full range of na- flawed handling of detainees in the —Clarifies provisions of the Uniform Code tional security priorities. We reported of Military Justice relating to the offenses of our bill out of the committee with a 26- fight against terrorism. rape, sexual assault, and other sexual mis- conduct to address constitutional defi- to-0 vote. We debated nearly 40 hours, It was Congress that took up this ciencies in the existing law; disposed of 139 amendments, and the vital national security issue and draft- —Extends the authority of U.S. Special Op- bill was overwhelmingly passed 93 to 7. ed all the versions of these provisions erations Forces to provide support to regular After Senate passage on December 1, and led the negotiations on all of the forces, irregular forces, and individuals aid- our staffs have worked around the major compromises. Yes, we listened to ing U.S. special operations to combat ter- clock for 9 days to put this together. the administration’s concerns, as we rorism; —Freezes the Department’s spending on As Senator LEVIN mentioned, it au- should, and we took many of them into contract services at fiscal year 2010 levels, to thorizes $662.4 billion for national de- account. Unfortunately, the adminis- ensure that cost reductions and savings are fense, which is $26.6 billion less than tration has fought these provisions spread across all components of the DOD the President’s request. It authorizes every step of the way. They tried to workforce; $530 billion for the base budget for the have these provisions stripped from the —Authorizes the Department to void a Department of Defense, and it goes on. Senate bill as a condition for bringing contract in Afghanistan, if the contractor or We authorize a 6-percent increase in its employees are determined to be actively it to the floor for debate. When that working with the enemy to oppose U.S. funding over last year’s request for our did not work, they tried to have these forces in that country; special operations forces, who play a provisions dropped from the bill —Implements cost-saving programs to ad- lead role in counterterrorism oper- through amendments on the floor. dress rapidly escalating costs for the oper- ations. We authorize over $2.4 billion to When that did not work, they urged the ation and support of weapon systems, includ- counter improvised explosive device ac- conferees to drop these provisions in ing costs incurred as a result of corrosion; tivities. The IEDs still plague the men and conference or at least water them down —Enhances the role of the National Guard and women who are serving in Afghani- into nothingness. Again and again, the by including the Chief of the National Guard stan. administration failed. So for them now Let me also mention some note- Bureau as a member of the Joint Chiefs of to try to claim credit for these provi- worthy provisions in this legislation. Staff. sions flies in the face of the historical Mr. LEVIN. I suggest the absence of The conference report includes strong, unambiguous language that record. Facts are stubborn, and when it a quorum. comes to these detainee provisions, the The PRESIDING OFFICER (Mrs. recognizes that the war on terror ex- tends to us at home and that we must fact is this: Congress has led and de- HAGAN). The clerk will call the roll. fined the debate, and the administra- The bill clerk proceeded to call the address it as such. The language the tion has finally conceded to that re- roll. Senate adopted regarding detainees Mr. MCCAIN. Madam President, I ask recognizes both that we must treat ality. unanimous consent that the order for enemy combatants who seek to do us Let’s establish once again what these the quorum call be rescinded. harm as such and that we must be able detainee provisions do and do not do.

VerDate Mar 15 2010 04:27 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.005 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8636 CONGRESSIONAL RECORD — SENATE December 15, 2011 They would, among other things, re- The provision adopted in the con- displayed a great deal of courage in for- affirm the military’s existing author- ference report requires that such deter- mulating what he thought was best for ity to detain individuals captured in mination must not interfere with ongo- our Nation’s security. the course of hostilities conducted pur- ing intelligence, surveillance, or inter- Regardless of the motivation that suant to the authorization of the use of rogation operations. may have colored the debate until now, military force. All of this flexibility was added to I believe that, by any responsible read- The ‘‘authority to detain provision’’ the bill even before we began negotia- ing, these provisions will not impair in the conference report confirms that tions with the White House to make it the flexibility of the President or na- nothing in this section of the bill clear that the intent of the Senate’s tional security officials in protecting should be ‘‘construed to affect existing provisions was not to tie the adminis- the United States and its citizens. The law or authorities relating to the de- tration’s hands but to give them addi- military custody provision, which has tention of United States citizens, law- tional means to defeat the most serious been the focus of much of this debate, ful resident aliens of the United States, type of threat from al-Qaida to our provides flexibility to use either a ci- or any other persons who are captured country. The result of these Senate vilian track or a military track for or arrested in the United States.’’ modifications to the original form of custody and eventual trial and leaves There could be nothing clearer than the provisions ensures that the execu- the details of implementation in the that statement. tive branch has complete flexibility in hands of the executive branch, as it is This confirmation of the intent of how it first determines and then how it appropriate to do so. It preserves the the bill was inserted as a result of floor applies military custody for al-Qaida current state of the law as it applies to debate and negotiations with the Sen- members who are captured after having the rights of U.S. citizens and lawful ator from California, Mrs. FEINSTEIN, attacked the United States or while resident aliens. to make absolutely clear what Chair- planning or attempting such an attack. In terms of FBI authority to conduct man LEVIN and I and members of the Moreover, after meeting with FBI Di- investigations and interrogations, as committee who have supported this rector Robert Mueller, the Senate con- well as use other instruments of the in- legislation have said throughout—that ferees added language in conference in vestigative and criminal process, these this provision does not and is not in- response to his concerns about the im- provisions preserve all of the FBI’s role tended to change the existing state of pact on FBI operations confirming that and authority under existing law. the law with regard to detention of nothing in this provision may be ‘‘con- The conference report also includes, U.S. citizens. This section simply re- strued to affect the existing criminal virtually unchanged, the Senate provi- states the authority to detain what has enforcement and national security au- sion requiring a plan to normalize U.S. already been upheld by the Federal thorities of the Federal Bureau of In- defense cooperation with Georgia and courts. We are not expanding or lim- vestigation, or any other domestic law the sale of defensive weapons. U.S. de- iting the authority to detain as estab- enforcement agency, with regard to a fense cooperation with the Republic of lished by the 2001 authorization for the covered person, regardless whether Georgia has been stalled ever since use of military force. such covered person is held in military Russia invaded that country 3 years The conference report also includes a custody.’’ ago. While there has been slow and provision requiring military detention It is the intent of the Senate con- minor progress to enable Georgia’s for foreign al-Qaida terrorists who at- ferees, in agreement with House col- armed forces to deploy to Afghani- tack the United States—something leagues on a bipartisan basis, that the stan—which they have done in greater this administration has been not only FBI continue to execute the full range numbers than most of our NATO al- hesitant but completely unwilling to of its investigative and counterterror- lies—precious little has been done to even consider until this legislation ism responsibilities and that any shift strengthen Georgia’s ability to defend highlighted the inconsistency between to military custody will be an adminis- its government, people, and territory. claiming the authority to kill an al- trative measure that does not limit in This provision would require the Sec- Qaida member with drones overseas any way the FBI’s authority. retary of Defense, in consultation with but not being willing to hold a cap- I acknowledge that these issues were the Secretary of State, to develop a tured al-Qaida member in military cus- very controversial with some Members. plan for the normalization of our de- tody in the United States, even in a These provisions were debated exten- fense cooperation with Georgia, espe- situation where the al-Qaida terrorist sively—as thoroughly as any matter I cially the reestablishment of U.S. sales had penetrated our defenses and had have seen in recent memory—but I be- of defensive weapons. It puts the Con- carried out or attempted an attack in- lieve we have addressed in a positive gress on record as demanding a more side the United States. way and have been responsive to con- normal U.S. defense relationship with The authority to hold al-Qaida mem- cerns raised by the administration. In- Georgia, particularly on defensive bers in military custody, while com- deed, the Senate made changes both on arms sales. pletely consistent with the law of war the floor and during conference to en- The conference report includes a that applies to enemy combatants, is sure that the intent of the provisions strong and important provision to not a straitjacket but is as flexible as was fully understood by the adminis- sanction the Central Bank of Iran, to the President desires to make it. tration and others even before negotia- curtail Iran’s ability to buy and sell pe- While we in Congress have given the tions over the final form of the text troleum through its Central Bank, and President a statutory authority to use began. to prevent foreign financial institu- military custody for al-Qaida members In many ways, as Chairman LEVIN tions that deal with the Central Bank as a tool to ensure that we are able to has pointed out in many of his public of Iran from continuing their access to obtain timely, actionable intelligence, statements and speeches on these de- the U.S. financial system. This provi- the President can exercise a broad na- tainee provisions, rarely has such mis- sion, which was adopted on the Senate tional security waiver to this require- information, speculation, and outright floor by a vote of 100 to 0, and the at- ment—a broad national security waiv- misrepresentation been greater over tempted assassination of the Saudi er. Most important, this provision re- what a bill actually does compared to Ambassador here in Washington, DC, quiring military detention explicitly what some from the left and right had a very positive and forceful effect excludes U.S. citizens and lawful resi- claim it does than has been the case on this bill being enacted by the Sen- dent aliens. with these detainee provisions. Wheth- ate. This provision would force foreign The military custody provision in the er 2012 campaign politics played a role financial institutions to make an im- final compromise authorizes the trans- in the characterization of these provi- portant choice: Do they want to deal fer of any detainee to civilian custody sions or whether this was simply a case with the U.S. economy or with Iran’s for trial in civilian court and leaves it of not fully understanding the intent of Central Bank? up to the President to establish proce- the authors of these provisions I will The Treasury Department urged the dures for determining how and when leave to others to decide. conferees to make a series of changes persons determined to be subject to I point out again that I think my to this provision, some of which would military custody would be transferred. friend from Michigan Senator LEVIN have narrowed its scope and weakened

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.027 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8637 it. We rejected that course of action. President or by our military and civil- to repeat one sentiment in the state- We made some minor technical ian leaders in the Pentagon. Examples ment that has to do with Senator changes but kept the provision as the of funding authorized by this con- MCCAIN and his staff. The way in which authors, Senators MENENDEZ and KIRK, ference report include $255 million for he and our staff work together is in the intended. The conferees did, however, additional M–1 tank upgrades the finest tradition of this body. Our com- provide the Treasury Department the Army didn’t want in order to keep the mittee has had that reputation. It is a ability to more effectively implement M–1 production line hot despite no well-earned, well-deserved reputation this legislation by imposing strict con- compelling need to upgrade more tanks that we are able to work on a bipar- ditions on foreign financial institu- at this time; $325 million for Army Na- tisan basis. tions that maintain ties to the Central tional Guard and Reserve equipment Senator MCCAIN continues in a great Bank of Iran. not requested by the Army; $8.5 million tradition on the Republican side, and I The conference report directs the for an Air Force R&D program called would hope I strive at least to do the Secretary of Defense to pause further the Metals Affordability Initiative that same on our side. We have had some spending on Guam in support of the re- the Air Force didn’t consider a high great leaders of our committee over location of 8,500 U.S. marines from Oki- enough priority to fund; $30 million for the decades, and Senator MCCAIN is one nawa until Congress and the adminis- an industrial base innovation fund that of those leaders in that tradition, and I tration have had an opportunity to re- the Pentagon didn’t ask for; $200 mil- want to say what a great pleasure it is view and assess the impact of an esti- lion for the Rapid Innovation Pro- to work with him. mated $20 billion spending initiative on gram—created by Congress in last I know our staffs work beautifully Guam in the context of the full range year’s Defense authorization bill—that together, and we are grateful for that. of our national interests in the Pacific the Pentagon never asked for and The Senator was right in pointing out region. This pause will allow Congress which has about $439 million in funds who we are doing this for—it is the to ensure that the taxpayer funds in- left over from last year it hasn’t fig- men and women in uniform—but we vested in overseas military force pos- ured out how to spend. couldn’t do that without our great ture and basing will afford us the best The bottom line is this: Congress will staffs, and I know he joins me, and has opportunity to continue our strong al- pump over $1.4 billion into things the already in his statement, in a tribute liances in the region, while pursuing Pentagon never requested and didn’t to our staffs. new arrangements with emerging part- think were a priority. The American Mr. MCCAIN. Madam President, I say ners that support security and eco- taxpayers are not fooled by this exer- to my friend from Michigan, I guess in nomic development. cise, and they have long ago lost pa- our many years together we have seen The final agreed-upon provision in- tience with it. For all the many good the ups and downs and back and forth, cludes a requirement for an inde- things this conference report did, we but during our more than a quarter of pendent study to offer views and sug- still fell short of providing only the a century of service we have always gestions from a range of regional ex- most essential needs and priorities of seen the bill coming to fruition and we perts on current and emerging U.S. na- the Department of Defense as identi- have carried on in that tradition. tional security interests in the Pacific fied by our civilian and military lead- I wish also to point out to my col- and options for the realignment of U.S. ers. A total of $1.4 billion is real money leagues, in a rather drab and dreary military forces in the region. The con- and could make an enormous difference landscape of gridlock and acrimony, it ference report would restrict the use of to many Americans if properly applied is kind of nice to show that every once $33 million in operation and mainte- to real priorities. in a while there is a little ray of sun- nance funds for items on Guam that do Those criticisms aside, as we look shine. So I hope we have been able to not directly support military require- forward to the holidays ahead, I want provide it for our colleagues, and I look ments, such as civilian schoolbuses, all Senators to think about whom this forward to a unanimous, if not near the construction of museums, and men- report is really for—the men and unanimous, vote on the part of this tal health facilities. women of our Armed Forces, who have body. This provision should not be inter- served our Nation so bravely and so I hope if there are other colleagues preted as a lack of U.S. commitment to selflessly during the past 10 years of who wish to come and speak on the realignment. The President has stated war. We owe it to them to pass this bill bill—I know we have planned a col- that we are shifting a lot of our atten- to demonstrate our support for them loquy on a provision of the bill con- tion to the Pacific region, and we un- and the burden they carry for all of us cerning depots—so, hopefully, our col- derstand the importance of the Pacific and to show in a concrete way that the leagues who are very concerned about region in the 21st century. American people and the Congress that issue might want to arrange to Finally, the conference report in- stand with them and appreciate what come to the floor so we can dispose of cludes a provision to require that the they do for us. Passing this bill is real- that. contract for the sixth slot of ‘‘low-rate ly the very least we can do for so many I don’t know of any other except, I initial production’’ for the Joint Strike who are willing to give all they have to think, Senator UDALL, who wishes to Fighter be executed on a firm fixed- defend us and our great country. come. price basis. The Pentagon has thus far Finally, I thank Chairman LEVIN and Mr. LEVIN. I think one on our side. failed to incentivize the prime con- Chairman MCKEON and Ranking Mem- While we are talking about rays of tractor to control costs. So a tougher ber SMITH for their dedication and co- lightness, we thank Senator HAGAN, measure, as embodied in the report, is operation in getting through the con- our Presiding Officer, who is a member warranted. ference in a rapid but comprehensive of our committee. She provides a ray of While I would have preferred the and collegial manner. It is an honor to light—one of the many rays of light on original Senate position that would work with Senator LEVIN on such an our committee. I see her presiding and have made the fixed-price requirement important cause for the American peo- smiling over this effort, and I wanted apply to the fifth lot currently being ple and for our men and women serving to acknowledge that she is an impor- negotiated, I strongly support this pro- around the world in the Department of tant part of it and to recognize her vision. The chairman and I are com- Defense, who risk their lives for us contribution as well. mitted to a close monitoring of this every day. They deserve positive action Mr. MCCAIN. I happen to know for a weapons system. We understand its im- and your vote on this conference re- fact that Senator HAGAN is a strong de- portance. We also understand that the port. fender of the men and women who kinds of cost overruns that have char- I urge my colleagues to vote for the serve her State, which has a very large acterized this system cannot be contin- conference report of the fiscal year 2012 military presence. I know they are ued. national defense authorization bill. very appreciative of her advocacy and I am gratified that there are no ear- The PRESIDING OFFICER. The Sen- service. marks in this bill. Unfortunately, it ator from Michigan. Before we get too hokey around here, still contains over $1.4 billion in spend- Mr. LEVIN. Madam President, I maybe we should suggest the absence ing that was never requested by the spoke at some length before, but I want of a quorum.

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.028 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8638 CONGRESSIONAL RECORD — SENATE December 15, 2011 The PRESIDING OFFICER. The The harsh comments and his insistence Mrs. HAGAN. Mr. President, I ask clerk will call the roll. that the December 4 election was valid will unanimous consent the order for the The legislative clerk proceeded to likely fuel anger and may draw even bigger quorum call be rescinded. call the roll. crowds of protest later this month. The PRESIDING OFFICER (Mr. Putin also lashed out at U.S. Senator John Mr. LEVIN. Madam President, I ask MANCHIN). Without objection, it is so McCain, who had goaded him with a Twitter unanimous consent that the order for post saying ‘‘the Arab Spring is coming to a ordered. the quorum call be rescinded. neighborhood near you.’’ Mrs. HAGAN. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that all time in the Quoting Putin now, the article con- objection, it is so ordered. quorum call be divided equally. tinues: SECTION 1022 The PRESIDING OFFICER. Without ‘‘He has the blood of peaceful civilians on objection, it is so ordered. Mr. LEVIN. Mr. President, section his hands, and he can’t live without the kind 1022(d) of the conference report states Mrs. HAGAN. Mr. President, I sug- of disgusting, repulsive scenes like the kill- gest the absence of a quorum. that ‘‘nothing in this section shall be ing of Gadhafi,’’ Putin said, referring to The PRESIDING OFFICER. The construed to affect the existing crimi- McCain’s role as a combat pilot and prisoner nal enforcement and national security of war in Vietnam. clerk will call the roll. The assistant legislative clerk pro- authorities of the Federal Bureau of In- He went on to say: ceeded to call the roll. vestigation or any other domestic law ‘‘Mr. McCain was captured and they kept Mr. LEVIN. Mr. President, I ask enforcement agency with regard to a him not just in prison, but in a pit for sev- unanimous consent that the order for covered person, regardless whether eral years,’’ he said. ‘‘Anyone (in his place) the quorum call be rescinded. would go nuts.’’ such covered person is held in military The PRESIDING OFFICER. Without custody.’’ Would the Senator agree I know my friend from Michigan may objection, it is so ordered. with me that this language is intended think there is some veracity to the last DEPOT PROVISIONS to ensure that the provision does not sentence from Putin’s comments, but I Mr. LEVIN. Mr. President, I now ask interfere with ongoing civilian interro- would mention that, in the context of unanimous consent that the following gations and other law enforcement ac- the National Defense bill, in my view, Senators be recognized for up to 4 min- tivities and that the President has the the reset with Russia has not gone as utes each to address the depot provi- flexibility he needs to decide on the we had hoped and it is an argument for sions in the bill, and at the end of their most appropriate law enforcement and some missile defense provisions in this remarks Senator MCCAIN and I be rec- intelligence tools for each individual bill in particular. ognized to address the same issue. This case? I think the reason why Mr. Putin re- was the order we were given. They may Mr. MCCAIN. Yes. That was the in- acted in the way he did is that I believe want to change it: Senator SESSIONS, tention of the provision we wrote in he has been shaken, as he should have Senator CHAMBLISS, Senator INHOFE, committee, and it has been clarified by been, by the massive demonstrations Senator SHAHEEN, Senator AYOTTE, and the addition of subsection (d). The that have taken place in Moscow and Senator HAGAN. statement of managers specifically other cities in Russia. It will be very The PRESIDING OFFICER. Is there states that the law enforcement and interesting on December 24 to see how objection? Without objection, it is so national security tools that are not af- large or whether there will be dem- ordered. fected by the provision include, but are onstrations concerning a government The Senator from Oklahoma. not limited to, grand jury subpoenas, that in many ways has turned into a Mr. INHOFE. Mr. President, let me national security letters, and actions cryptocracy, and the abuse of human thank the chairman of the committee. pursuant to the Foreign Intelligence rights, including the case of Mr. I appreciate the opportunity to have Surveillance Act. Magnitsky, who died in prison; and Mr. this colloquy because something has Mr. LEVIN. Section 1022 applies only Khodorkovsky, who was again sen- happened that shouldn’t have hap- to a person who is ‘‘a member of, or tenced to more time in prison, and pened. It happened over on the House part of, al-Qaeda or an associated force what Mr. Khodorkovsky and others side, and we had no control over it. that acts in coordination with or pur- have described as a death sentence. While I support and will vote for the suant to the direction of al-Qaeda.’’ These are very interesting times in fiscal year 2012 Defense authorization The statement of managers states that which we live, and the world is a very bill, this is the third year in a row we this language intentionally excluded interesting place. I think it argues for have bypassed the formal conference the Taliban. Would the Senator agree the United States of America to main- process. I am pleased we finished the with me that the requirements of sec- tain its defenses, as we have in the con- bill, but this broken process allows for tion 1022—including the transfer re- sideration of this bill. abuse, and we have certainly had some strictions applicable under that provi- The PRESIDING OFFICER. The Sen- abuse that I will allude to here. If the sion—do not apply to individuals de- ator from Michigan. proper procedure had been followed, tained by our forces in Afghanistan? Mr. LEVIN. Madam President, I had some of these problems would not have Mr. MCCAIN. Yes. Our forces in Af- not seen those remarks of Mr. Putin, happened. ghanistan can continue to transfer de- but referring to his last comment, read On December 3, the House Armed tainees to the host nation in accord- by Senator MCCAIN, I guess people Services Committee staff inserted new ance with existing agreements. This would go nuts in the setting Senator language into the conference that provision does not apply to battlefield MCCAIN found himself in the Vietnam would impact how DOD maintains its transfers in—Afghanistan. war. He probably is perhaps, only in ships, maintains its aircraft, maintains The PRESIDING OFFICER. The Sen- that line, accurate that most people, its ground vehicles—private and pub- ator from Arizona. indeed, could not have survived that lic—impacting thousands of jobs in a Mr. MCCAIN. Madam President, for experience. I know Senator MCCAIN number of States. That was December the benefit of my colleagues, there is a does not raise this matter, but those of 3. It wasn’t until the morning of De- bit of interesting news today. When the us who work with him appreciate all he cember 7 that I, along with several demonstrations began in Moscow, I has done for this country and for this other Senators, were shown the new tweeted—I am a big believer in body. I wish we had a chance to language. That was just 61⁄2 hours be- tweets—and said, ‘‘Dear Vlad, the Arab straighten out Mr. Putin about Sen- fore we were to have our first con- Spring is coming to a neighborhood ator MCCAIN. I don’t think we will have ference. We were going to be asked to near you.’’ that opportunity, but maybe his own support the new language without a Apparently, Mr. Putin was not people will do so in a free election full vetting from the concerned Mem- amused, because an Associated Press someday. bers’ offices or from the depots and headline read: ‘‘Putin rejects any redo I suggest the absence of a quorum. shipyards, arsenals, the Shipbuilders of fraud-tainted vote.’’ The article also The PRESIDING OFFICER. The Council of America, the Virginia Ship mentioned he was apparently on a pro- clerk will call the roll. Repair Association, and all of the rest gram where he answered some ques- The legislative clerk proceeded to of these stakeholders and those who tions. To quote the article: call the roll. were concerned. That was November 7.

VerDate Mar 15 2010 05:09 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.030 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8639 Then on November 9, 2 days later, I, willingness to enter into this colloquy. That is not the way it should be, and along with Senators CHAMBLISS, SES- We had a discussion, as Senator INHOFE we need to fix that. SIONS, AYOTTE, COLLINS, HAGAN, and said, during the conference meeting The current ‘‘core’’ waiver in 2464 is SHAHEEN sent a letter to Chairman last week in which it now is apparent much narrower and more defined. The LEVIN and Chairman MCKEON from the that the process through which the presumption and philosophy in the cur- House and ranking members MCCAIN depot language was inserted was not rent waiver is that work, other than and SMITH opposing the new House proper. Senator LEVIN has been very up work on commercial items, will be con- Armed Services Committee language front and straight forward with us, and sidered core, and only considered not and asked that it not be included in the I appreciate his willingness to do this core when it is clear it no longer needs conference. today. I know the chairman has al- to be. The committee’s rewrite changes That was on December 9. We assumed ready acknowledged there are prob- that presumption based on new stand- they dropped the language, but they lems, and I appreciate his commitment ards which are unclear. didn’t. The new language was put in to not only discuss it today but to re- In addition to the two specific issues the bill at the insistence of staff, ap- visit these issues as soon as the next I have raised, there may be other unin- parently, from all we can determine. Senate session convenes and address tended consequences to these changes Several Members of the Senate com- this issue through a truly inclusive of which we are unaware since we have plained that the new language was not process during which all Members and had limited time, as Senator INHOFE in either the House or the Senate bill, stakeholders can express their views. said, to vet them and are just now re- so it should not have been able to be Clearly, there was a process problem ceiving feedback from some of the dropped in. related to how these provisions wound stakeholders. They took the position that this was up in the bill, and I think we can all During the chairman’s remarks and just a clarification of language that agree that for issues that are as central in response, I would appreciate his was already in, when in fact that to so many Members as the definitions commitment to revisit these issues as wasn’t the case because the new lan- of ‘‘depot maintenance’’ and ‘‘core,’’ soon as we can next year. I encourage guage was a complete and comprehen- the process needs to be inclusive and DOD to go slowly in implementing any sive rewrite of depot language con- extensive and both Houses of Congress changes since there is a good chance we tained in the original House bill. need to be equally involved. That sim- will make additional changes next Stakeholders were not included in ply did not happen in this case. year. I appreciate as well his commit- drafting the language. Senators were Specifically, related to the substance ment to include a legislative package not included. Nobody knew. of the provisions, I am extremely con- in next year’s national defense author- The problem we had at that point— cerned the rewrite of the 10 USC 2464 ization bill that gets it right. that was done on December 9. We were ‘‘core’’ statute replaces all references Again, I thank both Senator LEVIN all committed to passing out the bill at to ‘‘core logistics’’ functions in the and Senator MCCAIN for allowing us to that time, and many of the House original statute with ‘‘depot mainte- address this issue and for their willing- Members had already signed the con- nance and repair’’ functions. This basi- ness to cooperate as we move forward ference report. Then there was a roll- cally redefines ‘‘core’’ to be depot next year to clear this matter up. call vote, so they all disappeared. So maintenance only, to exclude other lo- The PRESIDING OFFICER. The Sen- our choice was to go back and open up gistics functions such as supply chain ator from North Carolina. everything again and nobody wanted to management and product support. This Mrs. HAGAN. Mr. President, I wish do that. does constitute a very significant to thank the chairman and the ranking So we had language contained in the change, and I would argue that it is ex- member for allowing this colloquy to Senate bill, but it was dropped out in actly in these areas of logistics func- take place. I also wish to state that I conference. That language specifically tions beyond simple depot maintenance believe the Senator from Oklahoma called for DOD to provide their inputs where the government has the greatest laid out a little bit of the groundwork by March 1, 2012, on a recent study on interest in protecting their own capa- of what we are discussing now. the capability and efficiency of the de- bilities. Yet the bill defines these ac- I rise to discuss the depot mainte- pots before—and I emphasize this—be- tivities out of the core definition. This nance issues associated with the fore any change in legislation because could very easily result in the govern- House-adopted language in the con- the study alone does not provide Con- ment’s ability to employ and therefore ference. We must avoid doing anything gress with a comprehensive view. This maintain expertise in areas such as that may upset the existing balance be- is what we requested. program management, supply chain tween DOD’s internal depots, logistic I thank Senators LEVIN and MCCAIN management, and product support centers, arsenals and specialty facili- for their support of this colloquy. I management atrophying. ties, and the industrial base. The wish we had time to take care of this I have no doubt that private industry House-adopted provision can disrupt in conference, but I hope that by doing applauds this change because they that delicate balance and have unin- this we can slow down the implementa- would be the ones to presumably pick tended consequences. We just don’t tion of the new language contained in up this work. However, we should not know who may be impacted. We need the bill until the Senate has had time kid ourselves into thinking industry time to get this right, and we need to to fully vet these changes. would be cheaper. If the government ensure a transparent process in which I certainly don’t blame Chairman loses this or any other depot-related all stakeholders can make their posi- MCKEON. His staff told him—because he capability, they will have an extremely tion known to Members of Congress. stated this in the meeting—his staff hard time rebuilding that expertise, The sensitivity associated with main- told him the new language was fully and this will only incentivize industry tenance workload is at an all-time vetted, but it was not, and we were not to charge more for their efforts. This is high. Disrupting the balance of depot- contacted. So the process is wrong. I clearly a problem and one of the issues level maintenance comes at a time have to say this is the first time in my we need to address next year. when our economy is struggling and 8 years in the House on the House Secondly, the waiver in the 2464 re- when DOD is consolidating depot Armed Services Committee and my 17 write is much broader than previously source-of-repair work for current and years in the Senate that I have seen and allows for a waiver for military emerging weapons systems. Addition- anything such as this happen. I hope equipment that is not an enduring ele- ally, prematurely disrupting the readi- we can delay implementing these ment of the national defense strategy. ness of our weapons systems fleet is changes until we in the Senate can be Perhaps this could make sense at some not an option, especially with the oper- heard. That is what this colloquy is all level if we knew what this meant, but ational tempo of our military. about. we don’t. What an ‘‘enduring element It is critically important to preserve The PRESIDING OFFICER. The Sen- of the national defense strategy’’ is has the capability and competencies of ator from Georgia. never been defined; hence, we will be at DOD’s internal depot-level mainte- Mr. CHAMBLISS. Mr. President, I the mercy of the subjective interpreta- nance facilities while also sustaining wish to thank the chairman for his tion of the Department of Defense. the defense industrial base in order to

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.033 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8640 CONGRESSIONAL RECORD — SENATE December 15, 2011 preserve our technological advantages the process. That alters that under- two provisions included in the con- and readiness on the battlefield. Both standing, and I am not comfortable ference report, sections 321 and 327. face considerable challenges within a with it. These provisions constitute a major re- fiscally constrained environment. Both I feel I have engaged in these issues. write of depot policies and laws. the depots and the defense industrial We have a depot in my State, and we These sections have not been suffi- base are reshaping and restructuring should have given it better consider- ciently vetted. They could potentially their operations in anticipation of this. ation. I do not believe it is correct, the hurt competition in acquisition pro- As our military said, ‘‘It’s one team, language as it is. I do believe we need grams, harm our public depots, and one fight.’’ The research, development, to make changes. So it is a concern cause unintended consequences that and manufacturing communities with- that the delicate balance created by could significantly affect not only de- in DOD, as well as in our universities, the current definition of ‘‘core depot- pots, but also the private sector indus- small businesses, and large corpora- level maintenance’’ between govern- trial base and the thousands of employ- tions, are essential partners in our na- ment facilities and industry could be ees in both sectors. tional security. That being said, we altered and at risk. In February, the Logistics Manage- need to acknowledge the fragile nature We have all worked on this issue for ment Institute, LMI, delivered a report of DOD’s depot-level maintenance fa- a number of years. We have a more effi- to Congress making recommendations cilities and the defense supply chain cient and productive model today than to modify the depot statutes. Both within a heavily consolidated defense we had when I first came here because Armed Services Committees asked industrial sector. Our country simply of a lot of hard work and intense effort. DOD to offer input on the LMI study, cannot lose skilled manufacturing re- So that is a problem for me. but the Department did not do so. search and development expertise to Another troubling element of this The Senate held DOD to account in global competitors. new definition is the potential treat- the committee report accompanying Congress needs to do our due dili- ment of commercial items. The notion this very bill, which states: gence to address the concerns of DOD’s that perhaps an engine or other major The committee is concerned that a lack of internal base involving maintenance, assembly of a major end item such as a Department of Defense input regarding the repair, and overhaul of the military tank or aircraft could be considered a findings and recommendations of the LMI equipment. At the same time, we need commercial item and not part of our study does not provide Congress with a com- to facilitate public-private partner- depot core mission is very problematic prehensive view prior to enacting legislation that could have unintended consequences. ships and healthy competition that and would be contrary to the way we will be mutually beneficial to the De- have been operating for many years. But even without DOD input, the partment and the industrial base. I would like to point out that be- House went ahead and included I know my colleagues are concerned cause of the hasty way this language changes to depot provisions when it about the impact this language may came into the bill, we do not know the passed its bill in May. have in their States. I wish to high- second- and third-level effects of this The Senate-passed bill also included light Fleet Readiness Center-East in language. That in itself is another rea- a provision to prohibit any change to North Carolina. Reducing FRC-East’s son to make sure we get the policy the definition of depot maintenance workload is not an option. It would right in a very deliberative and col- until after the Defense Business Board negatively impact the quality and cost- laborative process. conducted its own study as well. effective maintenance and logistics I hope we have a solution that will Given the concern identified by the support for Navy and Marine Corps work. I say to Chairman LEVIN and Senate Armed Services Committee and aviation. The operational readiness and Senator MCCAIN, the ranking member, the requests for additional fact-based availability of deployable Navy and I appreciate your willingness to work analysis, you can imagine my alarm Marine Corps aircraft would be under- to correct the error in the process—and when I learned that such a rewrite was mined without preserving FRC-East’s I believe there was a process error—and being considered for inclusion in the capabilities. to ensure that due diligence is done as conference report. I certainly understand the incredible we work to codify the definition of What surprised me even more was pressure the chairman and the ranking ‘‘core depot-level maintenance.’’ that the proposed rewrite differed sig- member were under trying to resolve So I look forward to your leadership nificantly even from the provision in hundreds of issues in conference over a in conducting subcommittee hearings, the original House-passed bill. very short period of time, and I cer- full committee hearings, working ses- The Senator from Oklahoma, Senator tainly do appreciate their willingness sions, and whatever it takes to make INHOFE, and I voiced our concerns to engage members of the committee sure we get the language right before about this in a meeting of the con- and other interested stakeholders in a we get to the markup and consider- ferees. After that, six Senators and I more comprehensive process next year ation of the fiscal year 2013 National sent a letter to the leadership of both so we can be sure we get this right. Defense Authorization Act. committees warning of the unintended Thank you, Mr. President. I yield the I will conclude by saying we had consequences of including these provi- floor to the Senator from Alabama. some very important issues to deal sions in the conference report. I ask The PRESIDING OFFICER. The Sen- with in the Defense bill. A lot of them unanimous consent to have our letter ator from Alabama. were very difficult. Under Chairman printed in the RECORD. Mr. SESSIONS. Mr. President, I ap- LEVIN’s leadership and Senator There being no objection, the mate- preciate and share the comments made MCCAIN, we either reached an agree- rial was ordered to be printed in the by the distinguished Senator from ment or reached an agreement not to RECORD, as follows: North Carolina. I believe it is impor- agree, and moved the bill forward. I U.S. SENATE, tant. Having come here 15 years ago think it is over 50 years now that this Washington, DC, December 9, 2011. and having confronted the question of bill has moved forward every year. I Hon. CARL LEVIN, depots and how they operate, I was sur- Chairman, Senate Armed Services Committee, think it is something to be proud of. Washington, DC. prised to learn the intensity of the feel- The only real controversy that came Hon. JOHN MCCAIN, ings and the difficulty of the issue. out of it is this depot matter. So it sort Ranking Member, Senate Armed Services Com- We worked on it for some time, and of went against the way we felt we mittee, Washington, DC. for the most part, it has been quiet should operate, the way that has re- DEAR CHAIRMAN LEVIN AND RANKING MEM- under Senator LEVIN and Senator WAR- sulted in settlements of disputed issues BER MCCAIN: As conferees to the Fiscal Year NER. We kind of worked out how this and moving the bill forward. For that 2012 National Defense Authorization Act thing should be handled. I thought reason, I think it is appropriate we ask Conference, we write to voice our concerns things were rocking along well and with the HASC proposal regarding Sections that this issue be redealt with next 321 and 322 of the House bill. While we appre- have been very disappointed that the year. ciate the attempt to improve the depot and House Members have taken an initia- I yield the floor. shipyard related statutes, none of our offices tive at a point where we were told it Ms. COLLINS. Mr. President, I would were advised or consulted regarding these was too late to make any changes in like to voice my concerns regarding last minute changes being proposed by the

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.034 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8641 HASC or consulted during the last several ample, vital submarine overhauls, re- the House could be included in the final months as these provisions were apparently fueling, and maintenance work are per- NDAA report—a measure we have all being crafted. formed at the Portsmouth Naval Ship- been working on for the past 11 Only a few conferees received the new pro- yard in Kittery, ME. months. So along with six other mem- posed language on December 7th, but we are all now being asked to support new language It is unclear if the ramifications of bers of the committee, I signed a letter that will have far reaching implications on the conference report will lead to work that very day—so 1 week ago tomor- aviation depots, shipyards, arsenals, and am- flowing away from our public depots, row—indicating our concerns and frus- munition plants across the United States. It thus jeopardizing the government’s tration over including such language is inappropriate to attempt legislative core repair capability. without adequate Senate review or changes that could affect more than 100,000 I would ask the chairman to closely input. Despite the concerns expressed jobs, public and private, across the United reevaluate these provisions to ensure in our letter, the language was in- States without careful vetting and ensuring that the two concerns I described, as cluded. there will be no unintended consequences. well as the concerns of other interested While we support improvements to oper- On such an important issue as this, ations at our depots, shipyards, arsenals, and Senators, are fully addressed. usually we have had a very collabo- ammunition plants, the HASC proposed This process should allow Members rative, transparent process in our com- changes to the definitions of depot level adequate time to reach out to inter- mittee, on the Senate side anyway, and maintenance could have profound and endur- ested parties and a committee hearing I appreciate that. I think that has been ing negative consequences to the industrial to understand the ramifications of one of the reasons for the great success base and ultimately the readiness of our these legislative changes to the defense of Senator LEVIN and Ranking Member force. Given the lack of transparency and ab- industrial base. MCCAIN in being able to get a bill out breviated conference timeline, we request I would also ask the chairman to that you not include Sections 321 and 322 of year after year on which there has been the House bill in the FY12 NDAA Conference commit to modifying or repealing consensus agreement. Report. We further recommend that we begin these provisions, if necessary, in next Unfortunately, that did not happen to work together as soon as possible regard- year’s NDAA. with respect to this language. As such, ing the possibility of incorporating a more I would also ask the chairman to en- we now face a situation where the com- thoroughly considered version of this lan- sure that any future proposals per- mittee will need to spend a significant guage in the Fiscal Year 2013 NDAA. taining to these sensitive issues be ad- amount of time examining the lan- Thank you for your consideration in this dressed in a more inclusive and delib- guage and its implementation over the matter. A similar letter has been sent to erate manner. next year to ensure no changes result. Chairman McKeon and Ranking Member Finally, given the uncertainty and Smith. The reason we as a nation maintain Respectfully, confusion surrounding these critical the 50–50 rule—where all maintenance JAMES M. INHOFE. depot issues, I would hope that the De- work is split between the public and JEFF SESSIONS. partment of Defense would exercise private sectors—is to ensure that in SUSAN COLLINS. much care and refrain from making times of conflict, the Federal Govern- JEANNE SHAHEEN. dramatic changes in its policies. ment will have the critical capabilities KAY HAGAN. The PRESIDING OFFICER. The Sen- necessary to repair our Nation’s com- SAXBY CHAMBLISS. ator from New Hampshire. bat equipment. KELLY AYOTTE. Mrs. SHAHEEN. Mr. President, I Advanced technical repair work, such Ms. COLLINS. The two provisions come to the floor to echo the com- as the work done on nuclear sub- raise a number of unanswered ques- ments and concerns we have heard in marines at the Portsmouth Naval Ship- tions, questions that remain unan- the last few minutes from my col- yard, requires highly skilled and spe- swered by the advocates of these provi- leagues on the Armed Services Com- cialized technicians. Any changes to sions, and which could lead to signifi- mittee regarding this House-inserted the way we structure workload for cant consequences for public and pri- language on our Nation’s military de- these facilities has to be closely exam- vate sector components of the indus- pots, arsenals, and shipyards. ined and should include input from the trial base. Let me share two examples. I wish to begin by saying to Chair- individual stakeholders who under- First, the provision expands the defi- man LEVIN how much I appreciate his stand this issue best. nition of depot maintenance to include assurances, as well as those of Ranking Generations of Americans have in- the installation of modifications and Member MCCAIN, and Chairman vested significant resources in our Na- upgrades to end-items—a measure po- MCKEON and Ranking Member SMITH in tion’s military to ensure our men and tentially harmful to competition. the House, that there are no intended women in uniform have the most ad- There is a concern that the Army changes to the current law under this vanced equipment in the world to keep may be required by this provision to di- language. I think that is very impor- us safe. rect work related to the Modernized tant for us to say to our constituents I say to the chairman of the com- Expanded Capacity Vehicle, MECV, so they are reassured. mittee, I very much appreciate your program to the public sector without a I also appreciate Chairman LEVIN’s assurance that we will continue to full and open competition allowing ex- commitment to examine this issue take a close look at this issue, includ- perienced private entities to bid. closely in the coming year to prevent ing holding a hearing next year, if nec- It is my view that the MECV is much any unintended consequences that this essary. So I thank the Senator very more than a modification to a weapon language might have on our Nation’s much for his cooperation to work with system because it is an acquisition pro- industrial repair facilities, including us. gram. I understand this view is shared the Portsmouth Naval Shipyard, which With that, I yield the floor. by the Army, which has consistently my home State of New Hampshire The PRESIDING OFFICER. The jun- said the source selection for the MECV shares with Maine and which is very ior Senator from New Hampshire. will be full, open, and fair. important to us in the Northeast and I Ms. AYOTTE. Mr. President, I would Those who have invested in this pro- think to our military capabilities. like to join in the comments of my col- gram deserve to know that this lan- With that said, I have to say I share league from New Hampshire and the guage does not restrict competition or the concern that has been expressed concerns she has expressed, along with introduce, in any way, an incentive to about the manner in which this lan- my other colleagues who serve on the favor the public or the private sector guage was inserted. While I understand Armed Services Committee. as it relates to acquisition programs, that the House has been working on But, first of all, I thank Chairman and the MECV program in particular. this issue for some time, including LEVIN and Ranking Member MCCAIN While depot maintenance work is an holding roundtable discussions at the again for their tremendous leadership important component of both the pub- National Defense University, I believe on the Defense authorization bill. We lic and private sector industrial base, there is much more that should have have conducted a tremendous amount Congress has consistently supported a been done. of work in a short period of time, con- strong core requirement at the depots On Friday, December 9, my staff was tinuing the long-running, proud tradi- for national security reasons. For ex- made aware that this language from tion of the Senate Armed Services

VerDate Mar 15 2010 05:09 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.009 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8642 CONGRESSIONAL RECORD — SENATE December 15, 2011 Committee of professionalism and bi- hearing on these depot provisions at construed to restrict competition or to partisanship in support of our troops the earliest opportunity next year. create any incentive to favor the public and our national security. The capabilities of our depots and or the private sector as it relates to ac- This is a bill of which we can be shipyards and their role in sustaining quisition programs. proud. In a time of war, this bill sup- military readiness are too important to The narrowing of the statutes from ports the men and women of our Armed hastily adopt such potentially far- core logistics to corps depot-level Forces and their families and author- reaching provisions. maintenance could be interpreted as izes the equipment, training, and re- Let me conclude by again thanking congressional intent to eliminate the sources our servicemembers need to my colleagues on the Senate Armed identification of core activities in the complete their missions. Services Committee. Despite the par- defense supply chain affecting arsenals While I am very proud of this bill and tisanship that often characterizes and ammunition plants. pleased that many of my provisions to Washington, it is encouraging to see On the other hand, the inclusion of reduce wasteful spending and maintain that bipartisanship continues to pre- an expansive waiver provided to the military readiness have been included vail in the Senate Armed Services Secretary of Defense to waive core re- in the final conference report, I also Committee. That is largely due to the quirements is very unsettling for every share the concerns of my colleague leadership of Chairman LEVIN and depot activity. Such a waiver could from New Hampshire, Senator SHA- Ranking Member MCCAIN. move significant amounts of depot HEEN, and other colleagues who serve I am proud of this bill, and I look for- work to the private sector. on the Senate Armed Services Com- ward to it becoming law in the coming Revisions to the definitions of ‘‘com- mittee—both substantive and proce- days. mercial items’’ to be exempted from dural concerns—regarding the depot I thank my colleagues. core determinations could have an im- provisions, sections 321 and 327, that I yield the floor. mediate detrimental impact to those were included by the House in the con- The PRESIDING OFFICER. The Sen- depots that work on commercially ference report. ator from Arizona. available items of equipment, such as When we were informed of this sig- Mr. MCCAIN. Mr. President, I join engines and transmissions of ground nificant language—only last week—I the chairman in the acknowledgment combat vehicles. joined a bipartisan group of Senators, that many Members of the Senate have So many depots that do this sort of work are concerned about the impact. I including my colleague JEANNE SHA- concerns with both the process and agree we need to fully understand the HEEN, to express our concern and our substance of the changes adopted in impacts, real and unintended, from the opposition to including the depot pro- the Defense authorization conference implementation of these provisions. We visions in the final Defense bill. report regarding statutes for depot ac- As ranking member of the Senate tivities in the Department of Defense. will need to work closely with the De- partment of Defense to ensure that Armed Services Readiness Sub- The protection of a core logistics capa- whatever changes or repeals we make committee—which has oversight over bility within the Department has been are in the best interests of our military depots, shipyards, arsenals, and ammu- a very controversial issue for many with the priority placed on readiness as nition plants—I am troubled that such years, as the Department’s depot enter- well as efficiency of operations and fis- a significant rewrite of depot statutes prise employs over 77,000 personnel with an annual operating budget ex- cal responsibility. was hastily included in the final bill I support the chairman and commit ceeding $30 billion. As we draw down without consulting with key stake- to giving this issue focused attention from two wars which have consumed so holders and without conducting more in the year ahead to ensure the meas- much in resources and equipment, complete analysis involving the Sen- ures taken in this year’s bill are the there will be much concern and debate ate. right outcome for the Department of In the coming years, as we ask the about the continued workload and jobs Defense and the taxpayers. Department of Defense to do more with at depots, shipyards, and arsenals, par- I yield the floor. less, the role of our depots and ship- ticularly in light of declining defense The PRESIDING OFFICER (Mr. yards will become even more impor- budgets. SANDERS). The Senator from Michigan. tant. This is certainly true for our four I agree this debate and deliberation Mr. LEVIN. Mr. President, I appre- public shipyards, including the Ports- should have included all interested par- ciate and I understand the Senators’ mouth Naval Shipyard, where many of ties. While I support legislation that concerns about this issue as they have my constituents work on a daily basis would have the clear intent of improv- been expressed here this afternoon. I to sustain the world’s best submarine ing the effectiveness and efficiency of also very much appreciate their under- force. the Department’s industrial activities, standing relative to the extremely I share the pride my colleague from I was not and am not in support of short period for conference this year New Hampshire Senator SHAHEEN and moving forward on changes that have where we worked through hundreds of my colleague from Maine Senator COL- not been addressed with all members of provisions with our House colleagues in LINS feel about the Portsmouth Naval the committee. The concerns expressed about a week, a process that usually Shipyard. Portsmouth conducts main- to us by Senator INHOFE, Senator takes a month or more. tenance on the Los Angeles- and Vir- CHAMBLISS, Senator COLLINS, Senator While I am proud of what we were ginia-class submarines. In fact, Ports- AYOTTE, Senator SHAHEEN, and others able to accomplish in this bill as a mouth has led the way for the entire need to be reviewed in an open and whole, it was probably likely that some Navy with the first-in-class mainte- transparent process. language would need more consider- nance availability on the USS Virginia. As to the substance of the concerns, ation because of the time constraints While I am troubled by the process from what I can tell, there are opinions we were operating under. Before I con- through which the depot provisions on the impact of these two provisions tinue, I want to state my appreciation were included in the conference report, on both sides of the issue—from private to the Members who spoke here this I am encouraged that both Chairman industry and from the depots and their afternoon and members of the Armed LEVIN and Ranking Member MCCAIN government civilian workers and Services Committee. They make major have expressed similar concerns and unions. contributions to this committee. have committed to addressing these I am aware some are very concerned I listened carefully to what our col- concerns in the coming months. that the changes in the conference re- leagues have had to say about the This process should include an inclu- port will upset the balance currently depot maintenance issue. I believe sive and thorough vetting of the provi- maintained between public and private their concerns are substantive and sions to ensure we understand all the performance of these activities, which merit careful consideration from the ramifications of what was included by could affect readiness. Changes to the Armed Services Committee. This is an the House. definition of depot-level maintenance issue that was brought to our con- As ranking member of the Readiness and repair have the potential to result ference in the House bill. Subcommittee, I plan to propose to in the shift of workload at shipyards. The depot maintenance provisions Chairman MCCASKILL that we hold a Changes to this provision should not be that were approved by the House last

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.038 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8643 May arose out of a congressionally tems that are based on commercial week, which appear to include funding mandated independent review of the technology? reductions from the President’s request statutes, regulations, and policies guid- Fourth, the new language includes a for nuclear weapons modernization ac- ing depot maintenance performance waiver rather than an exemption from tivities for the year 2012. and reporting. The House conferees core requirements for nuclear aircraft Earlier this year I introduced the then proposed modifications to their carriers. Will the new language result New START Implementation Act be- own provisions based on the results of in any change in requirements for the cause other Senators and I believed it a series of discussions with stake- maintenance and modifications of nu- is necessary that the Congress codify holders held throughout the summer at clear aircraft carriers? the agreement made between the Presi- the National Defense University. We Fifth, the new language includes the dent and Congress regarding the com- were told this process was comprehen- authority to waive core requirements mitment to the modernization of our sive, that all stakeholders were in- for any weapons system that is ‘‘not an nuclear deterrent. Indeed, it is fair to vited, and that the resulting rec- enduring element of the national de- say the Senate’s support for the ratifi- ommendations were widely accepted by fense strategy,’’ rather than an exclu- cation of New START was contingent all interested parties. sion for a workload that is ‘‘no longer on modernization of the remaining nu- In particular, we understood the De- required for national defense reasons.’’ clear arsenal. partment of Defense, private industry, Does this new language mean some- One of the critical features of that and the House Depot Caucus had thing different from the existing lan- legislation was the link between fund- ing of the administration’s 10-year nu- reached consensus on the revised House guage? If so, will it change the balance clear modernization program to any language. While those statements were of work between the depots and the pri- U.S. nuclear force reductions in a given made in good faith, it turns out they vate sector? year. The language that appeared in were not accurate. A number of key I am committed to have the Armed the House-passed version of the De- Services Committee revisit the modi- players, including stakeholders in gov- fense bill was good policy because it fications to the depot maintenance ernment, private industry, and labor, limited the reductions in warheads the laws included in this conference report did not participate in the process at United States otherwise would make and to give full consideration to the National Defense University and were pursuant to the New START treaty if apparently unaware of the results. concerns our Members have raised. Congress failed to provide the funding Senators with a strong interest in Over the coming months we will en- prescribed each year under the so- the issue were not aware of the modi- gage with interested Members and called 1251 modernization plan. In fied House language that was presented their staffs to review the language in other words, warhead reductions were in our conference until it was too late detail. Together we will reach out to based on adequate funding. to consider changes. I am aware that interested parties through a process The House language would also pro- the depot maintenance issue has long that will include a full committee hibit reduction of the nuclear stockpile been a sensitive one to our Nation and hearing if we determine one is needed. hedge of nondeployed warheads until to many of our Members, and that the We will then take action to repeal or after we completed construction of the precise words in these provisions mat- modify anything that needs to be re- key nuclear facilities necessary to re- ter. The existing statutes, regulations, pealed or modified in these provisions gain our production capacity. The rea- and practices have served to sustain during our consideration of next year’s son for that, of course, is we have a both core logistics capabilities and the National Defense Authorization Act. hedge or a stockpile of these weapons defense industrial base over the last Many of my colleagues heard Chairman that exists in the event we would need decade, so any changes need to be fully BUCK MCKEON make a similar commit- them since we do not have a production understood. ment at our final conference meeting. capacity right now to replace them. I understand there are a number of During the next year, while this re- Until that capacity is created, prob- unanswered questions about the provi- view process is underway, I join my ably in about a decade, we will need to sions in the conference report that colleagues in urging the Department of continue to maintain that hedge capa- could have significant effects. For ex- Defense to proceed with caution in im- bility. ample, first, the new language sub- plementing this legislation. In par- The language that appears in the stitutes the term ‘‘core depot level ticular, I urge the Department to make conference report now before us re- maintenance’’ for the existing term as little change as possible in the sta- moves this explicit linkage, which I ‘‘core logistics.’’ Does this change im- tus quo with regard to these functions think is very unfortunate. The NDAA pact National Guard readiness, during the next year. It would be un- conference report addresses these con- sustainment maintenance sites, and fortunate if the Department were to cerns in some ways, though not as other DOD facilities that are not de- change significant functions from one strongly as we originally intended. pots? Does the change impact require- form of performance to another this Here is what the compromise in the bill ments for supply chain management year only to be required to change the provides: First, in any year in which and other logistics functions that are decision again the year later. modernization is not fully funded, the not performed by depots? Our objective has always been and al- President must report to Congress how Second, the new language changes ways will be to ensure the Nation’s he intends to address the shortfall and the wording regarding modifications in depot maintenance system is struc- whether as a result of the shortfall it is the definition of core depot level main- tured and supported in a manner that still in the national interest to remain tenance. Does this change impact efficiently and effectively provides for a party to the New START treaty. For planned public-private competitions the readiness of our Armed Forces and the first time, the President will be for modifications and upgrades pro- our national security. I know this is a compelled to detail his plans for U.S. grams? Does the change preserve the critically important issue. I look for- nuclear force reductions over the next distinction between modifications and ward to working with Senators over 5 years, which will provide Congress an upgrades on the one hand and acquisi- the next year to take the steps we have opportunity to evaluate whether these tion programs on the other? Is this an discussed here today. reductions are in the national interest. expansion of core functions that will be I yield the floor. This second provision is an important required to be performed in the public The PRESIDING OFFICER. The Sen- addition. Third, in any year in which sector with an adverse impact on the ator from Arizona. the President seeks reductions in the defense industrial base? Mr. KYL. Mr. President, let me speak nuclear stockpile, he must first seek Third, the new language changes the to some of the provisions of the Na- from the Commander of U.S. Strategic wording of the exclusion for commer- tional Defense Authorization Act espe- Command a net assessment on the re- cial items. Is this a change to the ex- cially concerning nuclear moderniza- ductions, which, of course, puts the isting exclusion or merely a recodifica- tion and the implementation of the Commander of STRATCOM in a crucial tion? Will it impact maintenance re- New START treaty. This is in the con- position, and to provide that assess- quirements for commercial derivative text of the omnibus appropriations ment to Congress unchanged. And, fi- aircraft and other major defense sys- bills that we will consider later this nally, the President must provide to

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.040 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8644 CONGRESSIONAL RECORD — SENATE December 15, 2011 Congress any changes to the Nation’s said, ‘‘To be blunt, there is absolutely I think it’s tremendously shortsighted if nuclear war plan and provide access to no way we can maintain a credible de- they reduce the funds that are absolutely es- certain Members of Congress to these terrent and reduce the numbers of sential for modernization. . . . If we aren’t weapons in our stockpile without ei- staying ahead of it, we jeopardize the secu- plans. rity of this country. So for that reason, I cer- These are all important provisions, ther resorting to testing our stockpile tainly would oppose any reductions with re- but without the House language, the or pursuing a modernization program.’’ gards to the funding for [modernization]. Of course, we have not resumed test- possibility remains that we will draw Likewise, General Kehler, the com- ing, which meant our only alternative down our warheads under START with- mander of U.S. Strategic Command, was this modernization program which out adequate funding to ensure our re- told Congress that, due to the impend- we then all agreed to. What is the link- maining stockpile meets our require- ing NNSA budget cuts, ‘‘we’ve got age between modernization and the re- ments. As I said, this is quite unfortu- some near-term issues that will impact ductions in warheads called for under nate. us in terms of life-extension programs Let’s recall why this modernization the START treaty? Well, it is pretty clear. As the President’s National Se- for aging weapons.’’ of our nuclear weapon program was What are life extension programs? curity Advisor wrote to me in April of necessary. The modernization program These are the ways in which we can 2010, ‘‘Support for the nuclear complex was painstakingly worked out, first take the nuclear warheads that need is fully consistent with and, indeed, an within the Department of Defense, and working and extend their life by refur- enabler of the nuclear reductions we the Department of Energy, our na- bishing them or replacing some of the seek to implement—a direct connec- tional laboratories, and then between components and doing other things the administration and Senators at the tion, in other words. So critical was the need to reverse that generally the scientists under- time of the New START treaty. It re- stand are critical to maintain the safe- sulted in a 10-year $200 billion work the decline in our nuclear weapon en- terprise that the Senate included in its ty, the surety, and the reliability of plan to renovate our national labora- those weapons over the period of time tories, to extend the life of our nuclear resolution of ratification for the New START treaty a condition No. 9, which in which they are needed. weapons, to maintain their safety, the stated: We all understand that the appro- security and effectiveness of those war- priations committees were under im- The United States is committed to pro- heads, and to sustain the moderniza- ceeding with a robust stockpile stewardship mense budget pressures, especially tion of the triad of our nuclear delivery program, and to maintaining and modern- after the Budget Control Act of 2011. systems, the ICBMs, bombers, and nu- izing the nuclear weapon production capa- Full funding for nuclear moderniza- clear submarine force. bilities and capacities that will ensure the tion, though, was a priority brought The plan was updated last November safety, reliability, and performance of the about by this Nation’s pledge, made in after a very thorough review by the De- United States nuclear arsenal at the New the New START treaty, to reduce the partment of Defense and the Depart- START Treaty levels and meet requirements levels of U.S.-deployed nuclear weap- ment of Energy, bringing the total 10- for hedging against possible international developments or technical problems. ons. As such, it should have superseded year funding figure to about $213 bil- other budgetary considerations. It lion. There was little disagreement at The condition also stipulated that if appropriations are enacted that fail to should have been fully funded. the time about the need to modernize Few things are more important than meet the requirements set forth in the our nuclear facilities or about this ensuring that our Nation’s nuclear de- President’s 10-year plan, then the amount which represented the cost terrent is effective and reliable, espe- President must tell Congress how he over the 10-year period. cially as those forces are reduced to proposes to remedy the resource short- Indeed, between fiscal year 2005 and lower levels by the START treaty arms fiscal year 2010, the National Nuclear fall and whether the United States should remain a party to the treaty in control agreement. Indeed, this was the Security Administration, or NNSA, view of the House and Senate Armed had lost about 20 percent of its pur- light of such funding shortfalls. That commitment to modernization Services Committees, which fully au- chasing power due to funding cuts. was made explicit by the chairman and thorized the President’s request for nu- This, without the changes rec- ranking members of the Senate Appro- clear modernization. ommended in the 1251 report, would priations Committee and its Energy Senior DOD officials worked to se- have been devastating to its mod- and Water Development Subcommit- cure adequate funding for the Presi- ernization plan. Incredibly, funding for tee, who wrote to the President on De- dent’s 10-year commitment to nuclear stockpile surveillance activities—these cember 6, 2010, to express support for modernization. Among other things, are activities which are necessary for ‘‘ratification of the New START treaty the President submitted the budget the President to annually certify the and full funding for the modernization that requested the full amount of fund- safety and effectiveness of our nuclear of our nuclear weapons arsenal, as out- ing called for in the 1251 report, and warheads and bombs—had declined by lined by your updated report that was the Department initially transferred 27 percent during this period of time. mandated by section 1251 of the De- $8.3 billion in budget authority to In other words, our ability to actually fense Authorization Act for Fiscal Year NNSA for weapons activities over a 5- even understand what was going on in 2010.’’ year period, which, unfortunately, is these weapons and determine whether Despite this commitment, we are not fully reflected in the fiscal year changes had to be made was being de- now faced with a reduction of some $400 2012 Energy and Water appropriations graded substantially. The situation million below the President’s $7.6 bil- bills. was so dire that in February 2010, Vice lion request for nuclear weapon activ- In this case, the customer, the De- President BIDEN gave a major address ity. It depends on the outcome of the partment of Defense, was so concerned on the subject at the National Defense appropriations process, but based upon that the Energy Department could do University and penned an op-ed in the the bill that was filed in the House last this work that it transferred its own Wall Street Journal that stressed: night, this appears to be the amount of budget authority to accomplish it. Yet The slow but steady decline in support for reduction. some of that money was drained away our nuclear stockpile and infrastructure— Senior officials from our national for other purposes. And then noting that again— labs, the Department of Defense, and Some of the $400 million shortfall For almost a decade, our laboratories and NNSA have all warned that cuts of this could possibly be mitigated, however, facilities have been underfunded and under- magnitude will delay construction ac- if the Secretary of Defense exercises valued. tivities for critical nuclear processing the transfer authority that is going to He concluded by observing that facilities, postpone critical life exten- be granted in this fiscal year 2012 De- ‘‘Even in a time of tough budget deci- sion programs for our nuclear war- fense authorization bill to transfer up sions, these are investments we must heads, and could jeopardize our ability to $125 million to NNSA for weapons make for our security.’’ to certify the nuclear stockpile with- activities. This is a very small amount Secretary of Defense Gates had ear- out testing. of money for four critical top priorities lier drawn attention to the neglect of In the words of Defense Secretary Pa- identified by the Department of De- our nuclear weapon complex. In 2008 he netta: fense; therefore, if it can find the

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.041 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8645 funds, it can utilize the transfer au- Fourth, this funding reduction will prosecuted terrorists, and I believe—in thority that has been granted in this trigger the reporting requirement con- fact, I know—our system has been suc- legislation and get that money to the tained in Condition 9 of the New cessful. NNSA to do the work that is absolutely START resolution of ratification, re- The professionals whom I just men- critical next year. I will be working quiring the President to explain the tioned, who are in charge of waging with the Department of Defense and impact of the resource shortfall on the this battle to keep us safe, agree that my colleagues in Congress to ensure safety, reliability, and performance of the detainee provisions are of real con- that this happens. our nuclear forces. We know what that cern. That includes the Secretary of I express my appreciation to the report is going to say. It is serious. The Defense, the Director of National Intel- chairman and ranking members of the President must also propose how he ligence, and the Directors of both the committees and the conference com- plans to resource the shortfall and, in FBI and CIA. mittee who saw to it that this lan- light of the shortfall, whether and why In speaking to these same concerns guage to allow the Defense Department it remains in the national interest of that I continue to hold, along with the to transfer these funds was included. the United States to remain a party to people just mentioned, the administra- Finally, let me mention what the New START. As a result, Members of tion has stated: consequences of the $400 million reduc- Congress may seek to ensure, through We have spent 10 years, since September tion could mean in the future. First, it annual defense authorization legisla- 11, 2001, breaking down the walls between in- could send a message to OMB that Con- telligence, military, and law enforcement tion, that any future New START-man- professionals; Congress should not now re- gress no longer considers itself bound dated reductions in the nuclear stock- to the 10-year modernization funding build those walls and unnecessarily make pile are tied to successful execution of the job of preventing terrorist attacks more plan. This would be a huge mistake; it the planned modernization program. difficult. would be wrong. OMB then might di- Finally, this funding reduction, I know many agree, especially Colo- rect less funding in the future for nu- which could well be a precursor to fur- radans, who have contacted me in very clear weapons in fiscal 2013 and fol- ther cuts in the future, will dampen impressive and large numbers. They be- lowing years than originally prescribed the enthusiasm of Senators to agree to lieve, as I do, that these detention pro- in the 1251 plan, which would be very any future arms control agreement. visions could endanger our national se- wrong. But the problem is that any di- Senators who voted for New START on curity and that we ought to take a vergence between what was deemed the basis of the 10-year modernization hard look at where we are heading. necessary over the next 10 years and program will not be so easily swayed I strongly objected to these detention what is actually appropriated by Con- by such promises in the future. provisions back in the summer when gress will continue to grow—maybe to I look forward to taking up and vot- the Armed Services Committee first the point where it becomes difficult to ing on the Defense authorization con- considered them. In fact, I was the only certify on an annual basis that the nu- ference report. It has a lot of good member of the committee who cast a clear stockpile is safe, reliable, and ef- things in it and some things that aren’t ‘‘no’’ vote during the committee mark- fective. as good. This report, as I said, is not as up. I felt a little lonely at that point in Referring to such reductions, NNSA strong as was the House language, but time, but I think my judgment has Administrator Tom D’Agostino re- it will contain some important provi- been recognized by the outpouring of ported this to Congress on November 2: sions the Congress will try to enforce concern about where we may be head- This is the work to make sure these tech- ed. nologies are the ones that allow us to certify to ensure that the modernization of the stockpile on an annual basis without un- our nuclear weapons continues on Let me talk about what they do. The derground testing. Reductions in these areas schedule for the next 10 years, which is provisions could authorize the indefi- will have a direct impact on the President something that is critical to our future nite military detention of American today in the ability to certify the stockpile national security. citizens who are suspected of involve- without underground testing. The PRESIDING OFFICER. The Sen- ment in terrorism, without charge, For those who remain so opposed to ator from Colorado. even those captured in the United underground testing, you cannot have Mr. UDALL of Colorado. Mr. Presi- States. The point I have tried to make it both ways. You cannot both oppose dent, I rise to speak on the National over and over again is that this con- underground testing and prevent the Defense Authorization Act conference cerns each and every one of us. If these Department from getting the money it report we will be voting on later today. provisions deny American citizens needs to modernize the stockpile. We First, I wish to acknowledge that their due process rights under a nebu- have to do one or the other. We are Chairman LEVIN and Ranking Member lous, new set of directives, it would not now $400 million below where we need MCCAIN have worked tirelessly to craft only make us less safe, but it would to be. the Defense authorization bill to pro- serve as an unprecedented threat to A second impact: Life extension pro- vide our Armed Forces with the equip- our constitutional liberties. grams for nuclear warheads, already ment and services they need to keep us Senator GRAHAM, my friend from facing very tight schedules because of safe. I thank them, their staffs, and all South Carolina, has stated that if an the delays over the years, would be fur- my colleagues for their diligence and American citizen takes up arms ther delayed and exacerbated. War- dedication to this important work. against the United States, he or she heads that are not refurbished in time I also come to the floor because I could be treated as an enemy combat- are not going to be available for de- want to share, as I have over the last ant. I agree. However, the dangerous ployment. This would have serious con- few weeks, the concerns that many part of that proposition is as follows: sequences for the readiness of our nu- Americans—and especially the people I How do we go about determining who clear deterrent at a future date, which, represent in Colorado—have expressed those individuals are? No matter how of course, could have serious implica- over the last few weeks about the de- serious the charge may be, the Con- tions for the credibility of our nuclear tainee provisions that have been in- stitution requires us to provide our guarantees to our allies and partners. cluded in the Defense authorization citizens with due process before they Third, the revitalization of nuclear bill. I wish to make it clear that I still are incarcerated—especially indefinite labs—including expensive but very nec- have very strong concerns about these incarceration. If we start labeling our essary construction projects—will be provisions, especially because they citizens as enemies of the United further delayed, and, of course, costs have been presented as a solution to al- States without any due process, I think will go up even more. Funding for leged gaps that exist in our counterter- we will have done real damage to our science will be curtailed to support rorism policy. system of justice in our country, which higher priority programs, thus starving It is my strong belief that our mili- is admired all over the world. the labs of important innovation and tary men and women, law enforcement My colleagues and I all agree that we perhaps hampering recruitment of the officials, and counterterrorism profes- have to take every action necessary to scientists and engineers necessary to sionals have done an outstanding job keep our Nation safe. But what sepa- maintain the long-term viability of the since 9/11 to keep our Nation safe. For rates us—what makes America excep- nuclear weapons complex. 10 years we have killed, captured, and tional—is that even in our darkest

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.043 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8646 CONGRESSIONAL RECORD — SENATE December 15, 2011 hours, we ensure that our constitution ster Al Qaeda’s recruiting efforts, it also ety of techniques to gather the infor- prevails. would make it nearly impossible to transfer mation we need—techniques, by the We do ourselves a grave disservice by 88 men (of the 171 held there) who have been way, that fit within the Bill of Rights allowing for any citizen to be locked up cleared for release. We should be moving to and the Uniform Code of Military Jus- shut Guanta´ namo, not extend it. indefinitely without trial, no matter Having served various administrations, we tice. Some of my colleagues believe how serious the charges against them. know that politicians of both parties love that intelligence will be lost if a sus- Doing so may make us feel safer, it this country and want to keep it safe. But pect receives a Miranda warning, but may be politically expedient, but we right now some in Congress are all too will- now we may be jeopardizing entire risk losing the principles of justice and ing to undermine our ideals in the name of cases by adding new layers of bureauc- liberty that have kept our Republic fighting terrorism. They should remember racy and questionable legal processes. strong, and it does, frankly, nothing to that American ideals are assets, not liabil- These detention provisions, even as make us safer. No terrorist, no weapon, ities. they are amended, will present numer- no physical threat is powerful enough Mr. UDALL of Colorado. Mr. Presi- ous constitutional questions that the to destroy who we are as a people, and dent, these generals put it right to the courts will inevitably have to resolve, that is why we have to remain diligent point we all need to hear: Our ideals and the provisions will present in ensuring we hold true to the prin- are assets, not liabilities. In that spir- logistical problems that our national ciples that make our country great. it, interestingly enough, we had a very security experts will have to wade I took note of this very principle in a robust debate about these detention through. It sure feels to me as though powerful piece written by two retired provisions, and it bolstered my faith these changes are being forced on an four-star Marine Corps generals, Gen- we could continue to have great and already nimble and effective counter- eral Krulak and General Hoar. substantive debates in this body. Be- terrorism community against their Mr. President, I ask unanimous con- cause of the concerns that were raised warnings, and I remain unconvinced of sent to have printed in the RECORD the and serious questions that were pre- their benefit. I continue to believe the article written by these two generals. sented about the provisions, we were best course of action would be to sepa- There being no objection, the mate- able to secure some improvements that rate these detention provisions from rial was ordered to be printed in the may reduce some of the grave concerns the Defense authorization bill so we RECORD, as follows: I have outlined here. can take our time, speak to experts in [From the New York Times, Dec. 12, 2011] I see my good friend from Illinois, the field, and make sure we are effec- who I know is going to speak and who GUANTA´ NAMO FOREVER? tively balancing our counterterrorism shares some of my concerns, so let me (By Charles C. Krulak and Joseph P. Hoar) needs and the constitutional freedoms touch on a couple of the adjustments of American citizens. Most impor- In his inaugural address, President Obama that have been made. called on us to ‘‘reject as false the choice be- tantly, we need to understand and we tween our safety and our ideals.’’ We agree. Senator FEINSTEIN’s amendment need to ensure we are not damaging Now, to protect both, he must veto the Na- clarified that detainee provisions are our national security. That is why I tional Defense Authorization Act that Con- not to be interpreted ‘‘to affect exist- made it clear in signing the conference gress is expected to pass this week. ing law or authorities relating to the report that I do not support the two HOBBLING THE FIGHT AGAINST TERRORISM detention of United States citizens.’’ flawed detention provisions, sections This budget bill—which can be vetoed I was a member of the conference 1021 and 1022. without cutting financing for our troops—is committee on this bill, and during the All of that said, the Senate has a sol- both misguided and unnecessary: the presi- conference committee negotiations re- emn obligation to our men and women dent already has the power and flexibility to sulted in a clarification that was made in uniform to pass a Defense Author- effectively fight terrorism. to ensure these provisions are not to be ization Act. As a proud member of the One provision would authorize the military interpreted to ‘‘affect the existing to indefinitely detain without charge people Senate Armed Services Committee, I suspected of involvement with terrorism, in- criminal enforcement and national se- understand the importance of this bill cluding United States citizens apprehended curity authorities of the FBI or any for our military and for their families, on American soil. Due process would be a other domestic law enforcement agen- and while I continue to have serious thing of the past. Some claim that this pro- cy.’’ These were helpful changes and, reservations about the detention provi- vision would merely codify existing practice. hopefully, will prevent the under- sions and sought to separate them from Current law empowers the military to detain mining of our constitutional liberties the Defense authorization bill, we face people caught on the battlefield, but this and the disruption of domestic counter- a single vote on the entirety of the De- provision would expand the battlefield to in- terrorism efforts. clude the United States—and hand Osama fense bill, which includes the amended bin Laden an unearned victory long after his However, while I was pleased my col- detention provisions. That is not how I well-earned demise. leagues were willing to acknowledge wanted to proceed, but that is the A second provision would mandate mili- the language presented serious prob- choice in front of us. tary custody for most terrorism suspects. It lems and left many questions unan- For those who joined me in voicing would force on the military responsibilities swered, I still remain concerned about opposition to the detention provisions, it hasn’t sought. This would violate not only the detention provisions. Making I thank you. We fought to ensure that the spirit of the post-Reconstruction act lim- changes to the law that have serious the rights of American citizens are not iting the use of the armed forces for domes- tic law enforcement but also our trust with ramifications for our Constitution and trampled with ease, and we joined the service members, who enlist believing that our national security deserve serious counterterrorism community to de- they will never be asked to turn their weap- thought and deliberation. Yet to this mand the full use of existing tools to ons on fellow Americans. It would sideline day we have not had a single hearing fight the enemy. We showed that such the work of the F.B.I. and local law enforce- on these matters. Hearings would allow a debate was worth having and secured ment agencies in domestic counterterrorism. us to understand and mitigate the con- revisions to the language that will now These agencies have collected invaluable in- cerns of national security experts such help us continue the important work of telligence because the criminal justice sys- as FBI Director Mueller. Director ensuring that both our Constitution tem—unlike indefinite military detention— gives suspects incentives to cooperate. Mueller testified yesterday in front of and our national security remain pro- Mandatory military custody would reduce, the Senate Judiciary Committee and tected. if not eliminate, the role of federal courts in said that because of the requirements Although I intend to vote for final terrorism cases. Since 9/11, the shaky, un- of this language, ‘‘the possibility looms passage of the conference bill, I want tested military commissions have convicted that we will lose opportunities to ob- to make clear I do not fully support only six people on terror-related charges, tain cooperation from the persons in the bill. I sincerely believe this debate compared with more than 400 in the civilian the past that we’ve been fairly success- is not over and there is much work left courts. ful in gaining.’’ to do. Over the coming months and A third provision would further extend a ban on transfers from Guanta´ namo, ensuring One of our primary goals in these years, as a member of the Senate that this morally, and financially expensive cases is to gain actionable intelligence, Armed Services Committee, I intend to symbol of detainee abuse will remain open and the FBI is very good—in fact, they hold this administration, and any fur- well into the future. Not only would this bol- are unbelievably good—at using a vari- ther administration, accountable in

VerDate Mar 15 2010 05:09 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.045 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8647 the implementation of these provi- al-Qaida, including those captured The PRESIDING OFFICER. Without sions. within the United States. As I pre- objection, it is so ordered. I will also push the Congress to con- viously mentioned, military and Fed- (See exhibit 1.) duct the maximum amount of over- eral law enforcement officials have ar- Mr. BINGAMAN. It is unfortunate sight possible as it relates to these pro- gued that this provision will hamper that Congress continues to put in place visions. We must apply a heightened their ability to bring suspected terror- restrictions preventing the transfer of level of scrutiny to ensure that what ists to justice by limiting the flexi- inmates and the closure of the facility. passes the Senate today does not deny bility of civilian law enforcement and I believe our Nation’s handling of de- U.S. citizens their due process rights creating a completely new and untest- tainees will not be viewed kindly by and does not impede our counterterror- ed framework for dealing with sus- history, and I look forward to the day ism efforts by hamstringing our mili- pected terrorists. we are able to close this regrettable tary, the FBI, the CIA, or others who Proponents of this provision have ar- chapter. keep us safe. If these provisions stray gued that this section will not inter- I supported an amendment offered by in any way from that standard, I will fere with the ability of civilian law en- Senator MARK UDALL to remove all of be the first to demand hearings and forcement to do their job. They point the detainee provisions from the Sen- changes to the law. to the fact that the President may ate bill. Unfortunately, the measure In conclusion, I believe we owe it to waive the requirement and that the was not adopted. It was my hope that our men and women in uniform to pass President must draft procedures within these matters would be dealt with as a Defense authorization bill, but we 60 days to mitigate any problems asso- the legislative process moved forward, also owe the American people a full ciated with implementing this section. and I am disappointed that efforts to and honest debate about our national First, with regard to the waiver, if ci- adequately address these concerns were security strategy that keeps us both vilian law enforcement agents capture unsuccessful. I will continue to support safe and protects this document—the a suspected terrorist, the need to ob- efforts to revise these provisions as Constitution—we all have taken an tain a Presidential waiver for contin- Congress discusses detainee matters in oath to uphold. ued civilian detention could disrupt in- the future. With that, I yield the floor. terrogations and intelligence gath- EXHIBIT 1 Mr. BINGAMAN. Mr. President, I rise ering. Second, if there is an acknowl- [From the New York Times, Dec. 10, 2011] edgement that the statute could inter- today in strong opposition to several BEYOND GUANTA´ NAMO, A WEB OF PRISONS FOR sections of the fiscal year 2012 Depart- fere with Federal law enforcement’s TERRORISM INMATES ment of Defense authorization bill re- ability to interrogate and prosecute a (By Scott Shane) suspected terrorist, it would seem more lating to detainees. WASHINGTON.—It is the other Guanta´ namo, I have serious concerns regarding the appropriate to just address the under- an archipelago of federal prisons that detention provisions included in the lying problems with the statute rather stretches across the country, hidden away on final conference report. When this leg- than task the administration with back roads. Today, it houses far more men islation was being discussed in the Sen- coming up with procedures to deal with convicted in terrorism cases than the ate, the Secretary of Defense, the Di- these shortfalls. shrunken population of the prison in Cuba Just yesterday, the Director of the that has generated so much debate. rector of National Intelligence, and the An aggressive prosecution strategy, aimed Director of the Federal Bureau of In- FBI, Robert Mueller, in testimony be- fore the Senate Judiciary Committee, at prevention as much as punishment, has vestigation clearly stated that these sent away scores of people. They serve long provisions would undermine the ability stated that the revised language did sentences, often in restrictive, Muslim-ma- of the government to bring suspected not fully address his concerns about jority units, under intensive monitoring by the negative impact the military de- terrorists to justice. The language in prison officers. Their world is spare. tention provision would have in inter- Among them is Ismail Royer, serving 20 the bill also raises significant issues fering with the work of investigators. years for helping friends go to an extremist regarding civil liberties, including the The bottom line is that this section training camp in Pakistan. In a letter from applicability of the indefinite deten- muddies the water and is completely the highest-security prison in the United tion provision to American citizens. unnecessary. The administration al- States, Mr. Royer describes his remarkable Section 1021 of the conference report ready has the discretion to prosecute neighbors at twice-a-week outdoor exercise provides the U.S. military with the au- sessions, each prisoner alone in his own wire foreign terrorists in civilian court or in thority to indefinitely detain, without cage under the Colorado sky. ‘‘That’s really military tribunals. We should maintain the only interaction I have with other in- trial, an individual suspected of in- this flexibility to ensure the govern- volvement in hostilities against the mates,’’ he wrote from the federal Supermax, ment is able to aggressively pursue ter- 100 miles south of Denver. United States. The ability to detain rorists in the forum that is the most There is Richard Reid, the shoe bomber, the person without charges could last effective in each specific case. Mr. Royer wrote. Terry Nichols, who con- until the ‘‘end of hostilities’’—a com- Lastly, I would like to briefly com- spired to blow up the Oklahoma City federal pletely undefined period of time con- ment on the various provisions in the building. Ahmed Ressam, the would-be ‘‘mil- sidering that we are confronting a conference report aimed at limiting lennium bomber,’’ who plotted to attack Los Angeles International Airport. And Eric Ru- long-term conflict with groups, such as the ability of the administration to al-Qaida, who will never sign a peace dolph, who bombed abortion clinics and the close the detention facility in Guanta- 1996 Summer Olympics in Atlanta. treaty ending the hostilities. namo Bay. It has been about 10 years In recent weeks, Congress has reignited an The final language does include an since the Bush administration estab- old debate, with some arguing that only amendment offered by Senator FEIN- lished the facility and its closure is military justice is appropriate for terrorist STEIN that states that the provision long overdue. suspects. But military tribunals have proved should not be construed as affecting ex- As a recent article by Scott Shane of excruciatingly slow and imprisonment at isting law with respect to the deten- the New York Times pointed out, the Guanta´ namo hugely costly—$800,000 per in- tion of U.S. citizens, but this language government spends around $800,000 a mate a year, compared with $25,000 in federal simply restates that the law is what prison. year to house each of the 171 remaining The criminal justice system, meanwhile, the law is. The problem is that the law prisoners at the military facility at has absorbed the surge of terrorism cases is unsettled. If Congress is going to Guantanamo. This is despite the fact since 2001 without calamity, and without the enact provisions authorizing the indefi- that our Federal prison system has a international criticism that Guanta´ namo nite detention of a person without a strong record of safely holding individ- has attracted for holding prisoners without trial, frankly, I believe the sensible ap- uals convicted of terrorism-related of- trial. A decade after the Sept. 11 attacks, an proach is to be very clear about wheth- fenses—there are currently 362 of these examination of how the prisons have handled er or not it is the intent of Congress to individuals within the custody of the the challenge of extremist violence reveals some striking facts: include American citizens within this Bureau of Prisons. —Big numbers. Today, 171 prisoners re- category. Mr. President, I ask unanimous con- main at Guanta´ namo. As of Oct. 1, the fed- Another problematic provision is sec- sent that the article be printed in the eral Bureau of Prisons reported that it was tion 1022, which mandates that the CONGRESSIONAL RECORD following my holding 362 people convicted in terrorism-re- military detain suspected members of remarks. lated cases, 269 with what the bureau calls a

VerDate Mar 15 2010 05:09 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.046 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8648 CONGRESSIONAL RECORD — SENATE December 15, 2011 connection to international terrorism—up by Ismail. Before 9/11, he was a young Is- He expressed frustration that the Bureau from just 50 in 2000. An additional 93 inmates lamic activist with the Council on Amer- of Prisons appears to view him as an extrem- have a connection to domestic terrorism. ican-Islamic Relations and the Muslim ist, despite what he describes as his cam- —Lengthy sentences. Terrorists who plot- American Society, meeting with members of paign against extremism in discussions with ted to massacre Americans are likely to die Congress and visiting the Clinton White other inmates and prison sermons at Friday in prison. Faisal Shahzad, who tried to set House. Prayer, ‘‘which they surely have recordings off a car bomb in Times Square in 2010, is Today he is nearly eight years into a 20- of.’’ serving a sentence of life without parole at year prison sentence. He pleaded guilty in ‘‘I have gotten into vehement debates, not the Supermax, as are Zacarias Moussaoui, a 2004 to helping several American friends go to mention civil conversations, with other Qaeda operative arrested in 2001, and Mr. to a training camp for Lashkar-e-Taiba, an inmates from the day I was arrested until Reid, the shoe bomber, among others. But extremist group fighting Indian rule in Kash- today, about the dangers and evils of extre- many inmates whose conduct fell far short of mir. The organization was later designated a mism and terrorism,’’ Mr. Royer wrote in a outright terrorism are serving sentences of a terrorist group by the United States—and is yearlong correspondence with a reporter. decade or more, the result of a calculated blamed for the Mumbai massacre in 2008— ‘‘Can they not figure out who I am?’’ prevention strategy to sideline radicals well but prosecutors maintained in 2004 that the A SCORCHED-EARTH APPROACH before they could initiate deadly plots. friends intended to go on to Afghanistan and In 2004, prosecutors believed they knew —Special units. Since 2006, the Bureau of fight American troops alongside the Taliban. who Mr. Royer was: one of a group of young Prisons has moved many of those convicted Mr. Royer had fought briefly with the Bos- Virginians under the influence of a radical nian Muslims against their Serbian neigh- in terrorism cases to two special units that cleric, Ali al-Timimi, whose members played bors in the mid-1990s, when NATO, too, severely restrict visits and phone calls. But paintball to practice for jihad and were on a backed the Bosnians. He trained at a in creating what are Muslim-dominated path toward extremist violence. After Sept. Lashkar-e-Taiba camp himself. And in 2001, units, prison officials have inadvertently fos- 11, federal prosecutors took a scorched-earth he was stopped by Virginia police with an tered a sense of solidarity and defiance, and approach to any crime with even a hint of a set off a long-running legal dispute over lim- AK–47 and ammunition in his car. But he adamantly denies that he would terrorism connection, and judges and juries its on group prayer. Officials have warned in ever scheme to kill Americans, and there is went along. court filings about the danger of In the Virginia jihad case, for instance, no evidence that he did so. Before sen- radicalization, but the Bureau of Prisons has prosecutors used the Neutrality Act, a little- tencing, he wrote the judge a 30-page letter nothing comparable to the deradicalization used law dating to 1794 that prohibits Ameri- admitting, ‘‘I crossed the line and, in my ig- programs instituted in many countries. norance and phenomenally poor judgment, cans from fighting against a nation at peace —Quiet releases. More than 300 prisoners broke the law.’’ In grand jury testimony, he with the United States. Prosecutors com- have completed their sentences and been expressed regret about not objecting during bined that law with weapons statutes that freed since 2001. Their convictions involved a meeting, just after the Sept. 11 attacks, in impose a mandatory minimum sentence in a not outright violence but ‘‘material support’’ which his friends discussed joining the strategy to get the longest prison terms, for a terrorist group; financial or document Taliban. with breaks for some defendants who cooper- fraud; weapons violations; and a range of ‘‘Unfortunately, I didn’t come out and ated, said Paul J. McNulty, then the United other crimes. About half are foreign citizens clearly say that’s not what any of us should States attorney overseeing the case. and were deported; the Americans have be about,’’ he said. ‘‘We were doing all we could to prevent the blended into communities around the coun- Prosecutors call Mr. Royer ‘‘an inveterate next attack,’’ Mr. McNulty said. try, refusing news media interviews and liar’’ in court papers in another case, assert- ‘‘It was a deterrence strategy and a show of avoiding attention. ing that he has given contradictory accounts strength,’’ said Karen J. Greenberg, a law —Rare recidivism. By contrast with the of the meeting after Sept. 11. Mr. Royer says professor at Fordham University who has record at Guanta´ namo, where the Defense he has been truthful. overseen the most thorough independent Department says that about 25 percent of Whatever the facts, he is paying the price. analysis of terrorism prosecutions. ‘‘The at- those released are known or suspected of His 20-year sentence was the statutory min- titude of the government was: Every step subsequently joining militant groups, it ap- imum under a 2004 plea deal he reluctantly you take toward terrorism, no matter how pears extraordinarily rare for the federal took, fearing that a trial might end in a life small, will be punished severely.’’ prison inmates with past terrorist ties to term. His wife divorced him and remarried; About 40 percent of terrorism cases since plot violence after their release. The govern- he has seen his four young children only the Sept. 11 attacks have relied on inform- ment keeps a close eye on them: prison intel- through glass since 2006, when the Bureau of ants, by the count of the Center on Law and ligence officers report regularly to the Jus- Prisons moved him to a restrictive new unit Security at New York University, which Ms. tice Department on visitors, letters and in Indiana for inmates with the terrorism Greenberg headed until earlier this year. In phone calls of inmates linked to terrorism. label. After an altercation with another in- such cases, the F.B.I. has trolled for radicals Before the prisoners are freed, F.B.I. agents mate who he said was bullying others, he was and then tested whether they were willing to typically interview them, and probation offi- moved in 2010 to the Supermax in Colorado. plot mayhem—again, a preemptive strategy cers track them for years. He is barred from using e-mail and per- intended to ferret out potential terrorists. Both the Obama administration and Re- mitted only three 15-minute phone calls a But in some cases prosecutors have been ac- publicans in Congress often cite the threat of month—recently increased from two, a move cused of overreaching. homegrown terrorism. But the Bureau of that Mr. Royer hopes may portend his being Yassin M. Aref, for instance, was a Kurdish Prisons has proven remarkably resistant to moved to a prison closer to his children. His immigrant from Iraq and the imam of an Al- outside scrutiny of the inmates it houses, letters are reflective, sometimes self-crit- bany mosque when he agreed to serve as wit- who might offer a unique window on the ical, frequently dropping allusions to his om- ness to a loan between an acquaintance and problem. nivorous reading. His flirtation with violent another man, actually an informant posing In 2009, a group of scholars proposed inter- Islam and his incarceration, he says, have as a supporter of a Pakistani terrorist group, viewing people imprisoned in terrorism cases not poisoned him against his own country. Jaish-e-Muhammad. The ostensible purpose about how they took that path. The Depart- ‘‘You asked what I think of the U.S.; that of the loan was to buy a missile to kill the ment of Homeland Security approved the is an extraordinarily complex question,’’ Mr. Pakistani ambassador to the United Nations. proposal and offered financing. But the Bu- Royer wrote in one letter consisting of 27 Mr. Aref’s involvement was peripheral—but reau of Prisons refused to grant access, say- pages of neat handwriting. ‘‘I can say I was he was convicted of conspiring to aid a ter- ing the project would require too much staff born in Missouri, I love that land and its rorist group and got a 15-year sentence. time. people, I love the Mississippi, I love my fam- That was a typical punishment, according ‘‘There’s a huge national debate about how ily and my cousins, I love my Germanic eth- to the Center on Law and Security, which dangerous these people are,’’ said Gary nic heritage and people, I love the English has studied the issue. Of 204 people charged LaFree, director of a national terrorism language, I love the American people—my with what it calls serious jihadist crimes study center at the University of Maryland, people. since the Sept. 11 attacks, 87 percent were He said he believed some American foreign who was lead author of the proposal. ‘‘I just convicted and got an average sentence of 14 policy positions had been ‘‘needlessly an- think, as a citizen, somebody ought to be years, according to a September report from tagonistic’’ but added, ‘‘Nothing the U.S. did studying this.’’ the center. justified the 9/11 attacks.’’ Federal officials say the government’s The Bureau of Prisons would not make any Mr. Royer rejected the notion that the zero-tolerance approach to any conduct officials available for an interview with The United States was at war with Islam. ‘‘Con- touching on terrorism is an important rea- New York Times, and wardens at three pris- flict between the U.S. and Muslims is neither son there has been no repeat of Sept. 11. ons refused to permit a reporter to visit in- inevitable nor beneficial or in anyone’s in- Lengthy sentences for marginal offenders mates. But e-mails and letters from inmates terest,’’ he wrote. ‘‘Actually, I suppose it is have been criticized by some rights advo- give a rare, if narrow, look at their hidden in the interest of fanatics on both sides, but cates as deeply unfair—but they have sent an world. their interests run counter to everyone unmistakable message to young men drawn PAYING THE PRICE else’s.’’ He added an erudite footnote: ‘‘ ‘Les to the rhetoric of violent jihad. Consider the case of Randall Todd Royer, extre´mite´s se touchent’ (the extremes The strategy has also sent scores of Mus- 38, a Missouri-born Muslim convert who goes meet)—Blaise Pascal.’’ lim men to federal prisons.

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SPECIAL UNITS was named and there appears to be no public interest in protecting the public from ter- After news reports in 2006 that three men evidence for the assertion. rorism,’’ he wrote, ‘‘and that in this post-9/11 imprisoned in the 1993 World Trade Center Mr. Twitty, working for a home improve- environment, it must take all reasonable bombing had sent letters to a Spanish ter- ment company and teaching at a Washington precautions.’’ rorist cell, the Bureau of Prisons created two mosque since his release in January, said he Today, Mr. Royer’s only battle is to serve special wards, called Communication Man- believed the real reason was to quash his out his sentence in a less restrictive prison agement Units, or C.M.U.’s. The units, which complaints about what he believed were mis- nearer his children. In what he called in a opened at federal prisons in Terre Haute, calculations of time off for good behavior for letter ‘‘a heroic sacrifice,’’ his parents, Ray Ind., in 2006 and Marion, Ill., in 2008, have set numerous inmates. ‘‘They had to shut me and Nancy Royer, moved from Missouri to off litigation and controversy, chiefly be- up,’’ he said. Virginia to be close to their son’s children, cause critics say they impose especially re- Another former inmate at the Marion now aged 8 to 12. ‘‘I found it necessary to be a surrogate fa- strictive rules on Muslim inmates, who are C.M.U., Andy Stepanian, an animal rights ther,’’ said Ray Royer, 70, a commercial pho- in the majority. activist, said a guard once told him he was tographer by trade, in an interview at the re- The C.M.U.’s? You mean the Muslim Man- ‘‘a balancer’’—a non-Muslim placed in the tirement community outside Washington agement Units?’’ said Ibrahim Hooper, a unit to rebut claims of religious bias. Mr. where he and his wife now live. When his son, spokesman for the Council on American-Is- Stepanian said the creation of the predomi- who still goes by Randy in the family, con- lamic Relations. nantly Muslim units could backfire, adding verted to Islam at the age of 18, his parents The units currently hold about 80 inmates. to the feeling that Islam is under attack. did not object. Later, when he headed to Bos- The rules for visitors—who are allowed no ‘‘I think it’s a fair assessment that these nia, they chalked it up to his active social physical contact with inmates—and the men will leave with a more intensified belief conscience. ‘‘Religion is a personal thing,’’ strict monitoring of mail, e-mail and phone that the U.S. is at war with Islam,’’ said Mr. the elder Mr. Royer said. ‘‘He’d never been in calls are intended both to prevent inmates Stepanian, 33, who now works for a Prince- trouble.’’ from radicalizing others and to rule out plot- ton publisher. ‘‘The place reeked of it,’’ he Ray Royer was at his son’s Virginia apart- ting from behind bars. said, describing clashes over restrictions on ment in 2003 when the F.B.I. knocked at 5 A Bureau of Prisons spokeswoman, Traci prayer and some guards’ hostility to Islam. a.m., put him in handcuffs and took him L. Billingsley, said in an e-mail that the Yet Mr. Stepanian also said he found the away. Now, years later, he alternates be- units were not created for any religious ‘‘family atmosphere’’ and camaraderie of in- tween defending his son and expressing dis- group but were ‘‘necessary to ensure the mates at the unit a welcome change from the may at what Randy got himself into. safety, security and orderly operation of cor- threatening tone of his previous medium-se- curity prison, where he said prisoners with- ‘‘He did help his buddies get to L.E.T.,’’ or rectional facilities, and protection of the Lashkar-e-Taiba, the Pakistani militant public.’’ out a gang to protect them were ‘‘food for the sharks.’’ When he arrived at the C.M.U., group later designated as a terrorist organi- An unintended consequence of creating the zation. ‘‘He admitted to it. He should pay the C.M.U.’s is a continuing conflict between he said, he found on his bed a pair of shower slippers and a bag of non-animal-based food price.’’ Still, he added, ‘‘maybe he deserved Muslim inmates and guards, mainly over the five years or so. Not 20.’’ inmates’ demand for collective prayer be- that Muslim inmates had collected after hearing a vegan was joining the unit. Ray Royer sat at his home computer one yond the authorized hourlong group prayer recent evening, looking through a folder on Fridays. The clash is described in hun- He was wary. ‘‘I thought they were trying to indoctrinate me,’’ he said. ‘‘They never called ‘‘Randy Pics’’—photographs tracing dreds of pages of court filings in a lawsuit. In his son’s life from childhood, to fatherhood, one affidavit, a prison official in Terre Haute tried.’’ The consensus of the inmates, he said, ‘‘was that 9/11 was not Islam.’’ ‘‘These to prison. describes ‘‘signs of radicalization’’ in the ‘‘He loved his family,’’ the father said of guys were not lunatics,’’ he said. ‘‘They unit, saying one inmate’s language showed his son. ‘‘Why would he put this cause ahead wanted to be back with their families.’’ ‘‘defiance to authority, and a sense of being of his family? I still don’t really know what incarcerated because of Islam.’’ REFLECTION happened. I’m still trying to figure it out.’’ One 2010 written protest obtained by The It may be too early to judge recidivism for Mr. WHITEHOUSE. Mr. President, I New York Times, listing grievances ranging those imprisoned in terrorism cases after rise today to highlight important pro- from the no-contact visiting rules to guards Sept. 11; those who are already out are most- ‘‘mocking, disrespecting and disrupting’’ Fri- ly defendants whose crimes were less serious visions of the National Defense Author- day Prayer, was signed by 17 Muslim pris- or who cooperated with the authorities. Jus- ization Act conference report that will oners in the Terre Haute Communication tice Department officials and outside experts counter the serious and growing prob- Management Unit. They included members could identify only a handful of cases in lem of counterfeit goods entering the of the so-called Virginia jihad case of which which released inmates had been rearrested, military supply chain. Mr. Royer was part; the Lackawanna Six, a rate of relapse far below that for most fed- Section 818 of the conference report, Buffalo-area Yemeni Americans who trav- eral inmates or for Guanta´ namo releases. which includes these provisions, re- eled to a Qaeda camp in Afghanistan; Kevin For example, Mohammed Mansour flects the leadership of Chairman James, who formed a radical Muslim group Jabarah, a Kuwaiti Canadian who plotted LEVIN and Ranking Member MCCAIN of in prison and plotted to attack military fa- with Al Qaeda to attack American embassies cilities in Los Angeles; and John Walker in Singapore and Manila, pleaded guilty in the Senate Armed Services Committee. Lindh, the so-called American Taliban. 2002 and began to work as an F.B.I. inform- I applaud their work to keep counter- An affidavit signed by Mr. Lindh, who is ant. But F.B.I. agents soon discovered he was feit parts out of the military supply serving 20 years after admitting to fighting secretly plotting to kill them—and he was chain. As I have said before, our Nation for the Taliban, complained that a correc- sentenced to life in prison. asks a lot of our troops. In return, we tional officer greeted male Muslim inmates Nearly all of these ex-convicts, however, must give them the best possible equip- with ‘‘Good morning, ladies.’’ (‘‘No ladies lie low and steer clear of militancy, often ment to fulfill their vital missions and were in the area,’’ Mr. Lindh writes.) Prison under the watchful eye of family, mosque officials say in court papers that Mr. Lindh and community, lawyers and advocates say. come home safely. We must ensure the has repeatedly challenged guards and vio- A dozen former inmates declined to be inter- proper performance of weapon systems, lated rules. viewed, saying that to be associated publicly body armor, aircraft parts, and count- Unlike those at the Supermax, inmates in with a terrorism case could derail new jobs less other mission-critical products. the segregated units have access to e-mail, and lives. As for Mr. Royer, he is approach- Section 818 goes a long way toward pro- and some were willing to answer questions. ing only the midpoint of his 20-year sen- tecting our troops from the dangers of Mr. Lindh, whose father, Frank Lindh, said tence. counterfeit parts and the decreased his son believed the news media falsely la- Did he get what he deserved? Chris combat effectiveness they cause. beled him a terrorist, was not. In reply to a Heffelfinger, a terrorism analyst and author I am particularly glad that section reporter’s letter requesting an interview, he of ‘‘Radical Islam in America,’’ did a de- sent only a photocopy of the sole of a tennis tailed study of the Virginia jihad case, and 818 includes a provision I introduced to shoe. Since shoe bottoms are considered of- concluded that Mr. Royer’s sentence was per- increase criminal penalties for traf- fensive in many cultures, his answer ap- haps double what his crime merited. But he ficking in counterfeit military goods. peared to be an emphatic no. said the prosecution was warranted and That provision, introduced as the Com- There is some evidence that the Bureau of probably prevented at least some of the men bating Military Counterfeits Act of Prisons has assigned Muslims with no clear Mr. Royer assisted from joining the Taliban. 2011, S. 1228, was reported without ob- terrorist connection to the C.M.U.’s. Avon ‘‘I think a strong law enforcement re- jection by the Senate Judiciary Com- Twitty, a Muslim who spent 27 years in pris- sponse to cases like this is appropriate nine mittee. It was cosponsored by Senators on for a 1982 street murder, was sent to the times out of 10,’’ Mr. Heffelfinger said. Mr. Terre Haute unit in 2007. When he challenged Royer himself, in his long presentencing let- GRAHAM, LEAHY, MCCAIN, COONS, KYL, the assignment, he was told in writing that ter to Judge Leonie M. Brinkema, said he BLUMENTHAL, HATCH, KLOBUCHAR, and he was a ‘‘member of an international ter- understood why he had been arrested. ‘‘I re- SCHUMER. I was very grateful that rorist organization,’’ though no organization alize that the government has a legitimate Chairman LEVIN and Ranking Member

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I look forward to the future re- tion, and a transfer of the waiver au- Chairman LAMAR SMITH of the House duction in the number of dangerous thority from the Secretary of Defense Judiciary Committee, who introduced counterfeit military products that are to the President. In its totality, these comparable language in the House. It currently putting our troops’ safety at changes led the White House to state was a pleasure working with him on risk and reducing combat effectiveness. that the ‘‘the language does not chal- the language included in section 818(h). Mr. KERRY. Mr. President, I am vot- lenge or constrain the President’s abil- I am very grateful that he was able to ing to pass the conference report for ity to collect intelligence, incapacitate clear the provision on the House side, the National Defense Authorization dangerous terrorists, and protect the thereby enabling its inclusion in the Act for Fiscal Year 2012, NDAA. American people, and the President’s conference report. This is not a perfect piece of legisla- senior advisors will not recommend a Prosecutors will be able to employ tion. But it contains important hard- veto.’’ section 818(h) to deter criminals from fought provisions that I am unwilling Given all this, as well as the fact trafficking in military counterfeits. to jeopardize or risk denying to the that the detention-related provisions of This will help protect our national se- brave men and women defending our the bill have been improved from a curity and the safety of our troops. The Nation, and their families. Specifi- civil liberties perspective, and in light U.S. Sentencing Commission also has a cally, this bill represents the year’s of the other urgent priorities contained role to play. It should update relevant last opportunity to pass a 1.6 percent in the overall bill, I am voting in favor sentencing guidelines to ensure that across-the-board pay raise for our men of the conference report. they reflect the seriousness of these and women in the military. The bill Mr. HARKIN. Mr. President, as a U.S. reprehensible crimes. I would particu- also includes a bipartisan provision Senator, I have no greater responsi- larly note that the Obama administra- Senator COLLINS and I have been work- bility than to work to ensure our Na- tion has called for an increase of the ing on for over a year to get passed: an tion’s security. In that regard, I believe minimum base offense level for traf- effort to protect victims of sexual as- our Armed Forces must have all the ficking in counterfeit military goods to sault in the military. As a veteran, I tools they need to keep our country 14. I trust that the Sentencing Com- have been deeply troubled by what Sen- safe. That is why I support the vast mission will give this recommendation ator COLLINS and our colleague in the majority of the provisions in the Na- substantial weight when it reconsiders House, Representative TSONGAS, have tional Defense Authorization Act. the guidelines in light of the changes heard about the alarming incidences of The bill takes some small steps to- section 818(h) makes to the Criminal sexual assault in the military—which wards reining in runaway defense Code. As the administration has ex- is why we worked so hard through this spending, which has nearly doubled in plained, a minimum offense level of 14 bill to strengthen support for sexual the past decade. This bill authorizes for trafficking in counterfeit military assault prevention, legal protection for $26.6 billion less than requested at the products would mean that a first-time victims of sexual assault, and assist- beginning of the year, providing more offender with no criminal history ance for victims. than enough to defend our interests, would face at least a 10- to 16-month There are, however, problems with while chipping away at the Pentagon’s guideline range without any other ag- this bill which still concern me. When nonstop growth. It also lays the gravated conduct, after taking into ac- the bill was on the floor, I fought for groundwork for reevaluating outdated count a reduction for acceptance of re- amendments that would have stripped Cold War-era overseas deployments in sponsibility. Such penalties should be troubling detainee provisions out of Europe and the Pacific that are both the bare minimum for offenses that put the bill entirely. I also voted for other costly and increasingly unnecessary. All of these provisions I support and our troops’ safety at risk. amendments that would have signifi- believe are important. However, be- I also would like to highlight a sec- cantly narrowed the scope of the de- cause I believe this bill infringes on ond provision within section 818 of the tainee provisions. Unfortunately, not- critical constitutional values, I must conference report. Our colleagues on withstanding my votes, those amend- oppose final passage. I believe we can the Finance and Judiciary Committees ments were not adopted by the Senate. do a better job of protecting our na- have been working diligently to clarify The conferees, with our urging, and tional security without compromising that Customs and Border Protection with the President’s veto threat, made these important values. agents can share sufficient information some progress in improving that part This Nation has long been a beacon with trademark holders to ensure that of the bill. I commend the conferees for of liberty and a champion of rights counterfeit products are stopped at the working to address concerns of mine throughout the world. Yet, since 9/11, border. Chairman LEAHY, for example, and many other Senators, senior ad- in the name of security, we have re- amended his PROTECT IP Act to that ministration officials, and the public peatedly betrayed our highest prin- end. Section 818(g) includes comparable over the detention-related provisions ciples. The past administration be- language, and I applaud the conferees in the NDAA. While the provisions in lieved it could eavesdrop on Americans for recognizing the importance of this the conference report are an improve- without a warrant or court order. It provision. It reaffirms the executive ment over their counterparts in the utilized interrogation techniques long branch’s authority to share necessary bill that the Senate passed last week, considered immoral, ineffective, and il- information with rights holders with- we need to continue to examine deten- legal, regardless of laws and treaties. out fear of violating the Trade Secrets tion law and policy to ensure that the And, it intentionally sought to put de- Act. It thereby will enable Customs treatment of detainees is consistent tainees beyond the rule of law. Thank- and Border Protection to fulfill its re- with our national security and with fully, the current administration has sponsibility to stop military counter- core American values. ended the worst abuses of these prac- feits at the border. Under this provi- The progress made in conference on tices, despite the efforts of some of my sion, they will be able to share the the detention-related provisions is sig- colleagues to stymie these efforts. same photographs and samples they nificant enough that I am comfortable However, I am deeply concerned that currently share but with the serial voting for the bill, and the White the conference report continues us on a numbers and other identifying infor- House has lifted its veto threat. Spe- dangerous path, which sacrifices long- mation shown, not redacted. This sim- cifically, the conference report in- held and durable principles at the altar ple change in practice should be imple- cludes several changes to the detainee of fear and short-term expediency. mented immediately, without the provisions, including a new paragraph To begin, this bill fails to make clear delay of unnecessary regulatory proc- that clearly states that nothing in the that under no circumstance can an esses. Now is the time to protect our bill ‘‘shall be construed to affect the American citizen be detained indefi- troops from the risk of dangerous coun- existing criminal enforcement and na- nitely without trial. I simply do not

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I regret the de- cally: ‘‘We have long since made clear due process of law. cision of the House and Senate con- that a state of war is not a blank check Second, it mandates, for the first ferees to include unnecessary and po- for the President when it comes to the time, that non-American terrorist sus- tentially harmful provisions related to rights of the Nation’s citizens.’’ It is pects arrested in the United States will the detention of terrorist suspects. stunning to me that sponsors of the un- be detained by the military rather than However, I strongly support measures derlying Senate bill argued for the in- civilian law enforcement. Throughout in the conference report that will em- definite detention of U.S. citizens at our history, there has been a clear di- power the National Guard within the Guantanamo Bay. We must make clear vide between our military—which Department of Defense, enhance pro- that our laws do not stand for such a fights wars abroad—and law enforce- tections for military victims of sexual proposition. We are a nation of laws, ment in the United States, and that di- violence, increase transparency by lim- and we must adhere vigilantly to the vide has worked. For example, since iting unnecessary exclusions from the principles of our Constitution. I urge 9/11, over 400 terrorists have been suc- Freedom of Information Act, improve all Senators to support this bipartisan cessfully convicted in article III, not mental health outreach to members of effort to protect American values and military, courts. For persons in this the National Guard and Reserves, and cosponsor the Due Process Guarantee country, it is a dangerous precedent to make many other changes to strength- Act. I am also deeply troubled by the not only authorize but actually require en our national defense and take care mandatory military detention require- military custody. of our men and women in uniform. Finally, the bill would make it much I continue to strongly oppose the de- ments included in section 1022 of this conference report. In the fight against more difficult to close the detention tention related provisions in this con- al-Qaida and other terrorist threats, we center at Guantanamo Bay. There sim- ference report, which I believe are un- should give our intelligence, military, ply is no compelling reason to keep the wise and unnecessary. These provisions and law enforcement professionals all facility open and not to bring these de- undermine our Nation’s fundamental the tools they need, not limit those tainees to maximum security facilities principles of due process and civil lib- tools. But limiting them is exactly within the United States. The deten- erties and inject operational uncer- what this conference report does. Sec- tion center is a recruiting tool for tainty into our counterterrorism ef- retary Panetta has stated unequivo- those who wish to cause us harm and forts in a way that I believe harms our cally that ‘‘[t]his provision restrains been a stain on our Nation’s honor. I national security. the Executive Branch’s options to uti- agree with former Secretary of State I strongly oppose section 1021 of this lize, in a swift and flexible fashion, all Colin Powell, who said that ‘‘we have conference report, which statutorily the counterterrorism tools that are shaken the belief that the world had in authorizes indefinite detention. I am now legally available.’’ Requiring ter- America’s justice system by keeping fundamentally opposed to indefinite rorism suspects to be held only in mili- [the detention center at Guantanamo detention and certainly when the de- tary custody and limiting the available Bay] open. We don’t need it and it’s tainee is a U.S. citizen held without options in the field is unwise and un- causing us far more damage than any charge. Indefinite detention con- necessary. good we get for it.’’ tradicts the most basic principles of Supporters of the conference report In the immediate aftermath of 9/11, law that I subscribed to when I was a claim that concerns about the manda- the administration declared a broad prosecutor, and it severely weakens tory military detention section are and open-ended ‘‘war on terror.’’ I have our credibility when we criticize other ‘‘red herrings.’’ They claim that they always considered this a flawed de- governments for engaging in similar have modified the legislation in ways scription of the challenge that con- conduct. that give the President the flexibility fronted us after the 9/11 attacks. After Supporters of this measure will argue he needs to apply the provisions with- all ‘‘terror’’ is an endlessly broad and that this language simply codifies the out impeding investigations or under- vague term. And a ‘‘war on terror’’ is a status quo. That is not good enough. I mining operations in the field. The war that can never end because ter- am not satisfied with the status quo. changes are totally inadequate. The rorism and terrorists will always be Under no circumstances should the Statement of Administration Position, with us. Because of the never-ending United States of America have a policy SAP, calls the mandatory military de- nature of this so-called war on terror, of indefinite detention. I fought tention section ‘‘unnecessary, untest- it offers a rationale for restricting civil against Bush administration policies ed, and legally controversial.’’ The liberties indefinitely. This is not that left us in the situation we face SAP goes on to state that ‘‘applying healthy for our democracy or for our now, with indefinite detention being this military custody requirement to ability to inspire other countries to the de facto administration policy. And individuals inside the United States abide by democratic principles. I strongly opposed President Obama’s . . . would raise serious and unsettled Mr. President, we will not overcome executive Order on detention when it legal questions and would be incon- terrorism with secret prisons, with tor- was announced last March because it sistent with the fundamental American ture, with degrading treatment, with contemplated, if not outright endorsed, principle that our military does not pa- individuals denied basic rights; rather, indefinite detention. trol our streets.’’ we shall overcome it by staying true to This is not a partisan issue for me. I Some supporters of the conference re- our highest values and by insisting on have opposed indefinite detention no port also claim that the national secu- legal safeguards that are the very basis matter which party holds the keys to rity waiver provision is ‘‘a mile wide’’ of our system of government and free- the jailhouse. I fought to preserve ha- and provides the administration with dom. Today is the 220th anniversary of beas corpus review for those detained sufficient flexibility. The intelligence the ratification of the Bill of Rights. at Guantanamo Bay because I believe professionals who work every day to The values embodied in that remark- that the United States must uphold the keep our Nation safe disagree. The Di- able document have bound our Repub- principles of due process and should rector of National Intelligence, James lic together for over 200 years and can only deprive a person of their liberty R. Clapper, wrote to Senator FEINSTEIN bind us for 200 more if we hold them subject to judicial review. that the ‘‘detention provisions, even close. Today, I joined Senator FEINSTEIN, with the proposed waivers, would intro- Mr. LEAHY. Mr. President, the Sen- Senator LEE, and others to introduce a duce unnecessary rigidity at a time ate today will pass the National De- bill titled the Due Process Guarantee when our intelligence, military, and fense Authorization Act for the coming Act. This bill will make clear that nei- law enforcement professionals are fiscal year. This vote is historic as ther an authorization to use military working more closely than ever to de- Congress has enacted a national de- force nor a declaration of war confer fend our nation effectively and quickly fense authorization act every year for unfettered authority to the executive from terrorist attacks.’’ the past half century. I commend the branch to hold Americans in indefinite As chairman of the Judiciary Com- Senate for maintaining this steadfast detention. In the 2004 Supreme Court mittee, I am particularly concerned

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I also can Beginning in May, a new national se- eral courts, why would we want to re- see no reason why these provisions curity consensus quietly formed in move this option from the table? As were rushed through the committee Congress around an issue at the core of Jeh Johnson, the Pentagon’s top law- without the input of the Defense De- our national security. Seventy-one sen- yer, said recently, the Federal courts partment and Federal intelligence and ators from both parties steadily added are ‘‘well equipped to handle the pros- law enforcement agencies that will be their support to S. 1025, the bill that ecution of dangerous domestic and directly affected if this language is en- Senator GRAHAM and I called Guard international terrorists,’’ and ‘‘the acted. On issues of such national sig- Empowerment II. The provisions of our military is not the only answer.’’ I nificance, the American people deserve bill built upon the first Guard em- could not agree more. an open and transparent process. powerment bill that I introduced with The implementation procedures re- Supporters of the detention provi- Senator Kit Bond of Missouri. That quired in the legislation are simply not sions in the conference report continue measure became law in 2008 and ele- enough to alleviate the potential for to argue that such measures are needed vated the Chief of the National Guard problems in the field. As Secretary Pa- because, they claim, ‘‘we are a nation Bureau to the rank of four-star gen- netta stated in his recent letter to Sen- at war.’’ That does not mean that we eral. This year’s bill had as its ator LEVIN, this provision may ‘‘need- should be a nation without laws or a headlining provision an effort to make lessly complicate efforts by frontline nation that does not adhere to the the Chief a statutory member of the law enforcement professionals to col- principles of our Constitution. We Joint Chiefs of Staff. Despite the vocif- lect critical intelligence concerning op- should prosecute those who commit erous opposition of Active component erations and activities within the crimes and terrorist acts and sentence generals in the Pentagon—including all six sitting Joint Chiefs of Staff—a bi- United States.’’ No one in the military, them to long terms in prison. The De- partisan congressional consensus intelligence community, or law en- partment of Justice has prosecuted formed around S. 1025 and Guard em- forcement has asked for this provision, more than 440 terrorists since Sep- powerment. I was pleased that the Sen- and rather than strengthening our na- tember 11, 2001. We have a very strong ate included its provisions in our tional security, it makes us less safe. record and nothing to fear from choos- version of the National Defense Au- During floor debate over the Senate ing a course that upholds American thorization Act late last month and bill, FBI Director Mueller wrote that values and the rule of law. That is why that the conferees retained a majority the mandatory military provision I also oppose some of onerous funding of those provisions in the conference would adversely affect the Bureau’s and certification restrictions that ability to conduct counterterrorism in- report. make it virtually impossible to trans- The new consensus on the National vestigations and inject ‘‘a substantial fer individuals out of Guantanamo or Guard comes as the budget debates of element of uncertainty’’ into its oper- to prosecute individuals detained there this Congress have fractured the Cold ations. He argued that the provision in Federal courts. War national security consensus of the fails to take into account ‘‘the reality I also strongly oppose section 1029 of last half century. While those fractures of a counterterrorism investigation.’’ the conference report, which requires were an inevitable outcome of the end The conference report modified the the Attorney General to consult with of the Soviet empire, what will replace mandatory military detention section the Director of National Intelligence the Cold War consensus remains un- to preserve the existing law enforce- and Secretary of Defense before seek- clear. Some Members of Congress argue ment and national security authorities ing an indictment of certain terrorism for diplomatic and military retrench- of the FBI, but the effect of that new suspects. This provision was not con- ment from every corner of the globe language remains unclear. At our Judi- sidered or debated by the Senate and back to Fortress America. Others be- ciary Committee hearing on December certainly not by the Senate Judiciary lieve that we must expand, not shrink, 14, the FBI Director stated that the Committee, which I chair. I oppose this our international footprint. Yet nearly modified text ‘‘does not give me a clear provision because it needlessly under- everyone agrees that budgetary factors path to certainty as to what is going to mines the authority of the Attorney must mean a change in the way the happen when arrests are made in a par- General and is an unprecedented in- Pentagon does business—and that ticular case.’’ The FBI Director is par- fringement on the prosecutorial inde- change cannot wait. ticularly concerned with how the legis- pendence of the Department of Justice. The seeds of that change were sown a lation will affect the Bureau’s ability Regrettably, the detention language decade ago. In the days and weeks fol- to gain the cooperation of suspects. in this conference report remains fun- lowing 9/11, the former ‘‘strategic re- The FBI has a long and successful damentally flawed. The detainee provi- serve’’ became, of necessity, fully oper- track record in the cultivation and use sions will codify a practice of indefi- ational. The National Guard and Re- of cooperating witnesses. But as Direc- nite detention that has no place in the serve components, once a Cold War tor Muller stated, ‘‘The possibility justice system of any democracy. They failsafe, were called into regular rota- looms that we will lose opportunities will cause further damage to our rep- tion in the wars in Iraq and Afghani- to obtain cooperation from the persons utation as a nation that respects the stan. Our country simply could not in the past that we’ve been fairly suc- fundamental right of due process, harm field the forces we needed without call- cessful in gaining.’’ I cannot under- the efforts of intelligence and law en- ing on the Guard and Reserve. Simulta- stand why the authors of this con- forcement officials in the field, and neously, America experienced domestic ference continue to insist upon lan- may limit their ability to track down disasters on an unprecedented scale. In guage that will undermine the FBI in terrorists and bring them to justice. each situation, the President called on its use of this critical counterterrorism My support for the Defense bill should the National Guard as the military authority. not be construed as support for its de- first responders to help citizens in The language in the detention sub- tention provisions, which I oppose in need. Today, the metamorphosis from a title of this conference report is the the strongest possible terms. strategic reserve to an operational re- product of a process that has lacked Instead, my support for the bill re- serve is complete. transparency from the start. These flects the inclusion of the National Yet entrenched bureaucratic inter- measures directly affect law enforce- Guard Empowerment Act, a bill I draft- ests still resist what most Americans ment, detention, and terrorism matters ed with Senator LINDSEY GRAHAM, as now accept as an accomplished fact. that have traditionally been subject to an amendment to its underlying text. The Joint Chiefs fought our efforts to the jurisdiction of the Senate Judici- The Guard empowerment provisions bring the Chief of the Guard Bureau ary Committee and the Senate Select have been understandably over- into the ‘‘Tank’’ not because they mis- Committee on Intelligence, but neither shadowed by the debate on other, more understand the value of the Guard and

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.060 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8653 Reserve, but precisely because they serve officers be considered for these taining to detainee treatment fail to fear that value proposition may threat- positions whenever they are vacant. strike the appropriate, important bal- en the size and budget of their Active Section 1085, ‘‘Use of State Partner- ance between national security, due components in the years to come. ship Program Funds for Certain Pur- process, and civil liberties. Sections Nevertheless the Active component poses,’’ includes a limited authoriza- 1021, 1022, and 1023 are the latest in a must shrink, both as a consequence of tion of the State Partnership Program series of legislative proposals that pro- our current budgetary reality and to which is the major vehicle for the Na- vide ever-narrowing latitude for deal- reflect the constitutional vision the tional Guard of the States to partici- ing with terrorism suspects, whether in Framers had of a small standing Army pate in international security assist- the U.S. or abroad. augmented by a larger cadre of citizen ance and capacity building missions at I am concerned, that these provisions soldiers. Simultaneously, the Guard the request of the State Department take us one small, but significant, step and Reserve must grow so that those chief of mission and geographic com- down the road towards a state in which cuts to the Active force can be quickly batant commander. ordinary citizens live in fear of the and easily reversed if the cir- Last but certainly not least, section military, rather than the free society cumstances demand it. Just a year ago, 1080A, ‘‘Report on Costs of Units of the that has marked this great nation no one predicted our operations to oust Reserve Components and the Active since the Bill of Rights was ratified 220 Muammar Qadhafi. In a world where Components of the Armed Forces,’’ in- years ago, in 1791. military needs change day by day, we stitutes the ‘‘similar unit’’ cost report The new detention authorities thrust must not hollow out the force. To proposed by S. 1025 with some added de- upon our military in this bill are an as- sault on our civil liberties and do not avoid that outcome in a period of aus- tail and while retaining the Comp- belong on our books. They were not re- tere budgets, we must depend more and troller General evaluation of the De- quested by the Pentagon, in fact they more on the National Guard and Re- partment’s report. That last require- have been resisted by the President, serve. ment is important to keep the Depart- To that end, the conferees included ment of Defense honest in its assump- the Secretary of Defense, the Attorney General, and the directors of National section 512 in this Defense bill which tions and analysis leading to conclu- Intelligence and the FBI. They do not adds the Chief of the National Guard sions about the relative cost of Active make us safer and, to the contrary, Bureau to the Joint Chiefs of Staff. It and Reserve units. they will create dangerous confusion also reinforces the duties and respon- The Reserve component cost report within our national security commu- sibilities of the Chief as listed in 10 will undergird efforts by the Senate National Guard Caucus in the years to nity. U.S.C. § 10502 in accordance with the Under these sections, a terrorism come. While it has long been common listing of responsibilities of the Chief suspect must be remanded to U.S. mili- knowledge that the National Guard already in that section. This provision tary custody, even when that suspect is historic and will dramatically im- and Reserves are cheaper to maintain presents no imminent threat to public prove the advice that the President and in dwell than Active-Duty Forces, the safety and is being held under sus- Secretary of Defense receive on mat- report will prove that colloquial wis- picion of committing a U.S. crime. The ters of national security and the de- dom and bolster the arguments of the suspect may be held indefinitely. In- fense budget. Congress in a future push to reduce the deed, if the suspect is transferred to Section 511, ‘‘Leadership of the Na- size of the Active component as we Guantanamo, it may be a practical re- tional Guard Bureau,’’ reestablishes draw down from Iraq and Afghanistan ality that the suspect must be held in- the Vice Chief of the National Guard while growing the size of the Reserve definitely, thanks to the onerous cer- Bureau as a lieutenant general and ex- components. tification requirements contained in cludes the positions of the Chief and I am also pleased that the conferees Section 1023. If not sent to Guanta- the Vice Chief of the National Guard included my language to narrow the namo, the suspect may be rendered to Bureau from limitations on the number Freedom of Information Act, FOIA, ex- a foreign power, where he may be sub- of general and flag officers in the De- emption in the bill for Department of ject to coercive interrogation, torture, partment of Defense. Reinstating the Defense critical infrastructure security or death. Or, the individual may simply Deputy position at the National Guard information. This improvement adds a remain in custody of our own military, Bureau will give the Chief flexibility at public interest balancing test requiring waiting for the cessation of an endless a time when he sorely needs it and pro- that the Secretary of Defense consider conflict against an idea. viding a third star for the position will whether the public interest in the dis- As my colleagues from Vermont and give it more institutional clout. closure of this information outweighs Oregon, from Colorado and California, Section 515 implements the outcomes the government’s need to withhold the have already said so eloquently, these of a negotiation between the Council of information when evaluating FOIA re- provisions reflect an unfortunate and Governors and the Department of De- quests. The addition of this measure to unwise shift away from the current fense by authorizing the President to the National Defense Authorization law, in which the criminal justice sys- order the Federal Reserve component Act will help ensure that FOIA remains tem is presumed to be sufficient for to Active Duty to provide assistance in a viable tool for access to Department those who commit crimes on U.S. soil. response to a major disaster or emer- of Defense information that impacts No system is perfect, but the federal gency. In addition to authorizing a Re- the health and safety of the American criminal justice system is considered serve forces callup for domestic disas- public. by many around the world to be the ters and emergencies, it codifies the As I said at the outset, this National gold standard for fairness, trans- dual-status title 10 and title 32 com- Defense Authorization Act will be re- parency and reliability. Since 9/11, the mander as the usual and customary membered both for changing our proc- civilian criminal process has been suc- command relationship for military op- ess of detaining and prosecuting sus- cessful in securing convictions and erations inside the United States, a pected terrorists and for empowering lengthy sentences against hundreds of key victory for Federal-State integra- the National Guard. I continue to op- terrorism suspects. tion of military command and control. pose the changes the act will make to This is compared to just six convic- Section 518, ‘‘Consideration of Re- our counterterrorism legal regime. But tions in military tribunals, and two of serve Component Officers for Appoint- I nevertheless support how the act will these individuals are walking free ment to Certain Command Positions,’’ improve the sourcing and fielding of today. A third, Ibrahim al Qosi, was is a modified version of a provision of military forces in the years to come. I convicted of being a Taliban fighter. S. 1025 which would have reserved the will look to fix the former and further Under his sentence of 2 years, he would positions of commander, Army North, improve the latter in future legisla- be due to be released next summer. But and commander, Air Force North, for tion. when he serves his sentence, he likely National Guard officers with an empha- Mr. COONS. Mr. President, today I will not be released. Instead, he will be sis on the consideration of current and rise to express my deep concern that detained until our undefined hostilities former adjutants general. Instead, the the 2012 National Department of De- against Islamic extremism and ter- section requires that Guard and Re- fense Authorization Act provisions per- rorism conclude. In other words, he

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.060 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8654 CONGRESSIONAL RECORD — SENATE December 15, 2011 will be detained indefinitely. Criminal not help us in 2001, and will not help us ings, usually targeting police officers process like this is little better than no in 2021. These new authorities do noth- or civilians. In 1901, an anarchist assas- process at all. It ought to be reserved ing to change that and will not make sinated President McKinley. In the for the rarest cases where the civilian us any safer. The only effective com- First Red Scare during the early part criminal justice system is not suitable. prehensive model for national security of the century, a plot was uncovered to It should not be made the new stand- is one that strengthens both our law bomb 36 leaders of government and in- ard. enforcement and military to fight dustry. During the 1960s and 70s, the If we are going to short-circuit the threats within their respective areas of Weather Underground declared as its criminal justice system, we ought to at expertise. mission to overthrow the U.S. govern- least have good reason to do so. At a Another deeply concerning aspect of ment. Members planted bombs in the minimum, I would expect the Presi- the detainee provisions in the Defense Capitol, the Department of State and dent, the Attorney General, the Sec- Authorization bill is what they say the Pentagon. retary of Defense, or the Director of about the ability of the military to de- Each of these threats, and others, has National Intelligence to make the case tain U.S. citizens. Section 1021 expands before placed an existential fear in the that military custody is the only way the 2001 Authorization of the Use of minds of Americans. We have not al- to appropriately handle terrorists. But Military Force to include the authority ways acted well. The Sedition Act of that is not what happened here. No one to detain and hold indefinitely any per- 1918, the internment of Japanese Amer- is calling for these new powers. They son, even a U.S. citizen, if the military icans during the Second World War, are being thrust upon our military. suspects that such a person has sup- and the House Un-American Activities President Obama has said that these ported any force associated with al- Committee and Hollywood blacklisting provisions will hinder his ability to Qaeda. following the war are three notable ex- prosecute the campaign against terror- While I believe it acceptable for le- amples of action, taken in the face of ists. The Attorney General and the Di- thal military actions to be taken severe threat, which now the vast ma- rector of National Intelligence have against U.S. citizens abroad who have jority of Americans look back upon said that these provisions threaten to clearly taken up arms against this Na- with deep regret. undermine the collection of intel- tion, I am concerned about the slow As technology has advanced, so has ligence from suspected terrorists. but steady creep of the military into the ability of the government to reach They don’t want these authorities. areas that traditionally have been re- into our lives, whether through unseen The military does not want them ei- served for civilian law enforcement. drones and hidden electronic surveil- ther. The Secretary of Defense has said Testifying yesterday before the Judici- lance, omnipresent cameras and ad- that the provisions will unnecessarily ary Committee, FBI Director Robert vanced facial recognition programs, or complicate its core mission of pro- Mueller said he has serious concerns unfettered access to our telephone and tecting our nation and projecting mili- about the potential future ramifica- Internet records. tary force abroad. These provisions do tions of introducing military forces The advance of technology, however, not make sense as a matter of defense into the criminal justice process. is not justification for the retreat of policy, and, because the meaning of At the local level, it is often difficult liberty, especially not when we have at some of the key terms is deliberately to distinguish whether an individual in our disposal a criminal justice system unclear, we can not even predict the possession of bomb-making compo- that is up to the task of keeping us precise impact that they will have. nents is a hardened terrorist coordi- safe. In the best-case scenario, we will end nating with al-Qaeda; is a troubled, I plan to vote for the Conference Re- up in a situation with minor changes dangerous, but affiliated teenager; or is port of the National Defense Author- to an existing detainee policy that has completely innocent of any crime at ization Act because I agree with much already proven to inspire and sustain all. In the rush to ‘‘repel borders’’ at of what is within it. During a time of this and the next generation of extrem- the early stages of investigations, mis- war, we cannot allow our military to ists who wish to destroy this country. takes will be made. We need to make go unauthorized. We cannot allow our In the worst-case scenario, we make sure that these mistakes do not over- troops to go unpaid. The NDAA pro- several significant changes that hinder run the constitutional protections we vides oversight of and spending limita- our ability to find and destroy this cur- all enjoy as Americans. tions for the military. It elevates the rent generation of extremists. It is true, as supporters of these pro- head of the National Guard to the I do not accept the underlying as- visions have argued, that Section 1021 Joint Chiefs level, which is necessary sumption of these unnecessary new contains a limitation that the author- to ensure that military leadership ade- provisions that the threat the United ization of force does not include the quately considers the unique reserve States faces is one that can be defended right to hold citizens in violations of capacity role now filled by the Guard. by more guns, taller walls, and deeper their constitutional rights. That is The bill will also begin to address the holes that we ‘‘disappear’’ people into. some comfort, but not enough. As I sat inability of Customs and Border Patrol In fact, defense from the threats of in the presiding chair during debate agents to share information necessary today and tomorrow called ‘‘asym- over this bill, I heard my colleagues to identify military and other counter- metric’’ because they do not attempt argue that we are in a time of war and feits at our borders. to meet us on the battlefield with that, during times of war, U.S. citizens Though we were not able to remove equal capabilities requires a new para- have no constitutional protections the dangerous and counterproductive digm, the concept of defense in depth. against being treated as a prisoner of provisions contained in Sections 1021, To address asymmetric threats, includ- war. Even if there was broad agreement 1022 and 1023 from the NDAA today, we ing networks of extremists determined about the constitutional protections are not done trying. I will continue to to carry out acts of terrorism, law en- citizens enjoy against extrajudicial work with my colleagues to ensure forcement and the Defense Department killing or indefinite detention, who that we maintain the balance between must work cooperatively to protect will enforce them? Under this bill, that security and liberty. U.S. interests using their respective task would seem to be left to the Presi- The PRESIDING OFFICER. The Sen- strengths in authorities and levels of dent and to the military. Were my life ator from Illinois. response. or liberty at stake, I would want the Mr. DURBIN. Mr. President, I ask Instead of strengthening our ability benefit of an independent judiciary. So, unanimous consent that the time for to confront asymmetric threats, these too, I think would the vast majority of debate on the conference report to ac- unwelcome new authorities reinforce my fellow citizens. company H.R. 1540 be extended until 4 the philosophy that the military is the Mr. President, we are in conflict p.m., with all other provisions of the only preeminent institution of national against terrorists. I do not doubt or previous order remaining in effect; fur- security, with law enforcement rel- dispute that. But this is not the first ther, that at 4 p.m., the Senate proceed egated to a limited support role. That time that has been the case. During the to a vote on the adoption of the con- may have been an appropriate philos- beginning part of the last century, an- ference report; that upon the disposi- ophy for the world in 1961, but it did archists committed a string of bomb- tion of the conference report and H.

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.061 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8655 Con. Res. 92, the Senate resume execu- ends. It also provides our men and enough for many Members of the Sen- tive session and the consideration of women in uniform with a much de- ate. They are still bound and deter- the Christen nomination, as provided served pay increase, which is impera- mined to push more of them into the under the previous order. tive in light of their heroic service and military tribunal system for no good The PRESIDING OFFICER. Without the state of our economy today. reason. These people who have been objection, it is so ordered. I must say, though, there are provi- tried successfully when accused of ter- Mr. DURBIN. Mr. President, with sions within this bill which still con- rorism have been safely incarcerated in this agreement, there will be two votes cern me relative to the treatment and the Federal penitentiaries across at 4 p.m. The first will be on the adop- detention of terrorism suspects. America, including in my home State tion of the Defense authorization con- First, we need to agree on the start- of Illinois at the Marion Federal Pris- ference report and the second vote on ing point, and the starting point should on. Not one suggestion has been made the confirmation of the nomination of be clear on both sides of the aisle. that the communities surrounding Morgan Christen to be U.S. Circuit There are those who threaten the these prisons nor the prisoners them- Judge for the Ninth Circuit. United States, those who would use selves are under any threat. What we Mr. President, I rise today to discuss terrorist tactics to kill innocent peo- have instead is this presumption that the National Defense Authorization ple, as they did on 9/11. We are fortu- isn’t borne by the facts or by our expe- Act conference report now pending be- nate, through the good leadership of rience. fore the Senate. President George W. Bush and Presi- I voted for the Senate version of this I thank my colleague from Colorado, dent Obama, that we have been spared bill with the hope that the Members of Senator UDALL, as well as my colleague another attack since 9/11, but vigilance the Senate and House who were negoti- from California, Senator FEINSTEIN, for is required if we are to continue to ating the final bill would remove some engaging in a spirited and important— keep this country safe. That is a bipar- of the detainee provisions that concern perhaps historic—debate during the tisan mission. It is shared by every me. I want to acknowledge that the consideration of this authorization bill Member of Congress, regardless of their conference committee did make some on the floor of the Senate. I especially political affiliation. positive changes. But I continue to thank Senator FEINSTEIN. It was a We salute the men and women in uni- have serious concerns because provi- pleasure to work with her to insert lan- form, first, for all the work and brav- sions in the bill would limit the flexi- guage which I think moved us closer to ery they have put into that effort, but bility of any President in combatting a position she and I both share con- quickly behind them we will add so terrorism, create uncertainty for law cerning the language in this important many others in our law enforcement enforcement, intelligence, and defense bill. community; for example, those individ- officials regarding how they handle I have the highest respect for the uals at every level—Federal, State and suspected terrorists, and raise serious chairman and the ranking member of local—who are engaged in keeping constitutional concerns. I am especially concerned about sec- this committee, Senators LEVIN and America safe. We salute the executive tion 1022 in the conference report. This MCCAIN, who have worked diligently branch in its entirety, including the provision would, for the first time in and hard on a bill which has become a Department of Homeland Security, the American history, require our military hallmark of congressional activity White House, the National Security to take custody of certain terrorism each and every year, particularly in Advisors, and all of those who have suspects in the United States. Our the Senate. It takes a special effort for made this a successful effort. most senior defense and intelligence of- them to produce an authorization bill The obvious question we have to ask ficials have raised serious concerns of this complexity and challenge. They ourselves is this: If for 10 years we have about this provision. FBI Director Rob- do it without fail and they do it in a bi- been safe as a nation, why is this bill ert Mueller strongly objects to the partisan fashion. changing the way we detain and treat military custody requirement. For For those critics of Congress—and terrorism suspects? those who need reminding, Robert there are many—who look at this bill, I will tell you there has been an on- Mueller served as a Federal judge in you can see the best of the Senate in going effort by several members of this California and was appointed to this terms of the effort and the profes- committee and Senate to change the position as head of the FBI by Repub- sionalism these two gentlemen apply, basic approach to dealing with ter- lican President George W. Bush. He has along with the entire committee, in rorism, to create a presumption that been retained in that office by Demo- bringing this bill to the floor. terrorist suspects would be treated This bill does a number of good cratic President Barack Obama. I be- first subject to military detention and lieve he is a consummate professional things for our troops and for my home their cases then considered before mili- who has dedicated his life, at least in State of Illinois, and I am thankful to tary tribunals. the last 10 years-plus, to keeping the chairman and the ranking member This, in and of itself, is not a bad America safe. I trust his judgment. I for those provisions. There is impor- idea. It could be right, under certain respect his integrity. tant language about public-private circumstances, but it does raise a ques- In a letter to the Senate, Director partnerships regarding the U.S. Army tion: If to this point in time we have Mueller says the bill will ‘‘inhibit our that will have special value at the been able to keep America safe using ability to convince covered arrestees to Rock Island Arsenal, where some of the the Department of Justice, law en- cooperate immediately, and provide most dedicated and competent civilian forcement, and the courts of our land, criminal intelligence.’’ individuals continue to serve this coun- together with military tribunals, why He was asked after the conference re- try’s national security, meeting the are we changing? port whether the changes absolved any highest levels of standards and conduct The record is pretty clear. Since 9/11, of his concerns, and he said he was still and performance. They will have a more than 400 terrorism suspects have concerned. I will go to that in a mo- chance to continue to do that work, been successfully prosecuted in the ment. Director Mueller concluded that and it is important they continue to courts of America. These are individ- the provision I am raising ‘‘introduces have that chance in this weak economy uals who have been subjected to FBI a substantial element of uncertainty as when so many people are struggling to investigation, they have been read to what procedures are to be followed find jobs. their Miranda rights, they have been in the course of a terrorism investiga- The legislation provides the Chief of tried in our courts in the same manner tion in the United States.’’ the National Guard with an equal seat as those accused of crimes are tried Considering the source of this con- at the table with the Joint Chiefs of every single day, and they have been cern, the Director of the Federal Bu- Staff to ensure the needs of our brave found guilty—400 of them—during the reau of Investigation who has been re- Army and Air National Guard per- same interval that 6—6—have been sponsible ultimately for the successful sonnel are heard at the highest levels. tried by military tribunals. prosecution of 400 suspected terrorists, It makes it easier for reserve units to Overwhelmingly, our criminal court we should take his concerns to heart. access mental health services by pro- system has been successful in keeping The Justice Department, which then viding that access during drill week- America safe, but that is not good prosecutes terrorism suspects, shares

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.047 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8656 CONGRESSIONAL RECORD — SENATE December 15, 2011 Director Mueller’s concerns. Here is That, in and of itself, should give tion provides clearly that the govern- what they said: pause to every member of the Senate. ment may not construct or modify any Rather than provide new tools and flexi- When we consider this objection from facility in the United States for the bility for FBI operators and our intelligence the Director of the Federal Bureau of purpose of holding a Guantanamo Bay professionals, this legislation creates new Investigation, the lead official charged detainee. procedures and paperwork for FBI agents, in- with combatting terrorism in the Let me bring this closer to home. We telligence lawyers and counter-terrorism United States, shouldn’t we take Direc- have offered for sale in the State of Il- prosecutors who have conducted hundreds of tor Mueller’s concerns to heart? Do we successful terrorism investigations and pre- linois a prison built by our State that vented numerous attacks inside this country want the FBI to have uncertainty the has not been used or opened in its en- over the past decade. next time they stop and detain a sus- tirety. The Federal Bureau of Prisons The supporters of this legislation pected terrorist in the United States? has stated they are interested in pur- I want to address another provision, have responded to these concerns by chasing it because of the overcrowded section 1021. I was very concerned that pointing to the fact that the bill allows conditions in many Federal prisons. We the original version of the legislation the Secretary of Defense to waive the would, of course, like to see that would, for the first time in history, au- military custody requirement. But the done—not just for the revenue that thorize indefinite detention in the Justice Department says the adminis- would come to the State of Illinois but United States. But we have agreed, on trative burdens of obtaining a waiver because it would create jobs in my a bipartisan basis, to include language could hinder ongoing counterterrorism State. in the bill offered by Senator FEINSTEIN operations. Here is how they explained In the course of deliberating it, con- that makes it clear this bill does not it: troversy arose as to whether Guanta- change existing detention authority in namo detainees would be placed in this While the legislation proposes a waiver in any way. What it means is, the Su- certain circumstances to address these con- prison. Initially, the administration cerns, this proposal inserts confusion and bu- preme Court will make the decision said they would, and I supported them. reaucracy when FBI agents and counter-ter- who can and cannot be detained indefi- But ultimately it became clear that rorism prosecutors are making split-second nitely without trial, not the Senate. there was opposition to going forward decisions. In a rapidly developing situation— I believe the Constitution does not with this purchase of the Illinois prison like that involving Najibullah Zazi traveling authorize indefinite detention in the if there was any likelihood Guanta- to New York in September 2009 to bomb the United States. Some of my colleagues namo detainees would be incarcerated subway system—they need to be completely see it differently. They claim the focused on incapacitating the terrorist sus- at this prison. We have now made it Hamdi decision upheld indefinite de- clear—and I wish to make it clear for pect and gathering critical intelligence tention. It didn’t. Hamdi was captured about his plans. the record—that despite my personal in Afghanistan, not in the United The authors of this legislation say views on this issue, I believe the law is States. Justice O’Connor, the author of clear that the Thomson Prison, once they made changes to the military cus- the opinion, carefully stated the Hamdi tody requirement to respond to these under Federal jurisdiction, will not decision was limited to ‘‘individuals house Guantanamo detainees. That has concerns raised by Director Mueller who fought against the United States and the Department of Justice. But in been a stated policy. It is now going to in Afghanistan as part of the Taliban.’’ be a matter of law in this Defense au- my view, these changes don’t go nearly Some of my colleagues also cited the thorization. Regardless of my personal far enough. They continue to create Padilla case, claiming it is a precedent feelings on the subject, it is the gov- uncertainty and impose administrative for the indefinite detention of U.S. citi- erning law, and I will not try to change burdens on our counterterrorism pro- zens captured in the United States. But the situation of Thomson in any way as fessionals whom we depend on to keep look at what happened in the Padilla long as I serve in the Senate when it us safe. case. Padilla is a U.S. citizen who was comes to this important issue. The changes in the legislation do not placed in U.S. custody. The Fourth Cir- change the fundamental premise. They cuit Court of Appeals, one of the most Unfortunately, some of my col- create a presumption that a terrorism conservative in the land, upheld his leagues—whom I disagree with—are de- suspect arrested in the United States military detention. But then, before termined to keep Guantanamo open at should be transferred to military cus- the Supreme Court had the chance to all costs. I disagree. When we consider tody, despite the fact—despite the review the Fourth Circuit’s decision, the expense of detention at Guanta- fact—that the Federal Bureau of Inves- George W. Bush’s administration trans- namo and the reputation of that facil- tigation has kept America safe since ferred him out of military custody, ity, I believe the President was right, 9/11. prosecuting him in an article III crimi- initially, when he talked about the fact I am not alone in my feelings. This nal court. To this day, the Supreme that we needed to, at some point, bring morning, an editorial in the Wash- Court has never ruled on the question detention at Guantanamo to a close. ington Post said: of whether it is constitutional to in- My feelings are not only shared by the [These provisions]—while less extreme— definitely detain a U.S. citizen cap- President but also by GEN Colin Pow- are still unnecessary and unwise. . . . tured in the United States. That deci- ell; former Republican Secretaries of [L]awmakers have . . . introduced confusion sion must be decided by the Supreme State James Baker, Henry Kissinger, in the form of directives that threaten to Court, not by the Senate, thanks to the and Condoleezza Rice; former Defense bollix up law enforcement and military per- Secretary Robert Gates; ADM Mike sonnel when they most need to be decisive. Feinstein amendment. I support the inclusion of the Fein- Mullen; and, GEN David Petraeus. Why in the world would we create un- stein amendment in this bill. I con- There is great irony here. For 8 long certainty and bureaucracy when, with tinue to believe there is no need for years during the previous Republican every second that ticks away, Amer- this provision overall and that it administration, Republicans on the ican lives can be in danger? floor argued time and again that it was Just yesterday in the Senate Judici- should have been removed. I also continue to oppose provisions inappropriate—some said even uncon- ary Committee, FBI Director Robert in the conference report that limit the stitutional—for Congress to ask basic Mueller testified he is still deeply con- administration’s ability to close the questions about the Bush administra- cerned about section 1022, despite the Guantanamo Bay detention facility. tion’s policies on issues such as Iraq, changes made in this conference re- Section 1027 of this legislation provides torture, waterboarding, and port. Here is what Director Mueller that no detainee held at Guantanamo warrantless wiretapping. Time and said: can be transferred to the United States again, we were told Congress should Given the statute the way it is now, it does even for the purpose of holding him in- defer to President Bush, our Com- not give me a clear path to certainty as to carcerated for the rest of his life in a mander in Chief. Let me give one ex- what is going to happen when arrests are ample. made in a particular case. The possibility Federal supermaximum security facil- looms that we will lose opportunities to ob- ity. My friend Senator LINDSEY GRAHAM tain cooperation from the persons in the past There is absolutely no reason for this of South Carolina, on September 19, that we’ve been fairly successful in gaining. prohibition. Section 1026 of this legisla- 2007, said:

VerDate Mar 15 2010 06:55 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.080 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8657

The last thing we need in any war is to FEDERAL BUREAU OF INVESTIGATION Year 2012. If you have any questions or would have the ability of 535 people who are wor- AGENTS ASSOCIATION, like to discuss the FBIAA’s views on this ried about the next election to be able to Arlington, VA, December 7, 2011. issue, please do not hesitate to contact me. micromanage how you fight the war. This is Hon. CARL LEVIN, Sincerely, not only micromanagement, this is a con- Chairman, Senate Armed Services Committee, KONRAD MOTYKA, Washington, DC. President. stitutional shift of power. Hon. JOHN MCCAIN, Mr. DURBIN. Mr. President, I have a With a Democratic President, obvi- Ranking Member, Senate Armed Services Com- press report that was released today mittee, Washington, DC. ously some of my colleagues have had relative to the testimony of Director Hon. HOWARD P. MCKEON, a change of heart. They think it is not Chairman, House Armed Services Committee, Robert Mueller of the FBI, which I ref- only appropriate but urgent for Con- Washington, DC. erenced in my speech. So that his gress to limit this President’s author- Hon. ADAM SMITH, statement will be reported more fully ity to combat terrorism, despite the Ranking Member, House Armed Services Com- at this point, I ask unanimous consent mittee, Washington, DC. success we have had since 9/11 under to have printed in the RECORD the press DEAR CHAIRMEN AND RANKING MEMBERS: On report from Politico. President Bush and President Obama behalf of the more than 12,000 active duty There being no objection, the mate- and retired FBI Agents who are members of keeping America safe. This is a clear rial was ordered to be printed in the political double standard. It is unneces- the FBI Agents Association (‘‘FBIAA’’), I write today to express our concerns about RECORD, as follows: sary. Look at the track record. Section 1032 of S. 1867, the National Defense [From www.politico.com, Dec. 14, 2011] Since 9/11, our counterterrorism pro- Authorization Act for Fiscal Year 2012. Sec- ON NATIONAL DEFENSE AUTHORIZATION ACT, fessionals have prevented another at- tion 1032 requires that persons detained in ROBERT MUELLER NOT SATISFIED connection with incidents of terrorism be (By Josh Gerstein) tack on the United States, and more held in military custody and leaves critical than 400 terrorists have successfully operational details unresolved. Like many in FBI Director Robert Mueller said Wednes- been prosecuted and convicted in Fed- the federal law enforcement and intelligence day said he remains concerned that a defense bill containing provisions about military eral courts. Here are just a few of communities, the FBIAA is concerned that this language undermines the ability of our custody for terrorism suspects could inter- them: Umar Faruk Abdulmutallab, the counterterrorism experts to conduct effec- fere with the FBI’s ability to investigate ter- Underwear Bomber; Ramzi Yousef, the tive investigations, Accordingly, we urge the rorist incidents and interrogate those be- mastermind of the 1993 World Trade conferees working to reconcile H.R. 1540 and lieved responsible. On Monday, a House-Senate conference Center bombing; Omar Abdel-Rahman, S. 1867 through the conference process to re- ject Section 1032. committee announced a revised version of the so-called Blind Sheik; the 20th 9/11 Section 1032 establishes a presumption for the National Defense Authorization Act that hijacker, Zacarias Moussaoui; and military custody for individuals detained in lawmakers said addressed many of the con- Richard Reid, the Shoe Bomber—all connection with acts of terrorism against cerns that led White House officials to prosecuted in the criminal courts of the United States. While Section 1032 in- threaten a veto. However, at a Senate Judi- cludes some exceptions and waivers to the ciary Committee hearing Wednesday morn- this land successfully and safely incar- military custody requirement, they are lim- ing, Mueller said he remains worried about cerated in our Federal prisons. Some- ited in scope and could create additional lay- aspects of the bill. thing which many on the other side ers of bureaucracy at critical points in our ‘‘The drafters of the statute went some dis- refuse to acknowledge, and argue is im- investigations. Injecting this level of uncer- tance to resolving the issue related to our tainty and delay into terrorism investiga- authority but the language did not really possible, has, in fact, happened over tions could undermine law enforcement ef- fully address my concerns. . . .’’ Mueller said and over again over 400 times. fectiveness. To truly fight terrorism, all of during questioning by Sen. Dianne Feinstein Why do we want to change this sys- the nation’s law enforcement assets should (D-Calif.), who opposes the detainee-related be deployed and enabled to act nimbly. This language in the bill. ‘‘I was satisfied with tem when it is working so well to keep can only be accomplished if our laws pre- part of it with regard to the authority, I still America safe? serve flexibility and prevent unnecessary bu- have concerns and uncertainties that are The fact that these detainee provi- reaucracy from hampering law enforcement raised by the statute.’’ activities. Mueller said he fears that the legislation sions have caused so many disagree- As part of the nation’s counterterrorism would muddle the roles of the FBI and the ments and such heated debate dem- strategy, FBI Agents work in the United military. onstrates the danger of enacting them States and abroad as an integral part of the The bill ‘‘talks about not interrupting in- into law. We shouldn’t impose this intelligence-gathering and interrogation terrogations, which is good but gaining co- process. These interrogations are often in- operation is something different than con- kind of uncertainty on law enforce- strumental in obtaining information that is tinuing an interrogation,’’ Mueller said. ‘‘My ment, defense, and intelligence who are essential to efforts to thwart subsequent concern is that . . . you don’t want to have working to protect America. We should acts of terror. The interrogation of detained FBI and military showing up at the scene at not limit the flexibility of the adminis- persons, however, must be adapted to each the same time on a covered person (under tration to respond to suspected terror- specific individual and circumstance in order the law], or with a covered person there may to be effective. Obtaining cooperation or in- be some uncovered persons there, with some ists in the most effective way, and we formation requires a mix of patience, lever- uncertainty as to who has the role and who’s should not raise serious constitutional age, and relationship-building that is incon- going to do what.’’ questions by requiring the military to sistent with the language in Section 1032, Mueller said later that he worries confu- detain people in the United States. which under a presumption of military cus- sion caused by the legislation could affect tody would require a waiver early in the the FBI’s ability to build rapport with sus- I have a letter from the Agents Asso- process. FBI Agents already work closely pects. ciation of the Federal Bureau of Inves- with the military and prosecutors to conduct ‘‘Given the statute the way it is now, it tigation, dated December 7, 2011, rais- effective investigations, and interjecting a does not give me a clear path to certainty as requirement to obtain waivers from the Sec- to what is going to happen when arrests are ing many of the same issues which I retary of Defense, while well-intentioned, made in a particular case. And the facts are have raised. I will say we contacted the risks delays and miscommunications that gray as they often are at that point,’’ the Agents Association after the con- would not serve the goal of conducting effec- FBI director said under questioning by Sen. ference and asked them their reaction, tive investigations, Chris Coons (D–Del.) ‘‘The possibility looms The FBIAA shares the goal of enacting and that we will lose opportunities to obtain co- and they said they still stood behind adopting policies that protect Americans operation from the persons in the past that their statements of December 7, 2011. I from terrorism, and we appreciate the dif- we’ve been fairly successful in gaining.’’ ask unanimous consent to have printed ficult task before the conferees working to Backers of the defense bill say it will im- in the RECORD this letter. reconcile H.R. 1540 and S. 1867. To this end, prove intelligence collection by making we urge the rejection of any language that military custody the default for certain ter- There being no objection, the mate- risks unnecessarily limiting the flexibility rorism suspects. President Barack Obama rial was ordered to be printed in the that is essential to adapting our investiga- has established civilian custody and courts RECORD, as follows: tions to the circumstances of each investiga- as the default for terrorism cases, with the tion. In the interest of national security, option to direct them to military commis- please reject Section 1032 in the final Na- sions when the Justice and Defense depart- tional Defense Authorization Act for Fiscal ments deem it appropriate.

VerDate Mar 15 2010 06:55 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.081 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8658 CONGRESSIONAL RECORD — SENATE December 15, 2011 Since the conference bill was unveiled That is what this legislation would ac- And the Due Process Guarantee Act Monday, the White House has been mute complish, so I look forward to working will clarify that citizens and lawful about whether the changes to the bill are with my colleagues, especially Chair- permanents cannot be detained with- enough to win Obama’s signature or whether man LEAHY on the Judiciary Com- out charge or trial if they are appre- he plans to carry through with the veto threat. mittee, to move this bill forward. hended domestically. I note the Senator from Illinois, Sen- I interpret current law to permit the Mr. DURBIN. I yield the floor. ator KIRK, is on the floor of the Senate detention of U.S. citizens as ‘‘enemy The PRESIDING OFFICER. The Sen- to speak about this bill as well. combatants,’’ consistent with the laws ator from California is recognized. Our current approach to handling of war, only in the very narrow cir- Mrs. FEINSTEIN. Mr. President, I these suspects in Federal criminal cumstance of a citizen who has taken thank the Senator from Illinois for his courts has produced a strong record of an active part in hostilities against the very eloquent remarks; also, the Sen- success since the 9/11 attacks. We United States and is captured outside ator from Colorado, Mr. UDALL, whom I would be wise to follow the saying, ‘‘If the United States in an area of ‘‘active had the pleasure of hearing from my of- it ain’t broke, don’t fix it.’’ combat operations,’’ such as the battle- fice. I think they have encapsulated Our system is not broken. We thwart- fields of Afghanistan. This was the Su- the situation we find ourselves in very ed attempted terrorist acts. We have preme Court’s narrow holding in Hamdi well. captured terrorists, interrogated them, v. Rumsfeld in 2004. Mr. President, I wish to follow up on retrieved actionable intelligence from I am sorry to say that Hamdi has the detention authorities in the De- them, prosecuted them, and locked been mischaracterized in this body. fense Authorization bill and announce them up for lengthy sentences—in Whether Congress should grant the that today I am introducing legislation most cases for the rest of their lives. President more expansive powers of de- to clearly state that citizens appre- Both Senator UDALL and Senator tention or act to curtail the powers hended in the United States shall not DURBIN pointed out Director Mueller’s identified by the Supreme Court in be indefinitely detained by the mili- testimony before the Judiciary Com- Hamdi is a question that Congress will tary. mittee yesterday. This is relevant be- continue to debate in the future. And This new legislation is called the Due cause it had been said that the Direc- we introduced the Due Process Guar- Process Guarantee Act of 2011. I am tor of the FBI was satisfied with the antee Act to help clarify current law: joined by Senator LEAHY, the chairman language of the conference report of that citizens and lawful permanents of the Judiciary Committee, to which the Defense authorization bill. When cannot be detained without charge or this bill will go, Senator LEE, a mem- Director Mueller was asked the ques- trial if they are apprehended domesti- ber of that committee, Senator KIRK, tion yesterday, Are you satisfied with cally. Senator MARK UDALL, Senator PAUL, the language, in so many words, he I would like to point out the errors in Senator COONS, and Senator GILLI- said, not quite. To quote him, Director the legal analysis by those who would BRAND. I thank them for being original Mueller said: interpret current law, or this Defense cosponsors of this bipartisan legisla- Given the statute the way it is now, it Authorization Act, to authorize the in- tion. doesn’t give me a clear path to certainty as definite detention of U.S. citizens with- In sum, the Due Process Guarantee to what is going to happen when arrests are out charge or trial, irrespective of Act we are introducing will add to an- made in a particular case. where they are captured or under what other major law called the Non-Deten- He warned: circumstances. tion Act of 1971, which clearly stated: The possibility looms that we will lose op- Let’s turn to the Supreme Court’s No citizen shall be imprisoned or otherwise portunities to obtain cooperation from the 2004 opinion in Hamdi v. Rumsfeld, detained by the United States except pursu- persons in the past that we’ve been fairly which has been incorrectly cited by successful in gaining. ant to an act of Congress. others for the proposition that the 2001 I am concerned about how these pro- The new legislation we intend to in- AUMF permits indefinite detention of visions will be implemented once they troduce will amend this Non-Detention American citizens regardless of where are enacted into law, so I will be Act to provide clearly that no military they are captured. watching carefully to ensure that they authorization authorizes the indefinite Hamdi involved a U.S. citizen, Yaser do not jeopardize our national security. detention without charge or trial of Esam Hamdi, who took up arms on be- Finally, I want to explain, as the U.S. citizens who are apprehended do- half of the Taliban and was captured on sponsor of the Feinstein compromise mestically. It also codifies a ‘‘clear the battlefield in Afghanistan and amendment, No. 1456, that the Defense statement rule’’ that requires Congress turned over to U.S. forces. The Su- authorization bill should not be read to to expressly authorize detention au- preme Court’s opinion in that case was authorize indefinite detention of U.S. thority when it comes to U.S. citizens a muddled decision by a four-vote plu- citizens captured inside the United and lawful permanent residents for all rality that recognized the power of the States or abroad, lawful resident aliens military authorizations and similar au- government to detain U.S. citizens cap- of the United States captured inside thorities. tured in such circumstances as ‘‘enemy our country or abroad, or any other We cannot limit the actions of future combatants’’ for some period, but oth- persons who are captured or arrested in Congresses, but we can provide that if erwise repudiated the government’s the United States. broad assertions of executive authority they intend to limit the fundamental On page 655 of the conference report, to detain citizens without charge or rights of U.S. citizens, they must say the compromise amendment, No. 1456, so clearly and explicitly. trial. that passed the Senate by a vote of 99 In particular, the Court limited its I am very pleased to add that Sen- to 1, reads this way, and this is in the ator DURBIN will also cosponsor this holding to citizens captured in an area conference report of the Defense au- of ‘‘active combat operations’’ and con- legislation. thorization bill: Lawful permanent residents are in- cluded that even in those cir- Nothing in this section shall be construed cluded in this bill we will introduce be- cumstances, the U.S. Constitution and to affect existing law or authorities relating the due process clause guarantees U.S. cause they have the same due process to the detention of United States citizens, or protections as citizens under the Con- lawful resident aliens of the United States, citizens certain rights, including the stitution. In this bill, the protections or any other persons who are captured or ar- ability to challenge their enemy com- for citizens and lawful permanent resi- rested in the United States. batant status before an impartial dents is limited to those ‘‘apprehended What does this mean? This means we judge. The plurality’s opinion stated: in the United States,’’ excluding citi- have agreed to preserve current law for It [the Government] has made clear, how- zens who take up arms against the the three groups specified, as inter- ever, for the purposes of this case, the United States on a foreign battlefield. preted by our Federal courts, and to ‘‘enemy combatant’’ that it [the Govern- ment] is seeking to detain is an individual I strongly believe constitutional due leave to the courts the difficult ques- who, it alleges, was ‘‘part of or supporting process requires that U.S. citizens ap- tions of who may be detained by the forces hostile to the United States or coali- prehended in the United States should military, for how long, and under what tion partners’’ in Afghanistan, and who ‘‘en- never be held in indefinite detention. circumstances. gaged in an armed conflict against the

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.024 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8659 United States’’ there. Brief for Respondents Padilla’s case, but its analysis turned his detention, Padilla was ultimately 3. entirely on disputed claims that transferred out of military custody and That was all a quote from the plu- ‘‘Padilla associated with forces hostile tried and convicted in a civilian court. rality opinion, and it continues: to the U.S. Government in Afghani- Padilla, a U.S. citizen, was arrested We therefore answer only the narrow ques- stan’’ and, ‘‘like Hamdi,’’ and this is a in Chicago on May 8, 2002 on suspicion tion before us: whether the detention of citi- quote, ‘‘Padilla took up arms against of plotting a dirty bomb attack in the zens falling within that definition is author- United States forces in that country in United States. He was initially de- ized. the same way and to the same extent tained pursuant to a material witness The opinion goes on to say at page as did Hamdi.’’ warrant based on the 9/11 terrorist at- 517: To help resolve this apparent dispute tacks. We conclude that the AUMF is explicit between the circuits, I believe we need On June 9, 2002, two days before a congressional authorization for the deten- to pass the Due Process Guarantee Act Federal judge was to rule on the valid- tion of individuals— that my cosponsors and I are intro- ity of continuing to hold Padilla under And here it is— ducing today. the material witness warrant, Presi- in the narrow category we describe. . . . And I would like to add Senator BILL NEL- dent Bush designated him an ‘‘enemy the narrow category they describe is one who SON of Florida as a cosponsor. combatant’’ and transferred him to a is part of forces hostile to the U.S. on the The PRESIDING OFFICER (Mrs. military prison in South Carolina for battlefield of Afghanistan. Indeed, the plu- MCCASKILL). Without objection, it is so detention pursuant to the law of war rality later emphasized that it was dis- ordered. without charge or trial. cussing a citizen captured on the battlefield. Mrs. FEINSTEIN. This is important. Padilla subsequently filed a petition In responding to Justice Scalia’s dissenting We spent about half a day on this floor for a writ of habeas corpus in Federal opinion, the plurality opinion says: discussing this with Senator LEVIN, Justice Scalia largely ignores the context court challenging the legality of his with Senator MCCAIN, in the cloak- of this case: a United States citizen captured continued detention and an extended in a foreign combat zone. room with Senators LEE and PAUL, as series of appeals ensued. well as with a whole host of staff both Facing an impending Supreme Court The plurality italicized and empha- from the Armed Services Committee as sized the word ‘‘foreign’’ in that sen- challenge and mounting public criti- well as the Intelligence and Judiciary cism for holding a U.S. citizen arrested tence. Committees. Here is the conclusion: I, Thus, to the extent the Hamdi case inside the U.S. as an enemy combatant, and many of my colleagues and legal permits the government to detain a President Bush ordered Padilla trans- scholars, believe neither the AUMF nor ferred to civilian custody to face crimi- U.S. citizen until the end of hostilities, the provisions of the National Defense it does so only under a very limited set nal conspiracy and material support Authorization Act that we are consid- for terrorism charges in Federal court. of circumstances; namely, citizens tak- ering today constitute such an express ing an active part in hostilities who The criminal charges against Padilla authorization to detain American citi- were not, however, related to Padilla’s are captured in Afghanistan and who zens. are afforded certain due process protec- alleged involvement in a dirty bomb As I previously mentioned, I spon- plot, which had been the basis for his tions, at a minimum. sored compromise amendment No. 1456 It is also worth noting that amid lin- prior detention as an enemy combat- to the Defense bill when it passed the ant. gering legal uncertainty regarding Senate and that amendment has now whether the government had the au- Padilla was subsequently convicted become section 1021(e) of the con- and sentenced to 17 years in prison. thority to detain Hamdi, the Govern- ference report specifically to prevent ment—this was the Bush administra- That 17-year sentence has since been misrepresentations from providing vacated and is under reconsideration. tion—saw this and released Hamdi to Congressional intent to support the de- Saudi Arabia on the condition that he Thus, the Padilla case is at best incon- tention of Americans. clusive as to the President’s authority relinquish his U.S. citizenship. Ex parte Quirin is a 1942 Supreme As a result, I don’t regard the Su- to detain a citizen captured inside the Court case that upheld the jurisdiction United States as an ‘‘enemy combat- preme Court’s decision in Hamdi as of a U.S. military tribunal that tried ant.’’ More likely, it evidences the providing any compelling support for several German saboteurs captured in- folly of such overreaching assertions of broad assertions of legal authority to side the United States during World detain U.S. citizens without trial. Cer- Executive power. War II and brought to stand trial be- Despite my longstanding opposition tainly, the case provides no support for fore the hastily convened military tri- to the detention provisions in this bill, the indefinite detention of citizens cap- bunal. I will be voting yes on this important tured inside the United States. One of the saboteurs, Herbert Hans legislation. The main reason I support Let me go back to something. In 1971, Haupt, was a U.S. citizen. However, the the defense authorization bill is be- the Congress passed, and Richard question at issue in Quirin was not cause it ensures our troops deployed Nixon signed into law, a Non-Detention whether a U.S. citizen captured inside around the world—especially those in Act to preclude this very possibility. the United States could be held indefi- Afghanistan—have the equipment, re- That act was intended in large measure nitely under the laws of war without sources, and training they need to de- to put the wrongs of Japanese intern- trial, but rather, whether such an indi- fend this Nation. ment during World War right. It pro- vidual could be held in detention for a I wish to sum up by quoting Justice vides simply: matter of weeks pending trial by mili- Sandra Day O’Connor, writing for the No citizen shall be imprisoned or otherwise tary commission. plurality in Hamdi. Here is what she detained by the United States except pursu- Haupt was, in fact, tried, convicted wrote: ant to an act of Congress. and sentenced to death within weeks As critical as the Government’s interest I very much agree with the Second after his capture. Moreover, the Quirin may be in detaining those who actually pose Circuit Court of Appeals, which held in opinion predates the Geneva Conven- an immediate threat to the national security the case of Padilla v. Rumsfeld that: tions, a milestone of rather substantial of the United States during ongoing inter- [W]e conclude that clear congressional au- significance in the development of the national conflict, history and common sense thorization is required for detentions of law of war, and the decision also pre- teach us that an unchecked system of deten- American citizens on American soil because dates the Non-Detention Act of 1971. tion carries the potential to become a means . . . the Non-Detention Act . . . prohibits As Justice Scalia said in his dissent for oppression and abuse of others who do such detentions absent specific congressional in Hamdi: ‘‘[Quirin] was not [the Su- not present that sort of threat. authorization. preme] Court’s finest hour.’’ This is what Senator KIRK, Senator The Second Circuit went on to say The only recent case of a U.S. citizen LEE, Senator PAUL, and those of us on that the 2001 AUMF ‘‘is not such an au- captured inside the United States and the Democratic side who have worked thorization and no exception to [the held as an enemy combatant under the on this truly believe. What about the Non-Detention Act] otherwise exists.’’ law of war is that of Jose Padilla. person captured on the corner who The Fourth Circuit came to a dif- However, amid considerable legal looks a certain way, who gets picked ferent conclusion when it took up controversy regarding the legality of up and put into detention? Does that

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If you forcement, which, quite properly, is guarantee bill. read the Constitution—and I would not under the administration of the I wish to defer to the distinguished urge all Members in this battle to Pentagon but is instead under the ad- Senator from Illinois, Senator KIRK. reread it; it is only 5,000 words long— ministration of the Department of Jus- The PRESIDING OFFICER. The Sen- you will see that the rights provided tice. We have a vast array of State and ator from Illinois. are without qualification and are part local law enforcement all dedicated to Mr. KIRK. Madam President, I wish of your birthright. protecting the United States but, most to rise in support of the Feinstein- What is the first thing a U.S. Sen- importantly, to uphold the very oaths Leahy-Lee legislation. We are taking ator, a Member of Congress, or the they also take in their first minute as up the Defense authorization bill with President does? They swear an oath to law enforcement officers to protect the the controversial provisions in it, the Constitution of the United States. U.S. Constitution. somewhat protected already by the What is the first act any American or So on this day that we pass the Feinstein language. But this legisla- resident alien joining the U.S. military NDAA, which has a murky provision tion locks in a fundamental truth that does? They don’t swear allegiance to a regarding this—somewhat protected by I think is important for our country, President or a leader or a territory; the Feinstein legislation—it is very and that is as a U.S. citizen inside the they swear allegiance to the U.S. Con- important for us then to rally behind territory of the United States, you stitution, and that is the mission the further legislative protections have inalienable rights under our Dec- which they are undertaking to protect. here. I think this is strong, bipartisan laration of Independence. We are pro- We see a number of cases cited—as I legislation. I commend Senator FEIN- tected pursuant to the U.S. Constitu- noted, Ex parte Quirin, the German STEIN, Chairman LEAHY, and Senator tion. spy, or U.S. nationals who landed in LEE for bringing it forward. No. 1, this Our Constitution says all crimes, and Long Island and were summarily exe- will help protect the U.S. military prosecution thereof, shall be pursuant cuted under U.S. military justice. I from missions that it should not under- to a grand jury indictment. There is no would say at least they were part of a take. No. 2, we will make sure there is exception in the Constitution for that. foreign military and trained in that clear delineation between the Depart- The Constitution grants a U.S. citizen mission and trying to carry out that ment of Justice, Homeland Security, a trial in the State in which the crime mission when that rough justice was and its whole panoply of agencies, and was committed, I think clearly envi- put in place. our military, which protects our rights sioning a civilian trial. We, as Ameri- With regard to Jose Padilla, he was a from threat overseas. But, most impor- cans, have a right to a speedy trial, not U.S. citizen—sometimes when I was at tantly, No. 3, to defend the U.S. Con- indefinite detention. the State Department, people would stitution, your birthright as an Amer- We as Americans have a right to a ask me who our Ambassador to Puerto ican citizen to have these rights to jury of our peers, which I would argue Rico was. Puerto Rico is part of the make sure we do not subject any U.S. is not enlisted or military personnel United States. He was a full member of citizen apprehended inside the United sitting in a jury. You cannot search the country, with U.S. citizenship. He States to indefinite detention under our persons or our places of business or was arrested at O’Hare Airport, but U.S. military authority, knowing they homes without probable cause under pursuant to executive action was im- have inalienable birthrights that were the Bill of Rights. You cannot be de- mediately taken into military custody granted to them by the U.S. Constitu- prived of your freedom or your prop- and held in a brig. I regard all of his tion. erty without due process of law, and constitutional rights were then vio- With that, I commend the Chair. that, I would say, is not indefinite de- lated. In the subsequent litigation, I Mr. KIRK. I suggest the absence of a tention. All due process guarantees think eventually the Bush administra- quorum. under law are granted to you by the tion realized they were about to lose The PRESIDING OFFICER. The 14th amendment. I would actually this case, which is why they kicked clerk will call the roll. argue that no statute and no Senate him back into civilian court. The assistant bill clerk proceeded to and no House can take these rights In the Hamdi case, which is so often call the roll. away from you. cited, even there we at least had a for- Mr. KIRK. Madam President, I ask It is very important to pass this leg- eign connection, foreign training as unanimous consent that the order for islation to prevent needless litigation part of another battlefield. What we the quorum call be rescinded. against constitutional rights, which I are talking about here is very narrow, The PRESIDING OFFICER. The Sen- regard already as your birthright as an to make sure at the very least that ator from Illinois. American citizen. It is very important you, as a U.S. citizen in U.S. territory, Mr. KIRK. Madam President, we have to talk about what the Feinstein legis- are not going to be subjected to indefi- two other provisions that are in the lation does and does not do. I think it nite military detention and military National Defense Authorization Act is very narrowly crafted to defend the justice, that all of your constitutional that I want to briefly mention. rights of American citizens and resi- rights are adhered to. First, we have a modified Brooks dent aliens inside the United States. I would simply ask this—also as a re- amendment in the conference report We agree that aliens who are engaged serve naval officer—what U.S. military that says if there is any plan to deliver or captured on foreign battlefields can officer wants the duty to roll in, for ex- classified missile defense data to the be subjected to rough justice, battle- ample, to Peoria, IL, and arrest an Russians, the administration has to field outcomes, or detention and pros- American citizen for actions that cit- have a 60-day clock expire and then ecution by the U.S. military. izen has only done in the United certify to the Congress that none of We even agree that a U.S. citizen States, not connected to a foreign mili- this data could end up in the hands of such as Anwar al-Awlaki, who took up tary or training, and then to put that third parties, particularly the Iranians arms against the United States from person through military detention and or Syrians. I wish to put the adminis- his terrorist base, Yemen, is then the justice? I would say for the long-term tration on notice that that certifi- proper subject of U.S. military action, interest of the U.S. military and to cation probably cannot be made. and he received that proper attention. protect the U.S. military, we do not Dmitry Rogozin, the lead negotiator on Illegal aliens, even inside the United want to give that mission to our the missile defense for their govern- States—we are not engaging on that Armed Forces. A point of common ment, has a close and continuing rela- subject. If they are part of jihad or sense should prevail here as well. tionship with Iran. He is going to Iran other warfare against the United We spend billions of dollars on the next month. When we see the intel- States, they can be subjected to mili- Department of Homeland Security, ligence sharing and cooperation on

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.086 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8661 missiles and on other weaponry, but es- was sentenced to 90 lashes, later sus- We have to ask ourselves: The events pecially discussions about a second nu- pended, for simply appearing in an Aus- of 9/11, were they acts of war or were clear reactor in Iran, I think we should tralian film without a head dress. they a crime against our country? I all realize that any classified data on The time for action on Iran is now. firmly believe we are at war with mem- U.S. missile defense going to the Rus- With the passage of the National De- bers of al-Qaida; that what happened sians would be given to the Iranians. fense Authorization Act and the signa- on September 11 was an attack against Remember, in missile combat be- ture that we now expect from the the United States of America. Innocent tween enemies of the United States and President, a set of clocks begins, 60- Americans were killed not because of ourselves, everything would be over po- and 180-day clocks. I will be teaming what they did but because of what we tentially in a matter of hours. If the with Senator MENENDEZ and others—in believe in and what we stand for as a Russians accomplish by diplomacy fact, with the entire U.S. Senate that country. what they have failed to do by espio- supported this—to make sure we have So when I hear some of my col- nage, which is getting critical details the toughest action possible to collapse leagues suggest there are problems of U.S. missile defense, and especially the Central Bank of Iran, which the with the detainee compromise that was missile defenses of Poland and other Treasury Department noted is the cen- achieved on a bipartisan basis in this key allies, we give only a few minutes tral money launderer for that govern- body—because we have basically said, to a few hours to the U.S. commander ment to support terror and nuclear if a foreign member of al-Qaida comes to be able to diagnose the problem, un- proliferation. to the United States of America, seeks derstand how he has been penetrated or With that, I yield the floor. Actually, to commit another 9/11 against us, fooled, and to correct that. I think that I yield to my colleague from New seeks to attack our country or its citi- weakens the defenses of the United Hampshire. zens, that the presumption will be mili- States significantly. The PRESIDING OFFICER. The Sen- tary custody. That those provisions are I had a hold on the nominee for the ator from New Hampshire. misguided in some way deeply troubles U.S. Ambassador to Moscow, Michael Ms. AYOTTE. Madam President, I me. If this wasn’t an act of war, then I McFaul. Because of the passage of the rise today in support of the National don’t know what is. We need to make modified Brooks amendment and a Defense Authorization Act. In par- sure we treat enemies of our country written letter of assurances given to ticular, I wish to speak briefly about for who they are and make sure they me by the administration, I have now the detainee provisions contained in are not read their Miranda rights. lifted that hold. I will be supporting his the conference report. So in this bipartisan compromise we nomination also because he will be I have spoken many times over the said there is a category of individuals— good in working with the opposition last few months about this issue, but members of al-Qaida or associated and human rights communities in Rus- due to the importance of these issues— groups—who want to come to America sia. and I think because of some of the un- to attack us or our allies and for But I think everyone is now on no- fortunate mischaracterizations we whom, yes, there is a presumption of tice that we should not move forward have heard about the bipartisan com- military custody. That way they don’t with any plan to provide classified mis- promise that passed this body already have to be read their Miranda rights or sile defense data to Russia because it overwhelmingly and came out of the be provided the rights of our civilian will be shared with the Islamic Repub- Armed Services Committee overwhelm- system. lic of Iran, and that is one of the prin- ingly—I wanted to come to the floor to We also address the administration’s cipal threats for which the U.S. and make some closing points on this. concerns by giving them a national se- curity waiver, by allowing our law en- NATO missile defenses are arrayed I would like to start with this propo- forcement officials the flexibility to against. sition: No member of al-Qaida, no ter- A second provision which is in the rorist, should ever hear the words ‘‘you come up with the procedures on how to National Defense Authorization Act have the right to remain silent.’’ That implement the provisions of this bill. I wish to address what I heard from concerns Iran itself. Senator MENENDEZ fundamental principle is at the heart of FBI Director Mueller yesterday, just to and I teamed up on an amendment that the issue we confronted in the Armed be clear on the record, because yester- also says: If you do business with the Services Committee in addressing the day FBI Director Mueller raised con- Central Bank of Iran, you may not do detainee provisions that are contained cerns about these detention provisions business with the United States. But within the Defense authorization re- saying there is a possibility that looms we provided critical flexibility to the port. The central issue is, how do we that we will lose opportunities to ob- administration. The amendment is not best gather intelligence to protect our tain cooperation from individuals we country from future attacks? imposed for weeks, if not months, and have been able to obtain cooperation It is common sense that if we tell a two critical waivers are put in the from in the past. amendment which say, No. 1, if we find terrorist they have the right to remain Well, I am concerned because when a critical shortage in oil markets be- silent, they may exercise that right. FBI Director Mueller came to a group cause of Iran’s leading role, sanctions What if they do so and they have addi- of us, including the chairman of the could be delayed if not suspended. Also, tional information about future at- Armed Services Committee and Rank- tacks on our country or, as in the case there is a general national security ing Member MCCAIN, he raised oper- waiver put in if something unexpected of the so-called Underwear Bomber— ational concerns about this provision, happens. But, in general, the rule goes which, unfortunately, in my view, has and we said we want to address those forward that we are moving forward on been cited by some of my colleagues as concerns. So in the final conference re- a comprehensive plan to collapse the a success—if that event had been part port there is language that was given Central Bank of Iran. of a series of events such as the events to us by the FBI to address their oper- Despite Secretary Geithner opposing that occurred on 9/11 where we were at- ational concerns. It was included in the Menendez-Kirk amendment, this tacked on our own soil, what would we this bill without a comma changed. body voted 100 to 0 to support that have lost? After 50 minutes, the so- So it makes me concerned when we amendment because we know of the called Christmas Bomber was told he put their language in to address their International Atomic Energy Agency’s had the right to remain silent and he concerns, saying nothing in this sec- report that they may be getting close exercised that right and we did not get tion shall be construed to affect the ex- to having enough fissile material for a to question him again until 5 weeks isting criminal enforcement and na- nuclear weapon. We know of Iran’s sup- later, after law enforcement officials tional security authorities of the Fed- port for Hezbollah and Hamas. We tracked down his parents in another eral Bureau of Investigation or any know of their oppression of minorities, country and convinced him to cooper- other domestic law enforcement agen- especially 330,000 Baha’is, who have ate. That is not a good policy to gather cy with respect to a covered person re- been prohibited from contracting with intelligence to protect our country, gardless of whether such covered per- the Iranian Government. Kids are not and that is at the heart of what we are son is held in military custody. allowed to be in university. We even trying to address on a bipartisan basis So I say to Director Mueller: We put know of one poor Iranian actress who in the Defense authorization bill. your language in directly, and it makes

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.087 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8662 CONGRESSIONAL RECORD — SENATE December 15, 2011 me concerned when I hear, in my view, we think al-Qaida operatives, citizens citizens and tourists alike—is very what are political viewpoints rather or not, are not common criminals. We real. than what is the reality of what is in think they are crazy people, warriors, What this legislation does is it says this bill, which will allow the FBI to bent on our destruction, who would from the Congress’s point of view we continue its work and will allow for us blow themselves up just as quickly as recognize the person who is aligned to hold in military custody those who they would blow you up, and they don’t with al-Qaida is not a common crimi- are seeking to attack our country and care if they blow themselves up. The nal, that we expressly authorize the in- will ensure that Miranda rights do not only reason the Christmas Day Bomber definite detention of someone who has have to be given if that is the best in- didn’t kill a bunch of people is because joined al-Qaida operations. vestigative way to go forward to pro- his shoe didn’t go off. The only reason Why is that important? Don’t you tect our country. the Times Square Bomber didn’t kill a think most Americans, I say to the I see my colleague, the Senator from bunch of people is because the bomb Senator, would be offended if after the South Carolina, on the floor. I wish to didn’t go off. person who went on a rampage in the ask him a question about the bill and If you are an American citizen and Capital to kill American citizens, to the detainee provisions, particularly you want to help al-Qaida kill Ameri- kill people in America, was captured, about the authorization for the use of cans and destroy your own country, we could not question them about: Is military force. I have heard some peo- here is what is coming your way. If you there somebody else coming? We would ple on the floor of the Senate—includ- happen to be listening to this debate, have to say: You have the right to re- ing the Senator from Colorado, the please understand the law as it is today main silent. Here is your lawyer. Senator from Illinois, and the Senator and as it is going to be after this bill is What we should do with that person from California—express concerns passed: We are at war. The authoriza- who went to Pakistan and got about the fact that this bill reaffirms tion to use military force passed by the radicalized and wants to come back the authority of the President of the Congress right after the attacks and kill us all is hold them in military United States to detain an American against this Nation designates al-Qaida custody, as we have done in every citizen who has joined with al-Qaida as a military threat, not a common other war, and find out all we can and who has, as a member of al-Qaida criminal threat, so we apply the law of about future attacks and what they or an associated force, joined arms war. There are two legal systems at know. Because we are not fighting a against our country and sought to kill play: domestic criminal law that well crime; we are fighting a war. That has Americans. serves us as a nation to deal with been the law, according to the Supreme I wish to ask the Senator from South crime—even the worst person, the Court, for decades, and all we are doing Carolina about this provision and why worst child abuser gets a lawyer and is in Congress is saying, statutorily: We it is important for our country. presumed innocent. Believe it or not, recognize the authority of this Presi- Mr. GRAHAM. I thank the Senator war criminals get lawyers and are pre- dent and every other President to hold from New Hampshire who has been a sumed innocent. an enemy combatant for intelligence- great leader on this issue. I am proud of both systems, but the gathering purposes indefinitely, wheth- Let me just tell my colleagues what law enforcement model doesn’t allow er they are captured at home or drives my thinking. I think we are at us to hold someone for a period of time abroad, because that only makes log- war—I don’t think it, I believe it. I to gather intelligence. Under the law ical sense. The idea of criminalizing hope my colleagues believe it too, and enforcement model, once we capture the war and not being able to gather I know America is part of the battle- someone, we have to start reading intelligence will put our country at field because the enemy would like to them their rights and providing them risk. destroy our country. with a lawyer. Under the law of war Let me say this about the system: No If we capture an al-Qaida operative model, we can hold someone who is one can be held as an enemy combatant overseas, does anybody in this body part of the enemy force and gather in- under the law we have constructed suggest that we should give them a telligence. without having their day in Federal lawyer or read them their rights? In This is not the first war where Amer- court. So do not worry about going to World War II, if we had captured a Nazi ican citizens have sided with the a tea party or a moveon.org rally or an soldier overseas and started saying enemy. In the In re Quirin case, a Occupy Wall Street rally and somebody they had the right to remain silent and World War II case where American citi- holding you as a political prisoner we would give them a lawyer, even zens aided Nazi saboteurs, here is what under this law. The only people who though Miranda didn’t exist at the the Court said: There is no bar to the can be held under military custody for time, people would have run us out of Nation holding one of its own citizens an indefinite period are ones who have town. as an enemy combatant. That has been been found to have associated with al- So if we believe we can kill an Amer- the law for decades. Qaida in an overt way, and the govern- ican citizen who has joined al-Qaida— So if it made sense to hold an Amer- ment has to prove that to a Federal the Awlaki case, where the President ican citizen who was helping the Nazis judge. If the Federal judge does not be- of the United States made an executive under military authority because they lieve the government has made their decision under the rule of the law, not were helping a military enemy of the case, the person is released. If the Fed- through a court decision, to target an Nation to gather intelligence, why in eral judge says to the U.S. Govern- American citizen who had aligned the world wouldn’t it make sense to ment: You have convinced me that the themselves with the enemy—then if we hold somebody who has joined with al- person in front of me is cooperating can kill them, which is pretty indefi- Qaida to gather intelligence about the and has joined al-Qaida and is overtly nite, why can’t we capture and hold next attack? engaged in hostilities against the them? Let me give an example of what we United States. I hereby authorize to Now, that would be the dumbest may face. Homegrown terrorism is on you to hold that person to gather intel- thing in the history of the world for a the rise. The Internet is out there. It is ligence, how long can you hold them? nation to say: We all acknowledge the a good thing and a bad thing. But the As long as it takes to make us safe. executive branch’s power to target an idea of people getting radicalized and Here is what the law does. Every American citizen who has aligned turning against their own country is a year, the person being held as an themselves with the enemy. We can growing threat. enemy combatant has an annual review kill them overseas, we can capture So the likelihood in the future of process where the experts in our gov- them overseas, we can interrogate someone getting radicalized—an Amer- ernment look at the threat this person them about what they know about fu- ican citizen here at home going to possesses, whether we have more intel- ture attacks, but when they get here Pakistan, getting educated in one of ligence to be attained, and there is a we have to treat them as a common these extremist madrassas, coming legal process to review ongoing deten- criminal. back home, getting off the plane at tion. I think what we share, I say to the Dulles Airport, coming down to the Here is what some of my colleagues Senator from New Hampshire, is that Mall and starting to shoot American would say: Wait a minute. You cannot

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.054 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8663 do that. We are going to say, as a Mem- would have suggested in 1942 that the said on the floor of the Senate: We re- ber of Congress, that at an artificial American citizen helping the Nazis ject the Supreme Court holdings that date you have to let that person go or commit sabotage against the United allow the American Government to try them? A lot of these cases will be States had a special status and could hold someone as an enemy combatant based on intelligence that may not go not be treated in the fashion of a mili- when they have joined the enemy to an article III court. We may have to tary threat to the country, they would forces at home or abroad. compromise our national security. We have run you out of town. So those of us who are voting for can prove to a judge they are a member So we are 10 years out from the at- this, we are saying we accept the prop- of al-Qaida, but we are not going to tacks of 9/11, and here is what we are osition that if you join al-Qaida, you take them to the criminal court be- rejecting: We are rejecting the crim- can be killed, you can be captured, you cause that is not in our national secu- inalization of the war, but we are doing can be interrogated. I am willing to ac- rity interest. it in a smart way. We are not telling cept the heat for making that decision. The key fact is, no one is held as an the executive branch they have to go Because if we cannot kill them and we enemy combatant without judicial re- into a law-of-war detention system. We cannot capture them and we cannot in- view. Once you are determined to be an are just saying that is available to terrogate them, we have made a huge enemy combatant, then we are going to them. We are not telling the executive mistake because these people hate us. apply the law of war, as we have for 200 branch they have to try people in mili- They hate who we are. They hate what years. The law of war says: No nation tary commissions. We are just saying we stand for. They would kill us all if has to let an enemy prisoner go or to them that is available for nonciti- they could. They are out there, and prosecute them—because we are not zens. What we are telling the executive some of them are among us who have fighting a crime; we are fighting a war. branch is that we believe we are at the title of ‘‘American citizen.’’ If you are an al-Qaida operative, you war, and that narrow group of people— But let me tell you about that title. could get killed, even if you are an thank God it is a narrow group—who Not only does it have rights, it has re- American citizen, by assisting the join al-Qaida do not have special privi- sponsibilities. Our courts have said enemy at home or abroad. So do not leges when it comes to destroying our there is nothing in our law or our Con- join al-Qaida because you could lose homeland; that if they make it to stitution that prevents us from holding your life. If you do get captured, you America, the closer they get to us, the one of our own when they join the can be held indefinitely under the law more tools we should have available to enemy. Because when they join the of war because you have committed an protect ourselves. enemy, they have not committed a act of war. So we are on record—at least I am crime; they have turned on the rest of Ms. AYOTTE. Would the Senator and I think the body as a whole. Sen- us, and they should accept the con- from South Carolina yield for a ques- ator LEVIN has been terrific. The ad- sequences of being at war with Amer- tion? ministration has been great to work ica. Being at war with America is Mr. GRAHAM. I am pleased to. with. Finally, after 10 years, the Con- something they should fear, and if they Ms. AYOTTE. Isn’t it true that in- gress of the United States, through do not fear being at war with America, cluded within the Defense authoriza- this legislation, is going to make the we have made a huge mistake. tion language in the detainee provi- simple statement, simple proposition I believe in due process. No one is sions is that: that under the law of war, you can be going to prison without a Federal Nothing in this section is intended to limit held as an enemy combatant indefi- judge’s oversight. No one stays in pris- or expand the authority of the President or nitely to protect this Nation. Because on indefinitely without an annual re- the scope of the Authorization for Use of when you join al-Qaida—the enemy of view. But, my God, we are not going to Military Force. us all—we are not worried about arbitrarily say: You have to go. You In other words, what is the law whether we are going to prosecute you have to be let go because of the passage today—as you just described it—we are right away. We are worried about what of time and we are not going to crim- reaffirming in this bill. But we are not you know about the next attack com- inalize this war—because it is a war. adding or subtracting from the Presi- ing. As sure as I am standing here talking dent’s authority that he has, as the Let me tell you why we need this today, we are going to be wrong once. Commander-in-Chief of our country, to flexibility. The Christmas Day Bomb- We have to be right every time, I say protect our country against members er—the bomb did not go off, thank God; to the Senator. We have been lucky, of al-Qaida. it was just luck—was read his Miranda and our men and women in uniform Mr. GRAHAM. The Senator is cor- rights within 45 minutes. Five weeks and our intelligence community and rect. later, his parents convinced him to co- our FBI agents are doing a wonderful But here is what we are doing. Here operate. What we are suggesting is job. They are working night and day to is what LINDSEY GRAHAM is doing, and there is another way that has been protect us. The threats are growing. CARL LEVIN, and an overwhelming used in other wars, that the U.S. intel- They are not lessening. There will number of the Members of this body ligence community, law enforcement come a day, I am sad to say, when we are about to do. We are about to pass a community, and military have an op- are going to get hit again. But when defense authorization bill that in- tion available to them. that day comes, we are going to make creases military pay, that has a lot of We could grab this person who has sure we have the tools to deal with it great things. But we are about to say just tried to blow up an airplane over in terms of what it is: an act of war. as a Congress: We believe we are at Detroit—American citizen or not—and We are going to have the tools avail- war, and we reject the idea—the Liber- we can hold them without telling them able to this country to rein in the con- tarian idea; who are great Americans— they have a right to a lawyer and read- sequences because we are going to have that if you get to America somehow, it ing them their Miranda rights. Because the tools available to find out where is is no longer a war. we are trying to find out is another air- the next attack coming from. I think the Libertarians agree that if plane coming and what do they know We are not going to criminalize the you catch an al-Qaida operative, in- about the enemy and what were they war. We are going to fight it within our cluding an American citizen, overseas, up to and where did they train. values. We are going to provide robust we do not have to read them their If we take that option off the table, due process. But we are going to ac- rights, and we do not have to give them we will have diminished our national knowledge as a body in Congress that a lawyer. But somehow, the perverse security. We will have overturned what our Chief Executive and those men and logic is, if they make it to America to every other time of war has been women in uniform, law enforcement attack us, whether they are a citizen about. We would be the first Congress agents, CIA agents—that they have our or not, somehow they get a special in the history of the country to reject blessing to do their job, and we are deal. the idea that we can hold someone who going to acknowledge that they have All of us who are voting for this bill is collaborating with the enemy under the tools available in this war that say that is crazy; we are at war. For no the law of war. Let’s reverse this. This were available to other like people in other war has that been the case. If you is the first time in history people have other wars.

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.055 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8664 CONGRESSIONAL RECORD — SENATE December 15, 2011 Ladies and gentlemen, if there was relating to the detention of United States The PRESIDING OFFICER. Are there ever a war where it was important to citizens.... any other Senators in the Chamber de- know what the enemy was up to and I urge people to read our conference siring to vote? hit them before they hit us, it is this reports read the Senate bill, before The result was announced—yeas 86, war. They could care less about losing they accept some of the arguments nays 13, as follows: their lives. The only way we will be which have been made against this con- [Rollcall Vote No. 230 Leg.] safe is to gather intelligence, and we ference report. YEAS—86 cannot gather intelligence, in my view, Madam President, I ask unanimous consent that the statement of the Akaka Graham Mikulski by locking down America to ‘‘Dragnet’’ Alexander Grassley Murkowski standards. This is not a TV show. This Press Secretary for the President that Ayotte Hagan Murray was issued yesterday on behalf of the Barrasso Hatch Nelson (NE) is a real-world event that changes as I Baucus Heller speak. President be printed in the RECORD, in- Nelson (FL) cluding this line: Begich Hoeven Portman To Senator LEVIN, to Senator Bennet Hutchison [W]e have concluded that the language Pryor AYOTTE, and to all those who have Bingaman Inhofe does not— Reed tried to create a compromise to enjoy Blumenthal Inouye Reid The language in the conference re- Blunt Isakson Roberts bipartisan support—to the administra- Boozman Johanns port— Rockefeller Boxer Johnson (SD) tion—thank you all. To the critics, Rubio challenge or constrain the President’s Brown (MA) Johnson (WI) some of your criticism has been un- Schumer ability to collect telling intelligence, Brown (OH) Kerry founded. But you have the right to be a Sessions Burr Kirk critic. You live in the State called incapacitate dangerous terrorists, and Shaheen protect the American people— Cantwell Klobuchar ‘‘Live Free or Die.’’ Carper Kohl Shelby Let me remind everybody, being a And the key words for many people— Casey Kyl Snowe Stabenow critic and being able to speak your and the President’s senior advisors will not Chambliss Landrieu recommend a veto. Coats Lautenberg Tester mind sometimes means people have to Thune There being no objection, the mate- Cochran Leahy die. Collins Levin Toomey What I am—— rial was ordered to be printed in the Conrad Lieberman Udall (CO) The PRESIDING OFFICER. The time RECORD, as follows: Coons Lugar Udall (NM) Corker Manchin Vitter STATEMENT FROM THE PRESS SECRETARY ON for the Senator from New Hampshire Cornyn McCain Warner has expired. THE NDAA BILL Enzi McCaskill Webb Mr. GRAHAM. Madam President, We have been clear that ‘‘any bill that Feinstein McConnell Whitehouse could I ask for 30 seconds? challenges or contrains the President’s crit- Gillibrand Menendez Wicker ical authorities to collect intelligence, inca- The PRESIDING OFFICER. Is there NAYS—13 any objection? pacitate dangerous terrorists, and protect the Nation would prompt the President’s Cardin Franken Risch Mr. LEVIN. Madam President, re- senior advisers to recommend a veto.’’ After Coburn Harkin Sanders serving the right to object—and I, of intensive engagement by senior administra- Crapo Lee Wyden course, will not—how much time is left tion officials and the President himself, the DeMint Merkley Durbin Paul before our vote? Administration has succeeded in prompting The PRESIDING OFFICER. One the authors of the detainee provisions to NOT VOTING—1 minute. make several important changes, including Moran the removal of problematic provisions. While Mr. GRAHAM. I will do this in 15 sec- The conference report was agreed to. onds. we remain concerned about the uncertainty that this law will create for our counterter- MR. LEVIN. Madam President, I Mr. LEVIN. If the Senator will save move to reconsider the vote by which me 30 seconds, I would appreciate it. rorism professionals, the most recent changes give the President additional discre- the conference report was agreed to. Mr. GRAHAM. Absolutely. tion in determining how the law will be im- Mr. MENENDEZ. I move to lay that The PRESIDING OFFICER. Without plemented, consistent with our values and motion on the table. objection, it is so ordered. the rule of law, which are at the heart of our The motion to lay on the table was Mr. GRAHAM. This idea of civil lib- country’s strength. This legislation author- agreed to. erties and the American way of life—if izes critical funding for military personnel we do not fight for it, we are going to overseas, and its passage sends an important f lose it. We are under siege and we are signal that Congress supports our efforts as under attack. So let’s fight back with- we end the war in Iraq and transition to Af- ghan lead while ensuring that our military CORRECTING THE ENROLLMENT in our values. This bill allows us to can meet the challenges of the 21st century. OF H.R. 1540 fight back, and I am very proud of the As a result of these changes, we have con- product. cluded that the language does not challenge The PRESIDING OFFICER. Under I thank Senator LEVIN for being such or constrain the President’s ability to col- the previous order, the Senate will pro- a good leader for the Nation at a time lect intelligence, incapacitate dangerous ter- ceed to the consideration of H. Con. when we need good leaders. rorists, and protect the American people, Res. 92, which the clerk will report. I yield the floor. and the President’s senior advisors will not The legislative clerk read as follows: recommend a veto. However, if in the process The PRESIDING OFFICER. The Sen- A concurrent resolution (H. Con. Res. 92) of implementing this law we determine that directing the Clerk of the House of Rep- ator from Michigan. it will negatively impact our counterter- resentatives to correct the enrollment of the Mr. LEVIN. Madam President, let me rorism professionals and undercut our com- bill H.R. 1540. first thank Senators GRAHAM and mitment to the rule of law, we expect that AYOTTE for their contributions this the authors of these provisions will work The PRESIDING OFFICER. Under afternoon and long before this after- quickly and tirelessly to correct these prob- the previous order, the concurrent res- noon on this subject. lems. olution is agreed to, and the motion to The best answer to some of the criti- Mr. LEVIN. Again, I want to thank reconsider is considered made and laid cism we have heard this afternoon—the all of my colleagues who participated upon the table. FBI has been successful. Why change in this debate. it?—read the law, read the conference I yield the floor. f report. The PRESIDING OFFICER (Ms. KLO- BUCHAR.) The question is on agreeing to Nothing in this section shall be construed EXECUTIVE SESSION to affect the existing criminal enforcement the conference report. and national security authorities of the Fed- Mr. LEVIN. I ask for the yeas and eral Bureau of Investigation. . . . nays. The PRESIDING OFFICER. Is there a NOMINATION OF MORGAN CHRIS- It is flatout explicit in the law. sufficient second? There is a sufficient Something else we have heard: We TEN TO BE UNITED STATES CIR- second. CUIT JUDGE FOR THE NINTH are doing something for the first The clerk will call the roll. time—long-term custody for American The bill clerk called the roll. CIRCUIT—Continued citizens. Read the conference report: Mr. KYL. The following Senator is The PRESIDING OFFICER. Under Nothing in this section shall be con- necessarily absent: the Senator from the previous order, the Senate will pro- strued to affect existing law or authorities Kansas (Mr. MORAN). ceed to executive session to resume

VerDate Mar 15 2010 06:55 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.056 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8665 consideration of the Christen nomina- immediately notified of the Senate’s contributed to the passage of ANCSA. tion. action. Many of them may not have received Under the previous order, there will VOTE EXPLANATION formal recognition of their contribu- be 2 minutes of debate equally divided Mr. KERRY. Mr. President, I was tions, women such as Marlene Johnson, and controlled in the usual form. necessarily absent for the vote on the who played an instrumental role in the Mr. WHITEHOUSE. Madam Presi- nomination of Morgan Christen, of creation and passage of ANCSA. She dent, I ask unanimous consent that all Alaska, to be U.S. circuit judge for the spent countless hours flying to and time be yielded back. Ninth Circuit. If I were able to attend from southeast Alaska and Wash- The PRESIDING OFFICER. The Sen- today’s session, I would have supported ington, DC, leaving behind her full- ator from Rhode Island asks that all the Christen nomination. time job and five children, doing her time be yielded back. Is there objec- part to see ANCSA move through Con- tion? f gress. To engage in negotiations, Alas- Without objection, it is so ordered. LEGISLATIVE SESSION kans would fly for days to get from The question is, Will the Senate ad- The PRESIDING OFFICER. Under Barrow or Fairbanks or Kotzebue to vise and consent to the nomination of the previous order, the Senate will re- Washington, DC. Many of them camped Morgan Christen, of Alaska, to be sume legislative session. out on couches and floors in Wash- United States Circuit Judge for the ington for months to get it done. Ninth Circuit? f Today, Alaska Native corporations Mr. WHITEHOUSE. I ask for the yeas MORNING BUSINESS are tremendous economic drivers not and nays. only for Alaska but for the entire The PRESIDING OFFICER. Is there a Mr. BEGICH. Madam President, I ask unanimous consent that the Senate United States and even internation- sufficient second? ally. In 2010, 8 of the 10 most profitable There is a sufficient second. proceed to a period of morning business businesses in Alaska were Alaska Na- The clerk will call the roll. until 7 p.m., with Senators permitted tive corporations. Of the five that The legislative clerk called the roll. to speak for up to 10 minutes each. Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without topped $1 billion, all were Native cor- Senator from Massachusetts (Mr. objection, it is so ordered. porations. Cash dividends paid to corporation KERRY) is necessarily absent. f I further announce that if present shareholders continue to be a very im- and voting, the Senator from Massa- 40TH ANNIVERSARY OF THE ALAS- portant source of income for many chusetts (Mr. KERRY) would vote KA NATIVE CLAIMS SETTLE- Alaska Native individuals and families. ‘‘yea.’’ MENT ACT In total, dividends paid by Alaska Na- Mr. KYL. The following Senator is Mr. BEGICH. Madam President, I tive corporations to their shareholders necessarily absent: the Senator from come to the floor to first say ‘‘thank rose by 39 percent from 2009 to 2010, up Kansas (Mr. MORAN). you’’ to my colleagues for supporting to $171 million. The PRESIDING OFFICER. Are there an incredible judge, but I also come to These dividends serve Native families any other Senators in the Chamber de- the floor today to mark an anniver- in many ways. In some cases, they help siring to vote? sary. December 18, 2011, marks the 40th provide basics, such as food and heat- The result was announced—yeas 95, anniversary of a truly historic date for ing fuel or supplies and equipment to nays 3, as follows: the first people of Alaska—passage of continue their subsistence way of life. [Rollcall Vote No. 231 Ex.] the Alaska Native Claims Settlement For other families, shareholder divi- YEAS—95 Act. To mark this historic occasion, dends go into college savings accounts Akaka Franken Merkley Senator MURKOWSKI and I have sub- or new startup businesses. Sometimes Alexander Gillibrand Mikulski mitted a Senate resolution to formally they simply help offset the costs of car- Ayotte Graham Murkowski celebrate the success and contributions ing for their aging loved ones. Barrasso Grassley Murray For the business owners everywhere, Baucus Hagan Nelson (NE) of Alaska Native people and their cor- Begich Harkin Nelson (FL) porations. We will be asking for the Native and non-Native alike, share- Bennet Hatch Portman unanimous consent of our colleagues to holder dividends provide a major eco- Bingaman Heller Pryor nomic boost. Today, Alaska Native cor- Blumenthal Hoeven adopt this resolution at a certain Reed porations and their subsidiaries are Blunt Hutchison Reid point. Boozman Inhofe Risch Over the past 40 years, Alaska has providing thousands of jobs across the Boxer Inouye Roberts United States. These corporations pro- Brown (MA) Isakson witnessed astonishing economic growth Rockefeller Brown (OH) Johanns resulting from ANCSA. This has bene- vide job training and scholarships and Rubio Burr Johnson (WI) other support to create new opportuni- Sanders fited not just Native people but all Cantwell Johnson (SD) Schumer Alaskans. This historic piece of legisla- ties for young shareholders and their Cardin Kirk descendents. The corporations also Carper Klobuchar Sessions tion allowed a new group of people who Casey Kohl Shaheen for centuries were economically dis- offer meaningful internships to help Chambliss Kyl Shelby advantaged to enter into the business young Alaska Natives build long- Coats Landrieu Snowe standing professional careers within Coburn Lautenberg Stabenow world and to become economic leaders. Cochran Leahy Tester Under ANCSA, they have contributed the corporate structure. Elders, the Collins Lee Thune to the State and national economies in most respected people in the Native Conrad Levin Toomey unprecedented ways. ANCSA has two communities, receive special assist- Coons Lieberman Udall (CO) ance and financial support from their Corker Lugar Udall (NM) primary goals: to resolve longstanding Cornyn Manchin Warner issues surrounding aboriginal land corporations. Crapo McCain Webb claims in Alaska and to stimulate eco- Clearly, 40 years later, many Alaska Durbin McCaskill Whitehouse Native corporations have matured to Enzi McConnell Wicker nomic development. Feinstein Menendez Wyden Many Alaskans led the charge on cre- become business leaders. Unfortu- ation and passage of the claims act. My nately, many others and the Alaska NAYS—3 father, the late Representative Nick Natives they represent have not all had DeMint Vitter great success—yet. Paul Begich, was one of them. There were many new Native leaders involved— The Alaska Native Claims Settle- NOT VOTING—2 Willie Hensley, John Borbridge, and ment Act was one approach, an experi- Kerry Moran other young advocates who very quick- ment to meet America’s treaty obliga- The nomination was confirmed. ly engaged in this historic Native tions to the first people of this coun- The PRESIDING OFFICER. Under rights legislation. try. I will continue to support the the previous order, the motion to re- Today, I would also like to recognize Alaska Native tribes while also consider is considered made and laid all the wives, daughters, sisters, secre- strengthening the capacity of the Alas- upon the table. The President will be taries, and other powerful women who ka Native corporations.

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.064 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8666 CONGRESSIONAL RECORD — SENATE December 15, 2011 Now we look forward to the next 40 Nation’s citizens really across the While no piece of legislation can years of ANCSA. I call on my col- country—not just located in the State claim perfection, the original drafters leagues in this Chamber to work to- of Alaska but really all across our of the ANCSA bill worked tirelessly to gether to help all American Indian and country and through the world. Alaska achieve a fair and a just settlement for Alaska Native people gain their eco- Native corporations continue to make the native people of Alaska and the nomic independence. Through ANCSA, significant contributions to their com- ever-evolving document has had a num- we see this happening in Alaska. Alas- munities, our Nation, and the global ber of significant amendments that ka Native groups are proud of their economy, and for this they should be have considerably improved the origi- culture and heritage but also of their commended and they should be ap- nal bill. business success. We all should be plauded. While a list acknowledging all of the proud of this success. Our resolution encourages the citi- Alaska Native leaders and advocates In Alaska, we innovate. We rely on zens of the United States to acknowl- who worked on the act would prove im- fresh approaches to solve our unique edge and support the leadership and possibly long, I wish to recognize a few challenges. The Alaska Native Claims continued efforts of Alaska Native peo- of the people who have since passed, Settlement Act is such an example. It ple in managing their resources who played an instrumental and an un- was a monumental act of Congress— through the Alaska Native corpora- forgettable role in its passage. one my father pushed forward and I tions. The resolution also sends a First, U.S. Secretary of the Interior, know is profoundly successful and one strong message of support to thousands Secretary Udall. I had both TOM and that today I profoundly defend. of Alaska Native youth from across the MARK UDALL sitting right in front of With our national economy in its State who are working and contrib- me before I began my comments here. current state, we need more of this in uting positively to their families and It is a tribute to him that he did so America. We need to lift our people to to their communities, focusing their much in his service as Secretary of the build capacity and to allow the first efforts on earning a college education, Interior. Also our own Senator Ted people of this Nation to succeed. When participating in cultural activities, and Stevens and his efforts; U.S. Congress- that happens, we all benefit. realizing a dream that they may one man Nick Begich, who was instru- Madam President, Senator MUR- day earn places of leadership within mental in passage of ANCSA, and Mor- KOWSKI and I ask you and our col- their own corporations. Their efforts ris Thompson, who is an Athabascan leagues to support this resolution to are recognized and appreciated. out of the Koyukon area. It was back recognize and honor the impact and Over this coming weekend, Alaska in 1966 that Stewart Udall, who was importance of the Alaska Native Natives and advocates from across the Secretary of the Interior then, re- Claims Settlement Act. More impor- United States will participate in com- sponded to pleas from Alaska Native tant, it honors Alaska’s first people munity dialogs and celebratory events groups, imposed a ‘‘land freeze’’ on all and their extraordinary accomplish- to reflect upon what has been accom- land in Alaska under Federal control, ments over the past 40 years. plished over these past 40 years since which amounted to about 96 percent of I yield the floor. passage of ANCSA. Participants will all the land in the State at the time. The PRESIDING OFFICER. The Sen- focus on the next steps that are needed Secretary Udall helped develop a pro- ator from Alaska. to improve upon the continued success gram for solutions to the Native land f and the unity of Alaska Native tribes, claims issue throughout the State. Al- villages, and our corporations. though ANCSA at that time was still NOMINATION OF MORGAN Through their participation and com- in its infancy, the freeze prevented the CHRISTEN mitment to management of their re- transfer of all remaining Federal lands Ms. MURKOWSKI. Madam President, sources through the vehicle of Alaska and would remain in effect until the I feel as if this is a little bit of Alaska Native corporations, many young Alas- Native land claims were resolved. day here. We just celebrated the very ka Native people will embark upon a Without that freeze, the Alaska Native successful nomination of Morgan Chris- lifetime journey of service, community people might have won their claim but ten to the Ninth Circuit. I am really engagement, and philanthropy. Alaska they may not have had lands to select. quite proud of Morgan and her accom- Native corporations have afforded a Senator Stevens, in his role, called plishments. As an Alaskan and as an unique opportunity for Alaska Native his work on the unprecedented land- Alaskan woman, to achieve what Mor- people to gain valuable insights into mark legislation of ANCSA his Senate gan has achieved, to be the example the business world, while maintaining baptism of fire. In a 1991 newspaper ar- she has set makes me quite proud thoughtful focus on issues concerning ticle, the Senator is quoted as saying today. So I am pleased the Senate gave Alaska Native tribes and communities. that he believed a settlement could be her such a resounding confirmation. The next generation of Alaska Native achieved because of his ‘‘faith in the This is quite significant for us, and people will continue to make positive determination and the unity of purpose Alaskans are feeling good today. changes in the world around them of Alaska’s Native people.’’ Senator f through acquired leadership skills, cul- Stevens was one of the advocates who tural advocacy, and community en- pushed for the 40-million-acre land pro- 40TH ANNIVERSARY OF THE ALAS- gagement, and through their dedica- vision versus the 1 million acres the KA NATIVE CLAIMS SETTLE- tion and enthusiasm, the next genera- White House had initially proposed. MENT ACT tion of leaders honors the previous gen- With threats looming that sub- Ms. MURKOWSKI. As Senator BEGICH eration of Alaska Native leaders who committee sessions would be called off, mentioned, Alaskans are celebrating really worked so very diligently to which would effectively end a nego- other occasions this week as well. achieve the passage of the most signifi- tiated settlement, Congressman Nick I rise today to speak about a resolu- cant Native lands settlement in our Begich played a key role in keeping the tion Senator BEGICH and I have sub- Nation’s history. legislative process moving. By the end mitted that recognizes December 18, In addition to all of the very remark- of the negotiations, the subcommittee 2011, as the 40th anniversary of the able young people who will one day be package was a tribute to the Congress- Alaska Native Claims Settlement Act. managers and policymakers of their man’s role as architect of the House Our resolution recognizes and com- Native corporations, I honor the work compromise. One veteran lobbyist said: mends the significant achievements of those who contributed to the success It is the best individual achievement I Alaska Native people have made over of the passage of the Alaska Native have ever heard of for a freshman Congress- the past 40 years through their con- Claims Settlement Act. It was no easy man. gressionally created Alaska Native cor- feat negotiating this very complex I would be remiss in not mentioning porations. piece of litigation. It took the drafters the very unforgettable Morris Thomp- Not only has the Alaska community years for the settlement to be dis- son. At 34 years old, Morris was the risen to the challenge of creating sus- cussed, to be interpreted, analyzed, de- youngest commissioner of the Bureau tainable businesses, but they have cre- bated, negotiated, and finalized. It was of Indian Affairs. He held a Cabinet po- ated employment opportunities for our truly an accomplishment. sition in the Nixon administration and,

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.066 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8667 with his Interior Department positions, Eskimo-Jewish heritage, but Mala THE ECONOMY Morris was very deeply involved in pas- landed his first role in the silent film Mr. GRASSLEY. Mr. President, it sage of the ANCSA at the time. He was ‘‘Igloo,’’ which was shot in Barrow, AK. seems the President of the United a prominent leader in the Native, cor- The film’s success earned him the title States has finally acknowledged that porate, and political worlds. He was of the Eskimo Clark Gable. the economy is in a terrible state and known for a good sense of humor, wit, In 1932, Metro-Goldwyn-Mayer, MGM there is nothing he can do about it. So, and wisdom, but was also a very savvy Studios, sent a film crew from Holly- rather than offer new ideas to grow the businessman who led Doyon, which was wood to Nome. My mother was born in economy, the President has now shift- an Alaska Native regional corporation, Nome in 1932. Nome was a pretty inter- ed into blame mode. I recognize that to great success. His lifelong commit- esting community back there, still the slow economic growth and high lev- ment to the people and progress of very rough around the edges, but they els of unemployment are having a sig- Alaska truly lives on in his legacy. sent a film crew to Nome to begin nificant impact on the middle class. I am proud of all these people. I value But rather than listen to political rhet- their idealism, their energy, dedica- shooting the film that would thrust Mala into stardom. MGM struck gold oric and witness finger pointing by tion, and unique perspectives they President Obama, the unemployed with the film ‘‘Eskimo,’’ a film also brought to the table in working toward would likely prefer ideas, ideas on how called ‘‘Mala the Magnificent,’’ the the initial crafting of the Alaska Na- to turn this economy around. tive Claims Settlement Act. first full-length feature film ever shot I presume President Obama aspired I thank Senator BEGICH for standing in Alaska. Mala became Alaska’s first to lead the country because he believed with me to submit this important reso- Hollywood film star and also the first he had the vision and the ability to lution that acknowledges the hard nonwhite actor cast in a leading role. lead to a more prosperous nation. But work of the Alaska Native people in Over the span of his career, Mala would beyond the vision, a President also the success of their Alaska Native cor- appear in over 25 films, all the while needs a plan and the leadership to put porations on this 40th anniversary of winning devoted fans across genera- that vision into place. Where is that passage of the Alaska Native Claims tions, across cultures—they loved him. leadership? During the past 3 years, we Settlement Act. I know Congressman His widely acclaimed role in ‘‘Eskimo’’ witnessed President Obama’s theory on YOUNG joins with us in celebrating this would earn Mala his place in Holly- economic stimulus. We saw a massive anniversary as well. wood history. expansion of government and deficit HONORING RAY MALA He was more than an actor. He also spending. More than $800 billion was Since, as I mentioned, we are work- excelled in cinematography and spent on a failed economic stimulus ing a little bit on Alaska Day, I wish screenwriting. Keep in mind, this is a bill that was supposed to keep unem- also to take a couple of moments here young Eskimo boy, raised in the tradi- ployment below 8 percent. But it did to recognize yet another Alaskan lead- tional ways back in the early 1900s. Not not. Government spending in the proc- er, truly an Alaskan legend. Two days only is he picked up by Hollywood and ess has reached an unprecedented level. after Christmas of this year would have is a phenomenal actor, but he also ex- Today, the size of government, if you marked the 105th birthday of an Alaska cels in cinematography and combine local, State, and Federal, is 40 legend, Ray Mala. Despite insurmount- screenwriting. He worked on films with percent of our gross national product. able odds, Ray Mala dared to dream many legendary filmmakers, including One hundred years ago when Teddy and he went on to become our Nation’s Alfred Hitchcock and Cecil B. DeMille. Roosevelt delivered his speech in Kan- first Native American international But his blossoming career was cut sas, it was 8 percent. I refer to Teddy Roosevelt and the speech in Kansas be- film star. He would have been 105, or he short by his death at age 45 due to cause the President of the United will have been, 2 days after Christmas, heart complications. Mala faced many States now tried to duplicate that but he was our Nation’s first Native challenging personal circumstances, speech 100 years later. American international film star. He such as racial discrimination, at a very Today, government consumes 40 per- was born in the remote village of Can- early age. But that did not prevent him cent of the entire economy. According dle, to an immigrant father of Russian from achieving both personal and pro- to economic policies of President Jewish descent. He was fluent in both fessional excellence. I am sure he Obama, government needs to grow even English and his mother’s native lan- would be very proud to see that his bigger to help our economy, and in the guage of Inupiat. He was a skilled hun- grandson was following in his acting process there is a goal to use govern- ter. He learned the Inupiat ways from footsteps. ment to redistribute wealth. If govern- his maternal grandmother, Nancy This year, in her newly released book ment gets a little bit bigger, the argu- Armstrong, and while the family lived ‘‘Eskimo Star,’’ author Lael Morgan ment goes, and if it gets a little more a traditional lifestyle, Mala learned to chronicled the inspirational life story involved, and particularly if it gets in- walk in both the traditional and mod- of Ray Mala, and the State of Alaska volved in every facet of our economy ern worlds. Facing poverty, Mala was a hosted a Ray Mala film festival cele- and our lives, that will surely increase very accomplished hunter, using a bow brating Mala’s films in community economic prosperity of all Americans. and arrow to catch whatever food he theaters from Juneau all the way up to Right? would bring home. Wearing a hand- Point Hope. Of course not. All of this has led to made fur parka, he and his grand- taxes and deficit spending that crowd mother would traverse through harsh It is a great honor for me to reflect out private investment that could grow arctic storms in pursuit of subsistence on the life of this inspirational Alaska the economy and, in the process, create land animals. When they would return Native icon, and to offer a tribute to jobs. Government doesn’t create self- home, Mala would pour himself into his spirited and very triumphant jour- sustaining jobs; government only cre- academic studies at the local school, ney from small-town village boy to sil- ates government jobs. The private sec- always striving to improve himself. ver screen leading man. Alaskans look tor creates jobs. It is the responsibility At age 16 he made his acting debut in forward to the day when Ray Mala’s of the government to create an envi- the film ‘‘Primitive Love.’’ Mala was magnificent star might be post- ronment that leads to job growth. It initially hired as a laborer on the re- humously added to the Hollywood does this by instituting the rule of law, mote film set there in the State, but Walk of Fame, a tribute to the Na- property rights, the patent system, film makers discovered his natural tal- tion’s first ever Native American film among others—and there are a lot of ent behind the camera and, as I say, star. others I ought to add to it. Government the rest is history. He was bitten by It is a good way to end our Alaska sets the tone. the acting bug. Mala set out for Holly- day series. I appreciate the indulgence Remember, government consumes wood. He worked his way up from of my colleagues. well, it does not create well. Through sweeping the stage floors to being an economic freedom, entrepreneurs are assistant cameraman at Fox Studios. I yield the floor. free to innovate and prosper. This eco- Initially he was turned down for any The PRESIDING OFFICER (Mr. nomic success leads to higher stand- leading roles because of the his mixed FRANKEN). The Senator from Iowa. ards of living and a better quality of

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.068 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8668 CONGRESSIONAL RECORD — SENATE December 15, 2011 life. Importantly, these gains do not doms is less sure. Based on his recent ously lead to a great deal of job cre- come then at the expense of others. speech in Kansas, it seems the Federal ation in the private sector. This coun- Contrary to what some would have you Government is the answer to all of try doesn’t need more taxes, we need believe, business growth does not have America’s problems. According to the more taxpayers, and the way to get to come at the cost of others. In other President, if we tax the wealthy, en- more taxpayers is to have more people words, it is not a zero sum game. In sure they pay their fair share, we can working. fact, business success and economic get our economy back on the right The President’s threat of higher growth lifts all boats through employ- track. President Obama wants the taxes is directly inhibiting job growth ment gains, higher wages, and value to American people to believe higher and economic expansion. It is time for consumers, among a lot of other things taxes on job creators will lead to eco- President Obama to recognize that that could be mentioned. nomic prosperity and create jobs. This with 13 million Americans unemployed There are some who believe that indi- is contrary to what Republicans know and anemic economic growth, tax in- vidual success cannot be achieved with- to be true. It is also contrary to the vi- creases will harm, not help, economic out government involvement or inter- sion President John F. Kennedy knew recovery. vention. What is more, they believe an to be true when in the 1963 tax bill he Finally, we had a recent Gallup poll individual’s success must mean that reduced the marginal tax rates very finding that compliance with govern- someone else has been deprived or they dramatically. President John F. Ken- ment regulations is the single biggest believe if someone else is successful, nedy recognized the economic benefits issue facing small business owners the success was achieved collectively of lowering taxes, so in his State of the today. You might think we would em- only with the help of government or Union Address on January 14, 1963, phasize the Fortune 500 big corpora- others in society. This line of thinking President Kennedy spoke of the need to tions when it comes to creating jobs, concludes that government and society increase economic growth and job cre- but we know that 70 percent of the new is, therefore, entitled to some of those ation. He stated: jobs in America are created by small achievements. To achieve these greater gains, one step, business, so we ought to be concen- President Obama’s recent speech in above all, is essential—the enactment this trating on what small business people Kansas provides great insight into his year of a substantial reduction and revision are telling us about the economy not economic theory. He clearly believes in the Federal income taxes . . . A net reduc- turning around. government should be involved at tion in tax liabilities . . . will increase the Small business owners, when it every level of individual and business purchasing power of American families and business enterprise in every tax bracket. comes from the standpoint of regula- activity. The President says that hard- tions, need to spend less time and He further stated: working Americans should be rewarded money making sure they comply with for their achievements. However, his It will, in addition, encourage the addition and risk-taking on which our free enterprise burdensome and needless Washington economic vision demonstrates his be- regulations. Those valuable resources lief that individual success is due to so- system depends—induce more investment, should be spent growing their business, ciety, not because of hard work or indi- production, and capacity use . . . and rein- hiring more workers, and as a result vidual effort. This line of thinking is in force the American principle of additional reward for additional effort. growing our economy. We must halt stark contradiction to our country’s the Federal Government regulations founding principles that government It is worth repeating. President Ken- binge. For many of these new regula- exists to allow for the individual to nedy pushed for lowering Federal in- tions, the cost of compliance outweighs achieve success and the pursuit of hap- come taxes to encourage initiative and the public benefit. They are acting like piness. risk-taking to induce investment, pro- The idea of government intervention duction, and economic growth. Presi- a wet blanket on our economy. There runs contrary to our founding prin- dent Kennedy recognized and believed should be a moratorium on new regula- ciples of individual and economic free- in the American principle of additional tions. dom. Government exists to serve the reward for additional effort. I want to give you a perfect example needs of people rather than people serv- It seems to me, from the speeches that is now an issue before the Con- ing the needs of their government. that have been made recently, that our gress, the Keystone XL Pipeline. At a There are some who believe govern- President—meaning President Obama— time of high unemployment and energy ment is the only creator of economic disagrees. It seems to me that he ar- costs, the Federal Government should prosperity, but if others have achieved gues innovators and job creators not be standing in the way of private success, they must be, by default, the should be subjected to punitive tax in- investment that will create jobs and cause of other people’s hardships. This creases for being successful. He seems increase our energy supply. It is uncon- type of class warfare demagoguery is to believe economic growth will come scionable that the largest private shov- harmful to our country and our coun- by confiscating the wealth of job cre- el-ready construction project is being try’s future and our people’s future, ators and sending that money to Wash- delayed by President Obama’s decision and it has the end result of dividing ington, and I could not disagree more. to override two different studies by the America. It creates envy, hatred, and For Americans to prosper, we must State Department and that there was resentment toward those who have first reduce the size of government. no negative environmental impact. It worked hard, played by the rules, and This year the Federal Government will seems the only jobs President Obama is achieved success. This divisive rhetoric spend about 24 percent of our gross do- interested in creating are government seeks to put blame on the successful mestic product. This type of spending jobs or government-subsidized jobs. for the hardships of those who have has led to annual deficits above $1 tril- The unfounded delay should be ended been hurt during this recession. lion for the past 3 years. The total debt and the pipeline project should move Most Americans don’t support Presi- stands at over $15 trillion. This is 100 ahead. dent Obama’s divisive vision and rhet- percent of our gross domestic product. This situation typifies the Obama oric. The American people still believe The size of government, the size of defi- philosophy that the free market and if you work hard and play by the rules, cits, the size of debt, and the size of in- intelligent Americans are incapable of you can be successful and you can terest payments are unsustainable over making informed decisions. The argu- flourish. I doubt the majority of Amer- the long haul. We must reverse course. ment we hear is that Americans are icans believe it is the goal of govern- Second, we must work to reform the not smart enough to know we need ment to intervene in this process. In Tax Code to provide certainty and pre- solar energy rather than fossil fuels. So fact, most Americans would be happy dictability. Nearly every day our Presi- our big government caretaker uses 1⁄2 to have the government get out of the dent is on the campaign trail talking billion in taxpayer dollars to support a way. Most Americans believe in indi- about tax increases. It is no wonder our solar company while simultaneously vidual responsibility and liberty, in- job creators, particularly small busi- blocking an entirely private enterprise cluding freedom to succeed and free- nesses, are reluctant to make business from developing an oil pipeline that dom to fail. decisions or investments in this cli- will make us much more energy inde- It appears President Obama’s com- mate, which decisions we would hope if pendent. We have seen how the decision mitment to these fundamental free- they would make them would obvi- by the government elite to support

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.069 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8669 Solyndra has worked out. It was a com- FEDERAL WORKERS it comes to pay. According to the non- plete failure. Mr. CARDIN. Mr. President, it is partisan Congressional Research Serv- It is time we got out of the way of time for Republicans to end their war ice, average wages among all workers the Keystone Pipeline. I hope the on dedicated, hard-working middle- in our economy have risen over 600 per- American people will dismiss the eco- class Federal employees. Who are these cent since 1969, while salaries for civil- nomic theories and visions of our Federal workers? They are the Vet- ian Federal employees have grown by a President as he seeks to divide our erans’ Administration’s nursing assist- little over 400 percent since 1969. There country. I believe we can achieve a ants who care for our wounded war- is a widening gap between public sector prosperous future by empowering indi- riors; the Department of Defense civil- employees and the private sector. viduals rather than our Federal Gov- ian employees who support our mili- What these proposals would do is ernment. Americans are smart enough tary troops at home and abroad; Social widen that gap even further. to put their trust in themselves and Security Administration claims rep- Republicans want to extend the cur- their neighbors, not in bigger govern- resentatives who process benefits to rent pay freeze for another year. That ment. It is time to end the political our Nation’s senior citizens and people would cost a Federal employee who blame game and divisive rhetoric and, who qualify for disability payments. makes $50,000 annually about $800 a instead, work on genuine and real poli- They also include Nobel prize-winning year. A 3-year pay freeze would cost cies that will create economic jobs and, scientists who are conducting GS–5 employees almost $4,000 in cumu- more importantly, economic growth groundbreaking research at the Na- lative lost salaries; for GS–7 employ- that is going to help all Americans; in tional Institutes of Health and the Na- ees, almost $5,000 in cumulative lost other words, expanding the economy tional Aeronautics and Space Adminis- salaries; and for GS–9 employees, al- because this does not have to be a zero tration on everything from fighting most $6,000 in cumulative lost salaries. sum gain. We can have more for more cancer to understanding the origins of The Republican bill would require people, and if we don’t have more for the universe; the Environmental Pro- massive increases in the contributions more people, we are going to have less tection Agency and Food and Drug Ad- current and future Federal employees for more people and everybody is going ministration staff who keep our air and make to their retirement system—a to lose out. water clean and our food and drugs system that is currently fully funded— safe; the Federal Aviation Administra- while slashing benefits. That is rubbing Mr. MERKLEY. Mr. President, we tion’s air traffic controllers who keep salt in the wound of the additional pay are in the midst of an important debate the skies safe; also, the Department of freeze. So the Republican bill takes a 2- over whether we will allow all working Justice, Federal Bureau of Investiga- year pay freeze and adds a third year Americans to be hit with a big tax in- tion, and United States Marshal Serv- pay freeze and tells our employees to crease next year. ice attorneys and law enforcement offi- triple their contributions to their re- This is a critical measure of relief for cers who track down and arrest and tirement system, which is another pay our working families in these tough convict terrorists and drug cartel and cut. It is not only a freeze, Republicans times. During the aftermath of the gang members. are proposing. It’s a pay cut for our most severe recession since the Great The list of those who are on the front Federal workers. Depression, many middle-class Ameri- line of public service goes on and on. In addition to these assaults, we are cans cannot afford to lose the $1,000 the Federal employees are dedicated and already asking the federal workforce to average family receives from this tax hard-working, and like many other do more with less. As my colleagues cut. Furthermore, economists across Americans, many of them are strug- have noticed, when it comes to job the spectrum believe that extending gling to deal with their family budgets. growth numbers, the public sector the payroll tax cut is a critical step in And yet Federal employees are already numbers aren’t going up; they’re going building momentum toward a stronger contributing $60 billion to the deficit down. But the workload isn’t going recovery and minimizing the chances reduction through a 2-year pay freeze. down. We are asking our Federal work- They have already contributed to that our economy could slip back into ers to do more with less, to have a 2- deficit reduction. They were the first recession. year pay freeze, and now to take a pay in line to try to help balance our budg- cut. That is not fair. While keeping working Americans et. from being hit with this tax increase is Like their private sector counter- The Republicans save their most se- our first and most important priority, parts, Federal employees haven’t been vere punishment for future Federal em- we must also look to what is best for immune to the country’s economic ployees, making it clear that their in- our economy when deciding on offsets woes. They are confronting similar tention is to provide as many disincen- for the cost. The offset in the bill that hardships: disabled or unemployed tives for people to consider a career in we voted on 2 weeks ago made good spouses, declining home values, rising public service as possible. Increasing sense: asking millionaires and billion- gasoline and living expenses. Many pension contributions for future hires aires to fund a fairer share of our na- Federal employees head single-parent by 3.2 percent would force an employee tional budget. I am concerned, how- families. As do other Americans, many making $30,000 a year to pay $1,200 ever, about a new offset provision in S. Federal employees struggle to pay rather than $400. We should be embrac- 1944 that increases the guarantee fee on their mortgages and find ways to send ing people who are willing to engage in mortgages backed by Fannie Mae and their children to college. public service. The Republicans are Freddie Mac. I am very wary of placing H.R. 3630, the House Republicans’ doing just the opposite. additional costs on new mortgages payroll tax cut bill, would require 2 It is time for the Republicans to stop given the ongoing crisis in the housing million Federal employees to shoulder their war on hard-working Federal em- and mortgage markets. Moreover, if nearly one-half of the cost of a tax re- ployees. Increasingly, the Federal there is such a fee increase, it should duction that benefits 160 million Amer- workforce is being asked to do more be used to strengthen our battered icans. So what the Republican bill is with less. Increasingly, the Federal housing market. doing is extending the payroll tax re- workforce is being asked to shoulder a disproportionate share of deficit reduc- I look forward to discussing other ductions for working families, but say- tion. It is time to stop that assault. I offsets with my colleagues as we con- ing to the middle-class Federal worker: think it is time we all properly recog- tinue this debate. This much is clear: You are going to pay most of the bur- nize the dedication, hard work, valor, Keeping this tax cut in place is a huge den. That is not going to help our econ- sacrifice, and professionalism of our factor in the success of our working omy. That is not the right way to ex- Federal workers. families and a huge factor in the recov- tend the payroll tax reduction. ery of our economy. The current Republican assault on With that, I yield the floor and sug- our Federal employees is piled on top gest the absence of a quorum. I yield the floor. of the current 2-year pay freeze, which I withdraw my request. The PRESIDING OFFICER. The Sen- is piled on top of a workforce already The PRESIDING OFFICER. The Sen- ator from Maryland. lagging behind the private sector when ator from Iowa.

VerDate Mar 15 2010 06:55 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.071 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8670 CONGRESSIONAL RECORD — SENATE December 15, 2011 HEALTH CARE REFORM costs for kids—something that was just can put certain conditions on States, Mr. GRASSLEY. Mr. President, in catastrophically high. That is just one but if it reaches a point where the the past 3 weeks I think I have come to example. State has to do it, in this case the the floor three times to discuss the The decision to expand is up to the States say: You have really gone too case on the President’s health care re- States. When Congress mandates the far. form bill: one time to discuss the con- States expand eligibility, States can The Affordable Care Act withholds stitutionality of the individual man- either expand their programs or forfeit all Federal dollars, then, from States date and another time to deal with the all Federal funds for the program. that refuse to submit to the policy dic- severability clause. I come now to Now, this is what we call an all-or- tates of the Congress. Medicaid ac- speak about the unconstitutionality of nothing requirement. It has been used counts for more than 40 percent of all the massive expansion of Medicaid. in every expansion of the program. The Federal funds that States receive. Those are three of four issues that the all-or-nothing requirement on States States spend on average 20 percent of Court is going to deal with. My col- has not only been used to expand eligi- their State budget on Medicaid. Fed- leagues probably remember the Court bility within the Medicaid Program, eral funds cover, on average, 57 cents of has extended the period of time they but it has been used to expand services each dollar spent on the program be- normally deal with arguments before and require changes in the administra- cause previously I said the Federal them from 1 hour to 51⁄2 hours because tion of the program. Government gives every State at least this is such a very important case. If the Federal Government wants 50 percent, but the average of all 50 Today I wish to talk about the far- States to cover podiatrists in Medicaid, States is 57 percent of the Medicaid reaching implications of this mandate, the Federal Government can mandate dollars coming from Federal dollars. but also about the constitutionality of States to do so. If a State doesn’t do it? In my State of Iowa, for instance, I the Medicaid expansion. If the Supreme Withhold all Federal dollars to that think it is 63 percent from the Federal Court rules the individual mandate un- State. If the Federal Government Government and 37 percent of State constitutional, it will have the effect wants States to implement a secondary funds. So the loss of all Federal Med- of striking down this new law that has payer program to ensure that services icaid funding would obviously be dev- not been fully implemented. If the Su- are being properly paid by private dol- astating to the States. preme Court rules that the Medicaid lars, the Federal Government can man- The States maintain that the law’s expansion and the Affordable Care Act date States to do so and withhold every expansion of Medicaid was deliberately is unconstitutional, it has the poten- Federal dollar if that State refuses to designed to force the States to agree to tial to cause significant changes in a go along. expand the program because of the program that has been in operation for It has been a staple of the program threat that a State’s entire Federal the last 46 years. for 46 years that the Federal Govern- funding stream would be cut off if they Just to remind everybody about Med- ment can require States to do certain decided not to go along with decisions icaid, it was created in 1965 at exactly things in Medicaid. Now comes along made in Congress. In the harshest the same time Medicare was created. the Affordable Care Act. That act re- terms, they were made an offer they Where Medicare was created to provide quires States to expand their Medicaid could not refuse. Further quoting from health care coverage for our senior Program to cover all individuals up to the States’ argument: citizens, Medicaid was created as a 133 percent of the poverty level. It is The Affordable Care Act essentially holds safety net for low-income individuals. the first expansion of Medicaid’s man- the States hostage based on their earlier de- Medicare is run exclusively by the Fed- datory eligibility groups since the all- cision to establish a Medicaid infrastructure eral Government. Medicaid is a Fed- or-nothing expansion in the bills of 1989 and accept federal funds subject to different conditions. eral-State partnership. The Federal and 1990. Those were both reconcili- The Affordable Care Act uses the States’ Government sets the parameters of the ation acts. decision to accept earlier federal induce- Medicaid Program. It pays at least half It is this all-or-nothing requirement ments against them, and, in doing so, pre- of the program in every State but then that States are challenging and that sents states with no real choice: they must turns the functional operation of the the Supreme Court will consider next abandon completely the existing Medicaid Medicaid Program over to the States. year and has given a certain portion of system and funding or accept the radical new conditions. This amounts to a massive bait- In the 46 years since both programs the 51⁄2 hours just to debate this issue. and-switch. were created, eligibility for the Medi- So I think that means the Supreme care Program has been essentially un- Court thinks this is a very significant The States are arguing to the Su- changed. On the other hand, eligibility issue they are being asked to consider. preme Court that there is no way the for the Medicaid Program has expanded So I would like to describe the argu- States can turn down a Federal induce- significantly through the years and, ments being made by the States that ment as massive as all Medicaid fund- with that, the program has grown dra- this is an unconstitutional use of con- ing. matically as well. gressional power. The States argue This is especially true because the ef- Medicaid, when it was created, cov- that the 10th amendment limits the fect of declining is that the State’s own ered fewer than 5 million. Today, the power of Congress to coerce States to taxpayers have to pay the full cost of Medicaid Program currently covers accept Federal funds as opposed to pro- providing health care for the neediest nearly 57 million. The program spends viding inducements. The States argue citizens of the State and, at the same more than $300 billion each year. that a restriction on Federal funds time, provide the Federal Government Medicaid has expanded so dramati- compels rather than induces if its bur- taxes for Medicaid funds that would be cally for two reasons. First, at various dens and losses as they affect vital or- distributed to pay for the program, in- points in the last 46 years Congress has dinary State functions are too burden- cluding expansion in the other 49 mandated that the States increase eli- some and costly. So I quote from their States. gibility and services for the program. position: Since no State could make taxpayers Second, Congress has also given the fund the State and Federal portions of By conditioning all of the States Federal States the option to expand their eligi- Medicaid funding—for most States, more Medicaid, while also taxing their citi- bility. When Congress gives States the than a billion dollars each year—upon agree- zens to pay for Medicaid in the other 49 option of expanding their eligibility, ment to substantially expand their Medicaid States, it is a phony choice, not a real States can expand and the Federal programs, the Affordable Care Act passes the choice, for the States to turn down the Government will still provide its pro- point at which pressure turns into compul- money to expand their Medicaid Pro- portionate share of Federal dollars. sion and achieves forbidden direct regulation grams. In other words, the States are For instance, one of the programs I of the States. being compelled to do so. helped get passed with Senator Ken- The part of the quote which says it is The States argue that giving notice nedy from Massachusetts when he was at the point where pressure turns into of the coercion they face does not a Member of the Senate was a program compulsion makes the act unconstitu- make the choice any less coercive, and that allowed some help for families tional because it has always been a they argue that when States originally who had particularly high health care principle that the Federal Government accepted Medicaid, they were not

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.073 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8671 warned that their participation would be constitutional if the Federal Gov- tential consequence of the Medicaid put them at the mercy of any future ernment permanently paid for 100 per- question before the Court. unpredictable congressional demands. cent of the cost? Could the Federal It could, obviously, strike the expan- The States are arguing Congress can Government mandate future expan- sion in the Affordable Care Act. It change Medicaid, and Congress can sions if they were much smaller in could hamstring future Congresses as condition the funding for those changes scope, such as in the 1989 and 1990 man- they consider potential policies for the on State agreement to them. datory expansions under those rec- Medicaid Program in the future. It But it cannot force changes on the onciliation bills? could threaten the fundamental struc- States by threatening them with the If the Federal Government wanted to ture of the Medicaid Program by bring- loss of the entirety of Federal funds. require States to cover podiatrists or ing into question all the requirements Although the Federal Government implement a secondary payer program, on the States in the program today. It will pay the vast majority of the cost could it do so using Federal funds as le- could require future Congresses to con- of expansion, the States also point out verage to require it? sider the structure of every Federal- that coercion turns on the financial in- A ruling in favor of the States would State partnership. ducement that Congress offers, not the raise those questions. We are here discussing this because amount a State is coerced to spend. Further, if the current mandatory the White House and the Democratic The critical issue is what is referred expansion of Medicaid is unconstitu- majority put their partisan goals ahead to as the ‘‘coercion doctrine.’’ The co- tional, what does that imply for pre- of collaboration with Republicans and ercion doctrine protects the States’ de- vious expansions and policies? States to build legitimate public pol- cision whether the inducement is In the 1989 and 1990 acts, when Con- icy—contrary to how most social pol- worth the cost. gress required States to expand eligi- icy in this country has been devised: Among the controlling cases is South bility for women and children, Con- Social Security, bipartisan; Medicare, Dakota v. Dole in 1987. The Supreme gress did so without providing any ad- Medicaid, bipartisan; civil rights laws, Court there upheld a Federal law that ditional funding to the States beyond bipartisan—but not this Affordable threatened States with the loss of 5 their normal share, which in the case Care Act, a partisan document. percent of Federal highway funds if of Iowa today would be 63 percent Fed- Now we see that far more than this they did not raise their drinking age to eral, 37 percent State. one specific policy is threatened. If the 21. If the Supreme Court rules in favor of Supreme Court accepts the States’ ar- Remember, that was only 5 percent the States, will previous mandatory ex- gument, a host of constitutional ques- of their road funds, not 100 percent of pansions to Medicaid be subject to tions will surround the operation of their road funds, as in the case of the challenge? Will a State be able to chal- many Federal funding streams to the all-or-nothing in the case of Medicaid, lenge the existing enforcement mecha- States. It would be difficult to over- where if you do not go along, you are nism of withholding Federal dollars if a state the significance of such a ruling. going to lose everything. State wants to ignore a service require- I have outlined it was not necessary for So in that Dole case, writing for the ment or an antifraud provision? These the Congress to have taken action that majority, Chief Justice Rehnquist questions will then have to be an- might produce that result. noted: swered. I yield the floor and suggest the ab- Our decisions have recognized that, in Finally, a Supreme Court ruling on a sence of a quorum. some circumstances, the financial induce- coercion test necessarily has broader The PRESIDING OFFICER. The ment offered by Congress might be so coer- implications for all Federal-State part- clerk will call the roll. cive as to pass the point at which ‘‘pressure nerships. The original Dole case was The bill clerk proceeded to call the turns into compulsion.’’ about transportation funding. roll. In the years since the Dole decision, A Supreme Court ruling in favor of Mr. RUBIO. Mr. President, I ask Federal courts have yet to establish a the States will necessarily bring into unanimous consent that the order for clear test for coercion. I assume that is question every agreement between the the quorum call be rescinded. what could happen if they would over- Federal Government and the States The PRESIDING OFFICER (Mr. BEN- turn Congress’s decision; that there where the Federal Government condi- NET.) Without objection, it is so or- would be a clearer test of coercion in tions 100 percent of the Federal funds dered. this Affordable Care Act. on States meeting requirements that f The Supreme Court will be chal- are determined in Washington, DC. lenged in this affordable care act case It is certainly possible that such a CUBA TRAVEL POLICY to determine where the limits of Fed- Supreme Court ruling could require fu- Mr. RUBIO. Mr. President, there is a eral coercion, if any, lie. ture Congresses to carefully consider a lot of conversation in the building It is difficult to overstate the poten- coercion test in designing legislation. today about one of the provisions that tial implications of this particular as- A Supreme Court ruling in favor of is holding up the omnibus; they are pect of the affordable care act in the the States in this case could not only saying this is Cuba travel, families case that is being appealed. jeopardize the mandated Medicaid ex- traveling back to Cuba. I have strong There are three specific ways this de- pansion in the Affordable Care Act but opinions about that as well. Suffice it cision could have a profound impact on could challenge the fundamental struc- to say that it is important to let my Federal policy if the Supreme Court ture of Medicaid and have broader im- colleagues know what is being asked rules in favor of the States. plications outside health care. for in the omnibus, and what will be A ruling for the States could affect One may ask: Does the Supreme coming over here if it is kept in, will future Medicaid policy, current Med- Court have this case before it—and why not prohibit families from traveling to icaid policy, and broader Federal-State does it have it before it?—a case with Cuba. It will limit the amount that partnerships. such broad and far-reaching implica- they can. That is a wise policy, one The expansion of Medicaid in the Af- tions? It is because of a massive re- that I support, because it limits access fordable Care Act was written to mini- structuring of our health care system to hard currency to a tyrannical re- mize the cost to the States. The Fed- in a partisan fashion, using nearly gime. eral Government pays for 100 percent of every procedural tool at the majority I am here to talk about a different the cost of the Medicaid expansion in party’s disposal in accomplishing the part of the Cuba policy, however, the first few years, before transitioning goal of passage. Cuban travel, which does not get a lot to an approximately 92-percent share of The constitutionality of this law has of notice these days, but it is part of the cost of the expansion. been challenged in numerous courts conversations that are ongoing with If the Federal Government cannot re- throughout the country. These chal- the administration and the State De- quire expansion of the Medicaid Pro- lenges will soon be heard before the Su- partment with regard to some of the gram and pick up 92 percent of the tab, preme Court. While most people want appointments they have in the Western what can the Federal Government re- to focus on the individual mandate, it Hemisphere, and that is the so-called quire? Would a mandatory expansion is important we do not forget the po- people-to-people travel.

VerDate Mar 15 2010 06:55 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.075 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8672 CONGRESSIONAL RECORD — SENATE December 15, 2011 I have here in my hand an immediate Day 3 is interesting too. You get to fore—Casa de la Amistad, a historic release from January 14, 2011, titled go to this place Casa de la Amistad, mansion, where you will have the op- ‘‘Reaching Out to the Cuban People.’’ which basically means Friendship portunity to observe a forum regarding It came from the President, where he House. There you will meet with your United States-Cuba relations put to- announced a series of steps to continue Cuban ‘‘host’’ which I would bet you gether by the Cuban government, very efforts to reach out to the Cuban peo- right now is members of the Castro interesting, in pursuit of the goal of a ple in support of their desire to freely government and perhaps enjoy another Cuba that respects the basic rights of determine their country’s future. exciting musical performance. Then all of its citizens. You spend the night One of the changes they made is to you spend the evening of day 3 back at at a jazz cafe, where the seaside view is something they call purposeful travel. Casa de la Musica for some incredible almost as impressive as the musicians It says here: salsa music and dancing. who play there nightly. I am guessing The President believes these actions— Day 4 is the real highlight of this now, I am not sure, but there might be Which I am about to describe— trip. This is not to be missed. You get some dancing involved on night 4 in combined with the continuation of the em- to fly to Santiago de Cuba. Guess Cuba. bargo, are important steps in reaching the where you get to visit. You get to visit Night 5 is quite interesting too, be- widely shared goal of a Cuba that respects a place called Quartel Moncada, which cause there you get to learn from the the basic rights of all its citizens. is basically an old army barracks actual Cuban musicians about the sen- Right here in this release—and I am where, on July 26 of 1952, Fidel Castro sual and passionate rhythms of their glad he wrote it—the President is stat- launched the Cuban revolution. You music, and you round out the day with ing that in combination with the em- get to visit this place where Fidel Cas- a 2-hour salsa class, in furtherance of bargo, the steps that he wanted to tro’s revolution actually began. Imag- freedom and democracy. That is trip take, the goal of these steps was reach- ine. I can see where that begins to fur- No. 2. ing the widely shared goal of a Cuba ther ‘‘the widely shared goal of a Cuba There are a lot of these. There is one that respects the basic rights of all of that respects the basic rights of all of more. This one is good. This one is its citizens. That is the reason why he its citizens.’’ called ‘‘Cuba for Educators: Ethics & made these policy changes. So far so Guess what you get to do at night. The Revolution.’’ So you go to Cuba to good. You guessed it. You get to spend the learn about ethics from the Castro re- Let me tell you one of the policy night at a music and local dance club gime. changes. It is called ‘‘restore specific to hear performances by Cuba’s most On day 2 you get to visit the Museum licensing of educational exchanges not popular artists and you get to dance. It of the Revolution where you will learn involving academic study pursuant to a goes on and on. about the ethical foundations of the degree program under the auspices of Day 5 has dancing. Cuban revolution. This is not to be an organization that sponsors and or- Day 6, you get to visit the historic missed. Clearly we want to learn about ganizes people-to-people programs.’’ Granma Province, which is known as ethics from the Castro regime. Then What that means in plain English is you get to go to the Literacy Museum, this is not colleges or universities; the birthplace of Cuban nationality. where you get to learn about Cuba’s these are organizations not for degree You get to meet with the Cuban Insti- credits—educational in purpose, but tute for Friendship Between the Peo- war on illiteracy, which was one of not for degree credits. What we want to ple, which is a very catchy title. That Fidel Castro’s goals in his 1960 speech do is encourage them or allow them the night, you get to spend the evening at to the United Nations. Day No. 3, you get to meet the Min- opportunity to take Americans to Cuba Casa de la Trova to dance and take in istry of Public Health, which I assure under their auspices. a performance of Cuban artists. It goes Again, remember, the goal here is to on and on. you is a government employee, because bring about, as the President stated, Day 7. it sounds like it, Ministry of Public ‘‘the widely shared goal of a Cuba that Day 8. Health, and you get to discuss why rev- respects the basic rights of all of its This is quite an adventure and in olutionary ethics demand free public citizens.’’ That is the purpose of these pursuit of the government of Cuba that health care, while our own society will trips. respects the basic rights of all of its not even consider it. Very interesting. I decided to look up some of these citizens. It goes on and on. And, by the way, trips, and let’s look at some of the Let me share another one. Before I there is a bunch of dancing in this one itineraries. They are very interesting. get to one, I think this is another In- too. But I think you get the point. This Let me read you one. This one is from sight Cuba one. This one takes you, on is run by a group called the Center for an organization called Insight Cuba. It day 1—this is called the Havana Jazz Cuban Studies. is located in New York. I am not going Experience, and on day 1, it takes you Why do I say all of this? It is pretty to advertise their Web site. Let them to explore the famous Cathedral simple. There is this sports show, I pay for it. But I will tell you this. Square, the City Museum, and the Ha- think it is on ESPN on Sunday nights There is an itinerary for something vana Club Rum Museum. This is part of where they review NFL highlights. Mi- called the Cuban Music & Art Experi- this effort to bring about freedom and chael Irvin, who was a great player, ence. Sounds interesting, the Cuban democracy in Cuba. You get to go has a segment called ‘‘Come On, Man,’’ Music & Art Experience. Let’s go to there. At night, you go to the jazz club where they put on some ridiculous some of the highlights. La Zorra y el Cuervo. There you get to things that happened during the day. Day 2 in Havana. You are going to do some of the best dancing you can He is like, ‘‘Come on, man.’’ When I get to meet with the Castro Ministry of ever imagine, in a very intimate set- look at this stuff, you know what I Culture to learn how Cuba promotes ting. want to say? Come on, man. the arts on this diverse island. You are Day 3 brings you to Cojimar, which is This is about promoting democracy also going to get to spend the a village which is the setting for ‘‘The and freedom in Cuba? This is not about evening—and this will become a famil- Old Man and the Sea’’ which won the promoting freedom and democracy in iar theme here—dusting off your danc- Nobel prize for literature in 1954, Er- Cuba. This is nothing more than tour- ing shoes, because tonight you are nest Hemingway, very interesting. You ism. This is tourism for Americans who going to head off to Casa de la Musica. get to sit there at night and then you at best are curious about Cuba and, at Here you will enjoy performances by do get to go up to the hills where you worst, sympathize with the Cuban re- local Cuban artists and, of course, get to learn about the religion of gime. dance. They put an exclamation mark Santeria, which is an Afro-Cuban reli- You may ask: We are a free society. after it. This is an important part of gion. You get to learn all about that. Why would we restrict that? Here is this trip. This is day 2 of this trip de- Then at night you get to go back to why. Because this is not just a source signed to promote, as the President Havana—you guessed it—for dancing at of irritation; this is a source of hard wrote, ‘‘the widely shared goal of a a local jazz club. currency, of millions of dollars in the Cuba that respects the basic rights of Day 4, you get to go to the infamous hands of the Castro government that its citizens.’’ now—I have already mentioned it be- they use to oppress the Cuban people,

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.077 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8673 and to jail and hold hostage an Amer- The legislative clerk read as follows: Religious Freedom. However, as I will ican citizen, who today is being held CLOTURE MOTION outline below, I am concerned that hostage in Cuba, Alan Gross. By the We, the undersigned Senators, in accord- USCIRF has gone astray in recent way, after they took him hostage, we ance with the provisions of rule XXII of the years. Therefore, I offered an amend- implemented this policy. Standing Rules of the Senate, hereby move ment to H.R. 2867, the USCIRF Reau- So this policy is a reward for what? to bring to a close debate on the motion to thorization Act, including good-govern- Here is my challenge to the adminis- proceed to calendar No. 257, H.R. 3630, an Act ment reforms like term limits for Com- tration and the State Department. I to provide incentives for the creation of jobs, missioners, a prohibition on employee know you are not going to change your and for other purposes. discrimination, and a requirement that Harry Reid, Max Baucus, Kirsten E. mind. I know you people in this people- Gillibrand, Jeff Bingaman, Richard J. Commissioners follow Federal travel to-people stuff. I know someone has Durbin, Patrick J. Leahy, Joseph I. regulations. My amendment also in- sold you a bill of goods that this peo- Lieberman, Mark L. Pryor, Christopher cluded changes to H.R. 2867 that will ple-to-people travel is a good idea, it A. Coons, Patty Murray, Tom Udall, make USCIRF stronger, extending its will further democracy and freedom in Charles E. Schumer, Mark Begich, Rob- reauthorization from 2 to 3 years and Cuba. I get that. You are not going to ert P. Casey, Jr., Kent Conrad, Thomas increasing the number of Commis- change your mind. But at least exam- R. Carper. sioners from five to nine. The Durbin ine how this is being implemented, be- Mr. REID. Mr. President, I ask unan- amendment will allow the USCIRF to cause this is a charade. This is an em- imous consent that the mandatory more effectively pursue its mission. barrassment. These people are getting quorum under rule XXII be waived. On Monday, the Senate adopted my licenses to conduct this outrageous The PRESIDING OFFICER. Without amendment and passed the USCIRF re- tourism, which, quite frankly, borders objection, it is so ordered. authorization bill on a unanimous on indoctrination of Americans by Cas- f vote. The bill is now awaiting consider- ation in the House of Representatives. tro government officials. MORNING BUSINESS I hope we will continue to look at USCIRF’s current authorization is this, and that this administration, as Mr. REID. Mr. President, I ask unan- scheduled to expire tomorrow, Decem- part of its Western Hemispheric ap- imous consent that we proceed to a pe- ber 16, so I urge my colleagues in the proach, will look at these trips for riod of morning business and that Sen- House to quickly take up and pass H.R. what they are. They are an outrage. ators be allowed to speak for up to 10 2867. They are grotesque. They are providing minutes each. I would like to take a moment to hard currency to a regime that op- The PRESIDING OFFICER. Without outline the provisions of the amend- presses its people, that jails people be- objection, it is so ordered. ment that I offered to H.R. 2867. cause they disagree with the govern- f Although the plain language of USCIRF’s authorizing statute limits ment. It is wrong. This is not what we UNITED STATES COMMISSION ON Commissioners to two, 2-year terms, are about as a country. This cannot be INTERNATIONAL RELIGIOUS for a total of 4 years of service, this what we defend. Even if you agree with FREEDOM REFORM AND REAU- term limit has never been observed. In this people-to-people theory and con- THORIZATION ACT OF 2011 cept, you cannot justify how this pro- fact, several Commissioners have gram is being implemented, or these Mr. DURBIN. Mr. President, I rise in served more than 10 years. The mem- people who are getting licenses to con- support of H.R. 2867, the United States bers of many governmental boards and duct these kinds of trips. Commission on International Religious commissions are term limited, and I hope in our conversations with the Freedom Reform and Reauthorization USCIRF would be well served by the State Department about their appoint- Act of 2011. new ideas and fresh perspective that ments in the Western Hemisphere, and Many of our Nation’s Founders fled new Commissioners would bring. specifically the nomination of Roberta religious persecution, and they placed The House-passed version of H.R. 2867 Jacobsen, we will use that as an oppor- great importance on religious freedom. includes a provision that limits Com- tunity to examine how these programs George Washington summed up the missioners to serving two consecutive are being implemented. Because, quite prevailing view when he said, ‘‘In this terms. However, the bill creates two frankly, they are an outrage. land of equal liberty, it is our boast, new exceptions to the term limit provi- I suggest the absence of a quorum. that a man’s religious tenets will not sion in USCIRF’s existing authoriza- The PRESIDING OFFICER. The forfeit the protection of the laws.’’ tion. First, the bill would allow a Com- clerk will call the roll. In 1791, the first amendment of the missioner to serve an unlimited num- The bill clerk proceeded to call the Constitution was ratified, enshrining ber of nonconsecutive terms. Second, roll. freedom of religion as the ‘‘First Free- the bill would allow each current Com- Mr. REID. Mr. President, I ask unan- dom’’ of all Americans. The first missioner to complete his or her cur- imous consent that the order for the amendment became an inspiration to rent term and then serve one addi- quorum call be rescinded. people all over the world who struggle tional term, regardless of how long the The PRESIDING OFFICER. Without to throw off the yoke of religious per- Commissioner has served. As a result, objection, it is so ordered. secution. Commissioners who have already f Throughout our history, the United served more than 10 years would be States has sought to protect and pro- permitted to serve an additional full MIDDLE CLASS TAX RELIEF AND mote the fundamental human right of term and unlimited nonconsecutive JOB CREATION ACT OF 2011—MO- religious freedom at home and around terms. TION TO PROCEED the world. Just last week, on December These loopholes are a step backwards Mr. REID. Mr. President, I move to 10, we celebrated Human Rights Day, from existing law and undercut the proceed to Calendar No. 257, H.R. 3630. the 63rd anniversary of the Universal purpose of a term limit, which is to The PRESIDING OFFICER. The Declaration of Human Rights. After make sure that new voices from a clerk will report. World War II, under Eleanor Roo- range of viewpoints and faiths are ro- The legislative clerk read as follows: sevelt’s leadership, the United States tated into the Commission periodically Motion to proceed to Calendar No. 257, spearheaded the ratification of the Uni- to collaborate in strengthening and H.R. 3630, an act to provide incentives for the versal Declaration, which recognized shaping the Commission’s mandate. In creation of jobs, and for other purposes. freedom of religion as a fundamental keeping with this spirit, my amend- CLOTURE MOTION right of all people. ment includes in H.R. 2867 a firm term Mr. REID. Mr. President, I have a As the founding chairman of the limit of two, 2-year terms—4 years cloture motion at the desk. first-ever Senate subcommittee focused total—with no grandfathering of cur- The PRESIDING OFFICER. The clo- on human rights, I am deeply com- rent Commissioners. ture motion having been presented mitted to protecting religious freedom, USCIRF has taken the position that under rule XXII, the Chair directs the and I strongly support the mission of its employees do not enjoy the same clerk to read the motion. the U.S. Commission on International antidiscrimination protections as all

VerDate Mar 15 2010 04:21 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.078 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8674 CONGRESSIONAL RECORD — SENATE December 15, 2011 other Federal employees. It is simply gious Freedom, but I have been deeply scores of Americans were killed by unacceptable for a Federal agency troubled by allegations of misconduct, these mines, John and other coura- charged with promoting human rights misuse of funds, and discrimination at geous demolition engineers were re- to argue that it has the legal right to the Commission. For example, accord- sponsible for saving thousands of addi- discriminate against its employees. ing to the Washington Post: tional lives by dismantling the mines The Durbin amendment includes in Some past commissioners, staff and former throughout the war. H.R. 2867 a provision which allows staff of the U.S. Commission on Inter- Over the years John has received pending civil rights claims against national Religious Freedom say the agency many distinguished awards and honors USCIRF to proceed under the Congres- charged with advising the president and Con- for his bravery and service to our coun- sional Accountability Act. gress is rife, behind-the-scenes, with ide- try. Included in these honors are two The House-passed version of H.R. 2867 ology and tribalism, with commissioners fo- Purple Hearts, two Army Commenda- cusing on pet projects that are often based provided antidiscrimination protec- tion Medals for heroism and exception- on their own religious background. In par- ally meritorious achievement in the tions to USCIRF employees for future ticular, they say an anti-Muslim bias runs incidents of discrimination through the through the commission’s work. . . . Rumors Republic of Vietnam, two National De- Congressional Accountability Act. about infighting and ineffectiveness have fense medals, and the Republic of Viet- However, I was concerned that this swirled for years around the commission. nam Gallantry Cross with Palm, which provision did not apply to former em- My amendment will make good-gov- was awarded by the Republic of Viet- ployees or past discrimination. As a re- ernment reforms to USCIRF that nam to those who display valor and he- sult, there would have been no legal should help to address the concerns roic conduct in combat. These awards only represent a small remedy for any incidents of discrimina- that have been raised about USCIRF. portion of the gratitude we owe John tion that may have taken place prior Moreover, my amendment will make for his selflessness and courage. Ac- to enactment of H.R. 2867. USCIRF stronger by increasing the cording to the Department of the Specifically, last year a former number of Commissioners in the reau- Army’s account of a rescue mission in USCIRF employee filed a discrimina- thorization bill from five to nine and which John’s unit was sent to aid an tion claim based on her allegation that by extending the reauthorization from ambushed team, ‘‘John distinguished her permanent employment offer was 2 to 3 years. As chairman of the Judici- himself by exceptionally valorous ac- rescinded after the Commissioners ary Committee’s Constitution, Civil tion.... He demonstrated admirable learned of her prior job with a Muslim Rights, and Human Rights Sub- courage and devotion to duty as he un- civil rights organization. Though she committee and a member of the Appro- flinchingly performed his task without subsequently received a temporary priations Subcommittee on the Depart- regard to personal safety. His actions contract with USCIRF, she claims she ment of State, Foreign Operations, and were in keeping with the highest tradi- was terminated when she filed her dis- Related Programs, I will closely mon- tions of the military service and reflect crimination claim. The Commission ar- itor the work of the USCIRF in the great credit upon himself, his unit and gued that it is not subject to title VII coming months and years to ensure the United States Army.’’ of the Civil Rights Act of 1964. The case that it is functioning in a transparent Mr. President, I would ask that my is now on appeal. fashion and effectively performing its Senate colleagues join me in thanking There must be some avenue for re- mission of promoting and protecting SPC John O. Berry, Jr. for his sacrifice solving—on the merits—past allega- international religious freedom. and service. John’s heroism is truly in- tions that USCIRF discriminated I urge my colleagues in the House of spiring, and the people of our great against its employees. Accordingly, my Representatives to quickly take up and Commonwealth are grateful for his amendment to H.R. 2867 provides that pass H.R. 2867 so that the U.S. Commis- selflessness and service. The Wayne pending civil rights claims against sion on International Religious Free- County Outlook recently published an USCIRF may proceed under the Con- dom can be reauthorized. article thanking Specialist Berry and gressional Accountability Act. f highlighting his accomplishments. I The House-passed version of H.R. 2867 ask unanimous consent that the full TRIBUTE TO SPECIALIST JOHN O. reduced the number of Commissioners article be printed in the RECORD. from nine to five, which would make it BERRY, JR. There being no objection, the mate- more difficult for USCIRF to carry out Mr. MCCONNELL. Mr. President, I rial was ordered to be printed in the its mission. Moreover, the bill accom- stand today to honor an outstanding RECORD as follows: plished this reduction in a dispropor- Kentucky hero and patriot, SPC John [From the Wayne County Outlook, Nov. 9, tionate fashion by reducing the number O. Berry, Jr. SPC Berry is a veteran of 2011] of Commissioners appointed by the the Vietnam war who has received nu- BERRY RECEIVED MEDALS FOR SERVICE TO HIS President from three to one. The Dur- merous awards and commendations for COUNTRY bin amendment strikes the provision his heroism and bravery in serving his (By Harlan Ogle) from H.R. 2867 which reduces the num- country. Here’s the way the Department of the ber of Commissioners from nine to five. John O. Berry, Jr., of Wayne County, Army tells the story: He ‘‘distinguished him- Religious freedom advocates allege KY, grew up a typical kid—he spent his self by exceptionally valorous action . . . that some USCIRF Commissioners time hanging out with friends, listen- while serving as a member of a reactionary have traveled first class and stayed in ing to music, and enjoying time spent force sent to aid the mine sweep team which had been ambushed. . . . When he and other five-star hotels, in violation of Federal with his brothers and sisters. On Sep- members of the reaction force dismounted travel regulations. This is deeply trou- tember 18, 1968, however, John an- their vehicle they immediately came under bling, particularly during a time when swered a call to duty, and his life was heavy enemy fire. With complete disregard all Federal agencies are being asked to forever changed when he joined the for his own safety, [he] formed one line with do more with less. The Durbin amend- U.S. Army. the other members of the force and moved ment simply clarifies that USCIRF John received his introduction to the towards the front. He and the others laid Commissioners are subject to Federal Army and basic training at Fort Knox, down a base of fire which enabled the KY, before being sent to Fort Leonard trapped mine sweep to break contact. The re- travel regulations, like other Federal action force then advanced still further into employees. Wood, MO, to complete his advanced the kill zone to continue firing while Delta H.R. 2867 reauthorizes USCIRF until training. Four short months later, Company’s casualties were carried out. [He] September 30, 2013. With the good-gov- John had achieved the honor of combat demonstrated admirable courage and devo- ernment reforms in the Durbin amend- demolition specialist with Company A, tion to duty as he unflinchingly performed ment, it would be more appropriate to 299th Engineer Battalion, and was sent his tasks without regard to his personal safe- reauthorize USCIRF until September to a fire base in North Vietnam. ty. His cool-headedness in the face of condi- 30, 2014, so that USCIRF Commis- John’s job was especially dangerous. tions which would unnerve a weaker man served to inspire his comrades to follow suit. sioners and staff have more certainty He was responsible for ensuring the [His] actions were in keeping with the high- about the future of the Commission. roads were free of the many deadly est traditions of the military service and re- I strongly support the mission of the land mines that were strategically flect great credit upon himself, his unit and U.S. Commission on International Reli- placed by the Viet Cong. Although the United States Army.’’

VerDate Mar 15 2010 06:55 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.090 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8675 Could these words be a description of the he continued serving his country by joining There being no objection, the mate- bravery demonstrated by such heroes as Ser- the local National Guard. rial was ordered to be printed in the Today, John lives in the Gap of the Ridge geant Alvin York, who is probably the most RECORD, as follows: recognized veteran of World War I? Maybe community and walks among us as one of these words describe Audie Murphy, the our nation’s heroes. More especially, John is [From the Commonwealth Journal, Oct. 30, most decorated American of World War II? one of Wayne County’s heroes! 2011] No! He shares that role with two of his broth- SOMERSET WOMAN CELEBRATES 85TH BIRTH- These words describe the man who could be ers who also served in the military during DAY BY TAKING PLUNGE OUT OF AN AIR- Wayne County’s most decorated soldier of the Vietnam War: Ted in the Navy and Fred PLANE in the Army. the Vietnam War. (By Chris Harris) These are words that depict the extreme A grateful community proudly recognizes bravery of a veteran who still lives in our John O. Berry, Jr., and salutes him and all How does a woman who has traveled the midst. These words describe one of our coun- the other men and women who have sac- world, ripped the roadway on a Harley, and try’s real heroes. rificed more than the average citizen will hunted big game celebrate her 85th birthday? ever know. These are words contained in General By jumping out of an airplane, naturally. Specialist Four John O. Berry, Jr., we sa- Order 847 that officially awarded the Army Helen Hieronymus has lived a big life, no lute you and thank you from the bottom of Commendation Medal for Heroism to John O. question about it. Her name is familiar to our hearts for your service to our country! Berry, Jr., who presently lives in the Gap of many in Pulaski County, having touched the On Veterans Day 2011, we pray that you the Ridge community of Wayne County. community in many different ways—director will be able to accept the fact that you are, John is the son of Willie Lee (Sloan) Berry of the local United Way, Cub Scout den indeed, an American hero! mother, president of the Junior Women’s and Johnny Berry. You are our hero! He spent his childhood as most any other Club, and so much more. boy would—going to school, hanging out f You could say she’s lived a full life . . . yet with his friends, listening to music, growing she’s always looking for ways to make it TRIBUTE TO HELEN HIERONYMUS up with his brothers and sisters: Ted, Fred, even more full. George, Stella, Mae, Maggie, and Alene, and Mr. MCCONNELL. Mr. President, I ‘‘Of course,’’ said Hieronymus. ‘‘Why waste just generally enjoying life. stand today to pay tribute to an excep- it?’’ Until. tional Kentuckian, Helen Hieronymus Hieronymus turned 85 on October 20. She Until September 18, 1968. That’s when John of Somerset, KY. Helen, who recently had a yen to try her hand at skydiving. became a soldier in Uncle Sam’s Army. celebrated her 85th birthday, has lived Why? He took his basic training at Fort Knox a full and successful life and still ex- ‘‘God only knows,’’ quipped her daughter, and advanced training at Fort Leonard Wood hibits youthfulness far beyond her Janie Hail, known to many Somerset High in Missouri. Just four short months after en- years. School alumni as their former English teach- tering the Army, he was sent to a fire base er, now retired. ‘‘Mine was the voice in the in North Vietnam. On October 20, 2011, her birthday, Helen decided to celebrate in a rather background saying, Mother, are you sure you He had become a combat demolition spe- want to do this?’’’ unconventional way—she went sky- cialist with Company A, 299th Engineer Bat- In actuality, Hieronymus was inspired by a talion. diving. For those who know her, how- trip to Paris, France, about nine years ago, His was a dangerous job because he had the ever, her great leap wasn’t all that sur- where she witnessed a collection of para- responsibility of clearing the roads of the prising. Over the years, Helen has been troopers descend to the earth from three dif- deadly mines placed by the Viet Cong. a vibrant member of the local commu- ferent heights, landing in a circle. Thousands of American service men were nity—she has served as director of the Hieronymus’s reaction? ‘‘I thought that killed by these mines. However, because of local United Way, Cub Scout den moth- would be fun.’’ the sacrifice and courage of soldiers like er, and president of the Junior Wom- In fairness, Hieronymus had dreamed of John O. Berry, Jr., thousands of lives were being able to fly since she was only a child. saved as these demolition engineers disman- en’s Club, all while always entertaining Of course, she was smart enough not to try tled the mines. her adventurous appetite. Her travels it herself without a little experimentation Specialist Four John O. Berry, Jr., served have taken her fishing in Alaska, to first. his country with dedication and commit- the Great Wall of China, and to 80 dif- ment. That service was continually recog- ferent countries around the world. ‘‘I tried to teach my brother to fly by tying nized as he received numerous awards and Going skydiving has been an a sheet to his ankles and wrists and having him jump off the porch railing,’’ she re- commendations. Some of those distinguished unfulfilled desire of Helen’s for many awards include: called. ‘‘I was just testing it in that one years. As a child, Helen dreamed of (case).’’ —Two Purple Hearts (a combat decoration being able to fly. Then, about 9 years By the time she reached her 85th birthday, awarded to members of the Armed Forces ago, Helen was further inspired after who are wounded by an instrument of war in she’d done nearly everything else. the hands of the enemy). witnessing a collection of paratroopers Hieronymus reported having done a ‘‘bit of —An Army Commendation Medal with make their way to the ground while on traveling.’’ That’s only if you consider vis- first oak leaf cluster ‘‘for exceptionally mer- a trip to Paris. ‘‘I thought it would be iting 80 different countries to be ‘‘a bit.’’ itorious achievement in support of the fun,’’ she says. And so it was. She’s fished in Alaska, hunted wild beasts in United States’s objectives in the counterin- After ascending to 12,000 feet, Helen the field, and walked on the Great Wall of surgency effort in the Republic of Vietnam successfully completed a tandem jump China. Even recently, friend Tommy Cate .... Through his outstanding professional followed by a safe landing. ‘‘No prob- took her for a ride on a Harley-Davidson mo- torcycle. competence and devotion to duty he consist- lem at all,’’ she explained. ‘‘When you ently obtained superior results. Working Hieronymus kept her adventurous spirit come out of the plane, you do a free her whole life, but wasn’t able to fully ex- long and arduous hours, he set an example fall. You see the earth below you, and that inspired his associates to strive for plore it until years down the road. maximum achievement. The loyalty, initia- it’s amazing down there. I would do it ‘‘I had responsibilities to take care of, like tive and will to succeed that he dem- again.’’ three children and a husband and things like onstrated at all times materially contrib- Mr. President, Ms. Helen Hieronymus that,’’ she said. ‘‘Now they’re big enough to uted to the successful accomplishment of the is a courageous woman who has experi- take care of themselves.’’ mission of this command.’’ enced a lifetime of excitement and ful- Flying like a bird in the air, however, con- —A second Army Commendation Medal fillment. Helen’s community involve- tinued to elude her. Hieronymus had men- with ‘‘V’’ device ‘‘for heroism in the Repub- ment and adventurous spirit serve as tioned to her granddaughter that she would lic of Vietnam’’ distinguishing himself by an inspiration to Kentuckians every- like to do a parachute jump. As a result, all meritorious achievement and service. where, and it is my hope that she have of her grandchildren decided to chip in and buy ‘‘Granny’’ an opportunity to ‘‘jump out —Two National Defense medals. many more adventures to come. The of a perfectly good airplane,’’ as Hail put it. —Republic of Vietnam Gallantry Cross w/ Commonwealth Journal, a Somerset- Palm awarded by the Vietnam Government Hail wasn’t a fan of the idea. She con- to military personnel who have accom- area publication, recently published an stantly tried to talk her mother out of the plished deeds of valor and displayed heroic article highlighting Helen’s life of jour- idea, given the danger that falling to earth conduct while fighting the enemy. neys and daring parachute jump. I ask from 12,000 feet in the air could present. Eventually John was discharged from the unanimous consent that the full article ‘‘I’d think I had her talked out of it, but Army, and when he returned to Monticello, be printed in the RECORD. then it would come up again,’’ said Hail, who

VerDate Mar 15 2010 06:55 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.016 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8676 CONGRESSIONAL RECORD — SENATE December 15, 2011 characterized herself whimsically as the taxpayers and champion of government congratulations to Orono Middle coolly pragmatic complement to her moth- transparency. School in my State of Maine on being er’s free-spirited daredeviling. Devaney started his career as a cop named a National Blue Ribbon School ‘‘I suggested doing a zipline instead. She on the beat in Massachusetts. Then, by the U.S. Department of Education said that sounded like fun, that she hadn’t thought of that before,’’ added Hail, ‘‘and she Devaney went to work for the U.S. Se- earlier this year on September 14, espe- calls up the next day and says she’s going to cret Service until 1991, where he was cially as the school community gathers jump the next day.’’ the Special Agent-in-Charge of the to celebrate this milestone next week. Hail decided that if she couldn’t beat ’em, agency’s fraud division. In 1999, Presi- Since the inception of the National as the saying goes, that she would join ’em— dent Clinton appointed Devaney the in- Blue Ribbon School Program in 1982, on the ground as moral support, at any rate. spector general of the Interior Depart- the U.S. Department of Education has So earlier this month, she accompanied her ment. There, he gained wide renown for undergone a rigorous, selective process mother to the site of the Start Skydiving or- overseeing the public corruption inves- ganization’s site in Middletown, Ohio, where of identifying those exceptional the big jump would take place. tigations that helped lead to the con- schools nationwide where students at- What Hail saw when she got there didn’t victions of Jack Abramoff, a Wash- tain and maintain high academic goals. exactly bolster her confidence. She and ington superlobbyist and major bene- Needless to say, the bestowal of this Hieronymus watched as a group of skydivers ficiary of the congressional earmark well-earned, prestigious award speaks went earlier in the day. favor factory that polluted our politics volumes about Orono Middle School’s ‘‘The wind caught the chute of the last one for several decades. He also presided exemplary student accomplishments— coming in and rolled her over; it looked like over the landmark investigation of the and is an accolade in which all RSU 26 a disaster waiting to happen,’’ said Hail. ‘‘I royalties program in the Minerals Man- point that out to my mother, and said, ‘Did school board members, administrators, you see that?’ and she responded, ‘Well, she agement Service, finding a ‘‘culture of faculty, staff, and students—not to got up.’ ’’ ethical failure’’ among public officials mention our entire State—can cer- ‘‘I said, ‘Mom, she’s 20!’ ’’ there, involving illegal gifts, illegal tainly take enormous pride. The winds picked up throughout the day; drug abuse, sexual misbehavior and This distinguished recognition also as the hours rolled along, it looked more and more. affords Orono Middle School with an more like Hieronymus wouldn’t be able to In his role as the chief watchdog of ideal platform to share its outstanding make the jump, but she refused to leave. the Department of Interior, I got to After all, if she wanted to use the coupon her teaching models and approaches under grandchildren had given her as a gift, it know Earl and spent significant time the vision of Principal Robert Lucy would have to be by Thanksgiving; that time visiting with him. What I have learned with other schools—an opportunity in mid-October might have been her last op- to appreciate about him was his hon- which aligns with the larger effort of portunity to do so. esty, integrity and forthrightness. the Department of Education to facili- So Hieronymus held on to be in the last In February 2009, President Obama tate the robust exchange of the best group to go up into the sky that day. The named Devaney to head the Recovery school leadership and teaching prac- plane climbed to 12,000 feet before she was Board, which is charged with over- tices. able to make the tandem jump with her in- seeing the American Recovery and Re- structor (they were connected to each other, Just as the Bangor region, where but he was wearing the parachute). investment Act, ARRA. In this posi- Orono is located, is the gateway to the ‘‘They put a jumpsuit on you and zip you tion, he was integral to making sure natural wonders of the North Maine up,’’ Hieronymus explained. ‘‘Then they put that the spending in the stimulus was Woods and Acadia National Park, it is the harness on you. Janie was there coach- as transparent as possible. also a gateway to excellence in edu- ing.’’ At the end of the year, Mr. Devaney cation. That is certainly the case at Hieronymus took no apprehension with her will be resigning from three posts: the into the airplane and left no regrets floating the university level at the University Chair of the Recovery Board, inspector of Maine, my alma mater, as well as at in the air. She made a successful jump and general for the Department of the Inte- landed on the earthen floor no worse for the the primary school level at Orono Mid- wear. rior, and Chairman of the Government dle School, where challenging and cul- ‘‘No problems at all,’’ she said. ‘‘I would do Accountability and Transparency tivating young minds is paramount; it again.’’ Board, the position that Vice President curiosity is prized; character is re- For Hieronymus, this was a ‘‘bucket list’’ BIDEN appointed him to for managing warded; enthusiasm is contagious; val- item: Something she wanted to make sure the administration’s efforts to reduce ues are imparted; and an exuberant and experience before she passed away, as government waste and to provide ‘‘con- referenced in the film called ‘‘The Bucket love of learning is palpable, even at crete methods’’ for improving over- times audible, and always ever-present. List.’’ It certainly lived up to the expecta- sight and transparency of Federal tions. Principal Lucy aptly characterized funds. ‘‘When you come out of the plane, you do this spirit and energy when he wrote I can’t think of a tougher defender of a free fall,’’ said Hieronymus. ‘‘You see the that ‘‘a visitor walking the halls hears the interests of citizens and taxpayers earth below you, and it’s amazing down parents conversing with teachers and in the Federal Government than Mr. there.’’ students, actors exchanging lines, art- Her thoughts upon landing? ‘‘Oh shucks, Devaney. As one of the best inspectors ists collaborating on projects, mathe- I’m back on land.’’ general, his dogged pursuits of corrup- maticians solving team challenges, and Hieronymus laughed as she noted that she tion and waste in government will be coaches encouraging athletes. The had a video of the event that she would show missed. sounds of our community make it clear at her place of worship, First United Meth- In his resignation letter to President odist Church, to entertain her friends there. that Orono Middle School thrives, Obama, Mr. Devaney thanked the And despite Hail’s skeptical nature, her largely because our students are con- President for the ‘‘opportunities you mother’s exploits have managed to serve as nected to our school.’’ And, thrive, it have given me to serve my country, an inspiration. has, as Orono Middle School is exem- ‘‘Oh my gosh, I felt younger,’’ said Hail. ‘‘If and I will always look fondly on my plifying Maine’s motto, ‘‘Dirigo’’ or ‘‘I an 85-year-old can do that, surely I’m not decades as a public servant.’’ Lead’’ and in doing so, ensuring that that old.’’ Mr. Devaney, the American people the seeds of hope for the next genera- f will also look fondly on years of public tion are firmly planted and taking service. Thank you for all you have TRIBUTE TO EARL DEVANEY root. done. Mr. COBURN. Mr. President, I rise Orono Middle School is proof positive today to give tribute to Mr. Earl f that our State’s hallmark work ethic Devaney, who will be retiring from 42 ADDITIONAL STATEMENTS and can-do spirit are alive and well. years of public service at the end of Orono Middle School is a top-per- this year. forming institution on State-required In an era when the American people RECOGNIZING ORONO MIDDLE assessments, which teachers use to cus- have a record-level of distrust in gov- SCHOOL tomize and improve instruction. ernment, Mr. Devaney has risen above ∑ Ms. SNOWE. Mr. President, today I Eighty percent of Orono Middle partisanship as a staunch defender of wish to offer my heartfelt and warm School’s faculty have advanced degrees

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.015 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8677 and its award-winning roster of teach- S. 384. An act to amend title 39, United transmitting, pursuant to law, the report of ers place a premium on professional de- States Code, to extend the authority of the a rule entitled ‘‘Farm Loan Programs Loan velopment. The school goes the extra United States Postal Service to issue a Making Activities’’ (RIN0560-AI03) received mile to ensure that 100 percent of the semipostal to raise funds for breast cancer in the Office of the President of the Senate research. on December 12, 2011; to the Committee on student body participates in co-cur- The enrolled bill was subsequently Agriculture, Nutrition, and Forestry. ricular activities and that the per- EC–4316. A communication from the Man- vading climate is one of trust, purpose, signed by the President pro tempore agement Analyst, Grain Inspection, Packers and dignity. This focus also helps cre- (Mr. INOUYE). and Stockyards Administration, Department ate an atmosphere where consensus of Agriculture, transmitting, pursuant to At 3:45 p.m., a message from the and collaboration are the order of the law, the report of a rule entitled ‘‘Implemen- House of Representatives, delivered by day and where parents are actively en- tation of Regulations Required Under Title Mr. Novotny, one of its reading clerks, XI of the Food, Conservation and Energy Act gaged in the learning process of their announced that the House has passed of 2008; Suspension of Delivery of Birds, Ad- children. the following bills, in which it requests ditional Capital Investment Criteria, Breach I cannot underscore enough just how the concurrence of the Senate: of Contract, and Arbitration’’ (RIN0580-AB07) instrumental schools like Orono Mid- received in the Office of the President of the dle School are to the overall progress H.R. 443. An act to provide for the convey- Senate on December 13, 2011; to the Com- ance of certain property from the United mittee on Agriculture, Nutrition, and For- of our tremendous State of Maine and States to the Maniilaq Association located indeed in brightening the horizons of estry. in Kotzebue, Alaska. EC–4317. A communication from the Ad- this great land we love. What American H.R. 886. An act to require the Secretary of ministrator, Rural Utilities Service, Depart- and Maine political icon, U.S. Senator the Treasury to mint coins in commemora- ment of Agriculture, transmitting, pursuant Margaret Chase Smith, once expressed tion of the 225th anniversary of the estab- to law, the report of a rule entitled ‘‘Stand- in words Orono Middle School has dem- lishment of the Nation’s first Federal law en- ards and Specifications for Timber Products onstrated in action; namely, that ‘‘edu- forcement agency, the United States Mar- Acceptable for Use by Rural Utilities Service cation is not a means to life but edu- shals Service. Electric and Telecommunications Bor- H.R. 2719. An act to ensure public access to rowers’’ (7 CFR Parts 1728 and 1755) received cation is life and must not be ignored.’’ the summit of Rattlesnake Mountain in the Orono Middle School has my very in the Office of the President of the Senate Hanford Reach National Monument for edu- on December 12, 2011; to the Committee on best wishes on receiving the National cational, recreational, historical, scientific, Agriculture, Nutrition, and Forestry. Blue Ribbon School designation this cultural, and other purposes. EC–4318. A communication from the Direc- year which could not be more well-de- H.R. 3659. An act to reauthorize the pro- tor of the Regulatory Management Division, served.∑ gram of block grants to States for temporary Environmental Protection Agency, transmit- assistance for needy families through fiscal ting, pursuant to law, the report of a rule en- f year 2012, and for other purposes. titled ‘‘Butyl acrylate-methacrylic acid-sty- MESSAGES FROM THE PRESIDENT f rene polymer; Tolerance Exemption’’ (FRL No. 9327–6) received in the Office of the Presi- Messages from the President of the MEASURES REFERRED dent of the Senate on December 14, 2011; to United States were communicated to The following bills were read the first the Committee on Agriculture, Nutrition, the Senate by Mr. Pate, one of his sec- and Forestry. and the second times by unanimous retaries. EC–4319. A communication from the Direc- consent, and referred as indicated: tor of the Regulatory Management Division, f H.R. 443. An act to provide for the convey- Environmental Protection Agency, transmit- EXECUTIVE MESSAGES REFERRED ance of certain property from the United ting, pursuant to law, the report of a rule en- States to the Maniilaq Association located titled ‘‘Hexythiazox; Pesticide Tolerances’’ As in executive session the Presiding in Kotzebue, Alaska; to the Committee on (FRL No. 9327–7) received in the Office of the Officer laid before the Senate messages Indian Affairs. President of the Senate on December 14, 2011; from the President of the United H.R. 2668. An act to designate the station to the Committee on Agriculture, Nutrition, States submitting sundry nominations of the United States Border Patrol located at and Forestry. 2136 South Naco Highway in Bisbee, Arizona, EC–4320. A communication from the Under and a withdrawal which were referred Secretary of Defense (Personnel and Readi- to the appropriate committees. as the ‘‘Brian A. Terry Border Patrol Sta- tion’’; to the Committee on Homeland Secu- ness), transmitting the report of two (2) offi- (The nominations received today are rity and Governmental Affairs. cers authorized to wear the insignia of the printed at the end of the Senate H.R. 2719. An act to ensure public access to grade of rear admiral (lower half), in accord- proceedings.) the summit of Rattlesnake Mountain in the ance with title 10, United States Code, sec- tion 777; to the Committee on Armed Serv- f Hanford Reach National Monument for edu- cational, recreational, historical, scientific, ices. MESSAGES FROM THE HOUSE cultural, and other purposes; to the Com- EC–4321. A communication from the Chief mittee on Energy and Natural Resources. Counsel, Federal Emergency Management At 12:15 p.m., a message from the H.R. 3659. An act to reauthorize the pro- Agency, Department of Homeland Security, House of Representatives, delivered by gram of block grants to States for temporary transmitting, pursuant to law, the report of Mr. Novotny, one of its reading clerks, assistance for needy families through fiscal a rule entitled ‘‘Suspension of Community announced that the House has passed year 2012, and for other purposes; to the Eligibility’’ ((44 CFR Part 64)(Docket No. the following bills, in which it requests Committee on Finance. FEMA–2011–0002)) received in the Office of the concurrence of the Senate: the President of the Senate on December 12, f 2011; to the Committee on Banking, Housing, H.R. 1264. An act to designate the property MEASURES READ THE FIRST TIME and Urban Affairs. between the United States Federal Court- EC–4322. A communication from the Assist- house and the Ed Jones Building located at The following bill was read the first ant Secretary for Export Administration, 109 South Highland Avenue in Jackson, Ten- time: Bureau of Industry and Security, Depart- nessee, as the ‘‘M.D. Anderson Plaza’’ and to H.R. 3094. An act to amend the National ment of Commerce, transmitting, pursuant authorize the placement of a historical/iden- Labor Relations Act with respect to rep- to law, the report of a rule entitled ‘‘Addi- tification marker on the grounds recognizing resentation hearings and the timing of elec- tion of Certain Persons to the Entity List; the achievements and philanthropy of M.D. tions of labor organizations under that Act. and Implementation of Entity List Annual Anderson. Review Changes’’ (RIN0694-AF46) received in H.R. 2668. An act to designate the station f the Office of the President of the Senate on of the United States Border Patrol located at December 13, 2011; to the Committee on 2136 South Naco Highway in Bisbee, Arizona, EXECUTIVE AND OTHER Banking, Housing, and Urban Affairs. as the ‘‘Brian A. Terry Border Patrol Sta- COMMUNICATIONS EC–4323. A communication from the Chair- tion’’. The following communications were man and President of the Export-Import ENROLLED BILLS SIGNED laid before the Senate, together with Bank, transmitting, pursuant to law, a re- At 1:25 p.m., a message from the port relative to transactions involving U.S. accompanying papers, reports, and doc- exports to Turkey; to the Committee on House of Representatives, delivered by uments, and were referred as indicated: Banking, Housing, and Urban Affairs. Mr. Novotny, one of its reading clerks, EC–4315. A communication from the Direc- EC–4324. A communication from the Chair, announced that the Speaker has signed tor of the Regulatory Review Group, Farm U.S. Sentencing Commission, transmitting, the following enrolled bill: Service Agency, Department of Agriculture, pursuant to law, a report relative to the

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.042 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8678 CONGRESSIONAL RECORD — SENATE December 15, 2011 Comprehensive Iran Sanctions Account- Depleting Substances’’ (FRL No. 9507–6) re- of Administrative Errors; Court Orders and ability and Divestment Act of 2010; to the ceived in the Office of the President of the Legal Processes Affecting Thrift Savings Committee on Banking, Housing, and Urban Senate on December 14, 2011; to the Com- Plan Accounts’’ (5 CFR Parts 1605 and 1653) Affairs. mittee on Environment and Public Works. received in the Office of the President of the EC–4325. A communication from the Sec- EC–4333. A communication from the Direc- Senate on December 14, 2011; to the Com- retary of the Commission, Bureau of Con- tor of the Regulatory Management Division, mittee on Homeland Security and Govern- sumer Protection, Federal Trade Commis- Environmental Protection Agency, transmit- mental Affairs. sion, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- EC–4343. A communication from the Chief port of a rule entitled ‘‘Business Opportunity titled ‘‘Approval and Promulgation of Imple- Financial Officer, Farm Credit System In- Rule’’ (RIN3084-AB04) received in the Office mentation Plans: Kentucky; Visibility Im- surance Corporation, transmitting, pursuant of the President of the Senate on December pairment Prevention for Federal Class I to law, a report relative to the requirements 14, 2011; to the Committee on Commerce, Areas; Removal of Federally Promulgated of the Federal Managers’ Financial Integrity Science, and Transportation. Provisions’’ (FRL No. 9507–3) received in the Act and the Inspector General Act of 1978; to EC–4326. A communication from the Dep- Office of the President of the Senate on De- the Committee on Homeland Security and uty Assistant Administrator for Operations, cember 14, 2011; to the Committee on Envi- Governmental Affairs. EC–4344. A communication from the Direc- National Marine Fisheries Service, Depart- ronment and Public Works. ment of Commerce, transmitting, pursuant EC–4334. A communication from the Chief tor of Administration, National Labor Rela- to law, the report of a rule entitled ‘‘Fish- of the Publications and Regulations Branch, tions Board, transmitting, pursuant to law, a report entitled ‘‘Performance and Account- eries of the Exclusive Economic Zone Off Internal Revenue Service, Department of the ability Report Fiscal Year 2011’’; to the Com- Alaska; Bering Sea and Aleutian Islands Treasury, transmitting, pursuant to law, the mittee on Homeland Security and Govern- Management Area; Limited Access Privilege report of a rule entitled ‘‘William and Shar- mental Affairs. Program’’ (RIN0648-BA18) received in the Of- on Norris v. Commissioner, T.C. Memo 2011– EC–4345. A communication from the Chair- fice of the President of the Senate on Decem- 161’’ (AOD–2011–05) received in the Office of man of the Merit Systems Protection Board, ber 12, 2011; to the Committee on Commerce, the President of the Senate on December 13, transmitting, pursuant to law, a report enti- Science, and Transportation. 2011; to the Committee on Finance. tled ‘‘Blowing the Whistle: Barriers to Fed- EC–4327. A communication from the Direc- EC–4335. A communication from the Chief eral Employees Making Disclosures’’; to the tor of the Regulatory Management Division, of the Publications and Regulations Branch, Committee on Homeland Security and Gov- Environmental Protection Agency, transmit- Internal Revenue Service, Department of the ernmental Affairs. ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the EC–4346. A communication from the Vice titled ‘‘Approval and Promulgation of State report of a rule entitled ‘‘Employer’s Annual President for Administration and Finance Implementation Plans: Oregon’’ (FRL No. Federal Tax Return and Modifications to the and Chief Financial Officer, Millennium 9248–1) received in the Office of the President Deposit Rules’’ (RIN1545-BK82) received in Challenge Corporation, transmitting, pursu- of the Senate on December 14, 2011; to the the Office of the President of the Senate on ant to law, the corporation’s Agency Finan- Committee on Environment and Public December 13, 2011; to the Committee on Fi- cial Report for fiscal year 2011; to the Com- Works. nance. mittee on Homeland Security and Govern- EC–4328. A communication from the Direc- EC–4336. A communication from the Chief mental Affairs. tor of the Regulatory Management Division, of the Publications and Regulations Branch, EC–4347. A communication from the Sec- Environmental Protection Agency, transmit- Internal Revenue Service, Department of the retary of Education, transmitting, pursuant ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the to law, the Department’s Agency Financial titled ‘‘Revisions to the California State Im- report of a rule entitled ‘‘Targeted Popu- Report for fiscal year 2011; to the Committee plementation Plan, South Coast Air Quality lations Under Section 45D(e)(2)’’ (RIN1545- on Homeland Security and Governmental Af- Management District’’ (FRL No. 9499–9) re- BE89) received in the Office of the President fairs. ceived in the Office of the President of the of the Senate on December 13, 2011; to the EC–4348. A communication from the Ad- Senate on December 14, 2011; to the Com- Committee on Finance. ministrator of the Environmental Protection mittee on Environment and Public Works. EC–4337. A communication from the Chief Agency, transmitting, pursuant to law, the EC–4329. A communication from the Direc- of the Publications and Regulations Branch, Semi-Annual Report of the Inspector Gen- tor of the Regulatory Management Division, Internal Revenue Service, Department of the eral for the period from April 1, 2011 through Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the September 30, 2011 and the Compendium of ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Sample Plan Unimplemented Recommendations from the titled ‘‘Approval and Promulgation of Imple- Amendment for Section 436’’ (Notice 2011–96) period from April 1, 2011 through September mentation Plans and Designation of Areas received in the Office of the President of the 30, 2011; to the Committee on Homeland Se- for Air Quality Planning Purposes; Ken- Senate on December 13, 2011; to the Com- curity and Governmental Affairs. EC–4349. A communication from the Presi- tucky; Redesignation of the Kentucky Por- mittee on Finance. tion of the Cincinnati-Hamilton, OH-KY-IN EC–4338. A communication from the Sec- dent of the Federal Financing Bank, trans- mitting, pursuant to law, the Bank’s Annual 1997 Annual Fine Particulate Matter Non- retary of Health and Human Services, trans- Report for Fiscal Year 2011; to the Com- attainment Area to Attainment’’ (FRL No. mitting, pursuant to law, a report entitled mittee on Homeland Security and Govern- 9506–3) received in the Office of the President ‘‘Report to Congress on the Evaluation of mental Affairs. of the Senate on December 14, 2011; to the the Quality Improvement Organization (QIO) EC–4350. A communication from the Chief Committee on Environment and Public Program for Medicare Beneficiaries for Fis- Executive Officer, Millennium Challenge Works. cal Year 2008’’; to the Committee on Finance. Corporation, transmitting, pursuant to law, EC–4330. A communication from the Direc- EC–4339. A communication from the Assist- the Office of Inspector General’s Semiannual tor of the Regulatory Management Division, ant Legal Adviser for Treaty Affairs, Depart- Report for the period of April 1, 2011 through Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to the September 30, 2011; to the Committee on ting, pursuant to law, the report of a rule en- Case-Zablocki Act, 1 U.S.C. 112b, as amended, Homeland Security and Governmental Af- titled ‘‘Approval and Promulgation of Imple- the report of the texts and background state- fairs. mentation Plans; State of Missouri’’ (FRL ments of international agreements, other EC–4351. A communication from the Direc- No. 9505–8) received in the Office of the Presi- than treaties (List 2011–0189—2011–0201); to tor of the Peace Corps, transmitting, pursu- dent of the Senate on December 14, 2011; to the Committee on Foreign Relations. ant to law, the Office of Inspector General’s the Committee on Environment and Public EC–4340. A communication from the Execu- Semiannual Report for the period of April 1, Works. tive Analyst, Office of the Secretary, Depart- 2011 through September 30, 2011; to the Com- EC–4331. A communication from the Direc- ment of Health and Human Services, trans- mittee on Homeland Security and Govern- tor of the Regulatory Management Division, mitting, pursuant to law, a report relative to mental Affairs. Environmental Protection Agency, transmit- a vacancy in the position of Administrator, EC–4352. A communication from the Chair- ting, pursuant to law, the report of a rule en- Centers for Medicare and Medicaid Services, man of the Federal Trade Commission, titled ‘‘Protection of Stratospheric Ozone: Department of Health and Human Services; transmitting, pursuant to law, the Semi-An- Listing of Substitutes for Ozone-Depleting to the Committee on Health, Education, nual Report of the Inspector General for the Substances-Hydrocarbon Refrigerants’’ (FRL Labor, and Pensions. period from April 1, 2011 through September No. 9507–7) received in the Office of the Presi- EC–4341. A communication from the Direc- 30, 2011; to the Committee on Homeland Se- dent of the Senate on December 14, 2011; to tor, National Science Foundation, transmit- curity and Governmental Affairs. the Committee on Environment and Public ting, pursuant to law, the 2009–2010 Com- EC–4353. A communication from the Gen- Works. mittee on Equal Opportunities in Science eral Counsel, Executive Office for Immigra- EC–4332. A communication from the Direc- and Engineering (CEOSE) Biennial Report to tion Review, Department of Justice, trans- tor of the Regulatory Management Division, Congress; to the Committee on Health, Edu- mitting, pursuant to law, the report of a rule Environmental Protection Agency, transmit- cation, Labor, and Pensions. entitled ‘‘Civil Monetary Penalties Inflation ting, pursuant to law, the report of a rule en- EC–4342. A communication from the Gen- Adjustment’’ (RIN1125-AA69) received in the titled ‘‘Protection of Stratospheric Ozone: eral Counsel, Federal Retirement Thrift In- Office of the President of the Senate on De- Extension of the Laboratory and Analytical vestment Board, transmitting, pursuant to cember 14, 2011; to the Committee on the Ju- Use Exemption for Essential Class I Ozone- law, the report of a rule entitled ‘‘Correction diciary.

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.032 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8679 REPORTS OF COMMITTEES Abner Perry V. Valenzuela, which nomina- Navy nomination of Matthew R. Loe, to be tions were received by the Senate and ap- Lieutenant Commander. The following reports of committees peared in the CONGRESSIONAL RECORD on No- Navy nomination of Thomas P. English, to were submitted: vember 1, 2011. be Lieutenant Commander. By Mr. LIEBERMAN, from the Committee Air Force nominations beginning with Joel Navy nominations beginning with Richard on Homeland Security and Governmental Af- O. Almosara and ending with Annette J. A. Ackerman and ending with Adam I. fairs, without amendment: Williamson, which nominations were re- Zaker, which nominations were received by H.R. 789. A bill to designate the facility of ceived by the Senate and appeared in the the Senate and appeared in the CONGRES- the United States Postal Service located at CONGRESSIONAL RECORD on November 1, 2011. SIONAL RECORD on November 30, 2011. 20 Main Street in Little Ferry, New Jersey, Air Force nominations beginning with By Mr. BINGAMAN for the Committee on as the ‘‘Sergeant Matthew J. Fenton Post Keith Allen Allbritten and ending with Greg- Energy and Natural Resources: Office’’. ory S. Woodrow, which nominations were re- *Arunava Majumdar, of California, to be H.R. 2422. A bill to designate the facility of ceived by the Senate and appeared in the Under Secretary of Energy. the United States Postal Service located at CONGRESSIONAL RECORD on November 30, 2011. By Mr. LEAHY for the Committee on the 45 Bay Street, Suite 2, in Staten Island, New Air Force nominations beginning with Judiciary: York, as the ‘‘Sergeant Angel Mendez Post Christon Michael Gibb and ending with Thad Brian C. Wimes, of Missouri, to be United Office’’. M. Reddick, which nominations were re- States District Judge for the Eastern and By Mr. LEAHY, from the Committee on ceived by the Senate and appeared in the Western Districts of Missouri. the Judiciary, without amendment: CONGRESSIONAL RECORD on November 30, 2011. *Nomination was reported with rec- S. 1236. A bill to reduce the trafficking of Army nominations beginning with Michael S. Funk and ending with John W. Rueger, ommendation that it be confirmed sub- drugs and to prevent human smuggling ject to the nominee’s commitment to across the Southwest Border by deterring which nominations were received by the Sen- the construction and use of border tunnels. ate and appeared in the CONGRESSIONAL respond to requests to appear and tes- By Mr. LEAHY, from the Committee on RECORD on November 30, 2011. tify before any duly constituted com- Army nominations beginning with Jarrod the Judiciary, with an amendment: mittee of the Senate. W. Hudson and ending with Charles B. S. 1821. A bill to prevent the termination of (Nominations without an asterisk Wagenblast, which nominations were re- the temporary office of bankruptcy judges in ceived by the Senate and appeared in the were reported with the recommenda- certain judicial districts. CONGRESSIONAL RECORD on November 30, 2011. tion that they be confirmed.) f Army nomination of Kari L. Crawford, to f be Major. EXECUTIVE REPORTS OF Army nominations beginning with Henry INTRODUCTION OF BILLS AND COMMITTEES H. Beaulieu and ending with Eric K. Little, JOINT RESOLUTIONS The following executive reports of which nominations were received by the Sen- The following bills and joint resolu- ate and appeared in the CONGRESSIONAL tions were introduced, read the first nominations were submitted: RECORD on November 30, 2011. By Mr. LEVIN for the Committee on Army nominations beginning with Donald and second times by unanimous con- Armed Services: B. Absher and ending with Irene M. Zoppi, sent, and referred as indicated: *Brad Carson, of Oklahoma, to be General which nominations were received by the Sen- By Ms. AYOTTE (for herself, Mr. Counsel of the Department of the Army. ate and appeared in the CONGRESSIONAL RUBIO, and Mr. JOHNSON of Wis- *Michael A. Sheehan, of New Jersey, to be RECORD on November 30, 2011. consin): an Assistant Secretary of Defense. Army nominations beginning with James S. 1996. A bill to amend the Congressional Air Force nomination of Col. Merle D. S. Aranyi and ending with Mark A. Young, Budget Act of 1974 to provide for macro- Hart, to be Brigadier General. which nominations were received by the Sen- economic analysis of the impact of legisla- Air Force nomination of Lt. Gen. Frank ate and appeared in the CONGRESSIONAL tion; to the Committee on the Budget. Gorenc, to be Lieutenant General. RECORD on November 30, 2011. By Mr. VITTER (for himself, Mr. Air Force nomination of Col. Brian E. Army nominations beginning with Mitch- CRAPO, Mr. JOHANNS, Mr. TOOMEY, Dominguez, to be Brigadier General. ell J. Abel and ending with Thomas M. Mr. DEMINT, Mr. PAUL, Mr. RISCH, Air Force nomination of Col. John P. Zubik, which nominations were received by Mr. CORNYN, and Mr. LEE): Currenti, to be Brigadier General. the Senate and appeared in the CONGRES- S. 1997. A bill to prohibit the Secretary of Air Force nominations beginning with SIONAL RECORD on November 30, 2011. the Treasury from providing extra support to Colonel John D. Bansemer and ending with Army nominations beginning with Nancy the Federal Housing Administration; to the Colonel Sarah E. Zabel, which nominations L. Davis and ending with Sheila Villines, Committee on Banking, Housing, and Urban were received by the Senate and appeared in which nominations were received by the Sen- Affairs. the CONGRESSIONAL RECORD on November 30, ate and appeared in the CONGRESSIONAL By Mr. BROWN of Massachusetts (for 2011. (minus 1 nominee: Colonel Ricky J. RECORD on November 30, 2011. himself, Mr. CARPER, and Mr. JOHN- Locastro) Army nomination of Genevieve L. Costello, SON of Wisconsin): Army nomination of Brig. Gen. Michael J. to be Major. S. 1998. A bill to obtain an unqualified Lally III, to be Major General. Army nominations beginning with Robert audit opinion, and improve financial ac- Army nominations beginning with Colonel J. Newsom and ending with Richard Y. Yoon, countability and management at the Depart- John W. Baker and ending with Colonel Eric which nominations were received by the Sen- ment of Homeland Security; to the Com- P. Wendt, which nominations were received ate and appeared in the CONGRESSIONAL mittee on Homeland Security and Govern- RECORD on November 30, 2011. by the Senate and appeared in the CONGRES- mental Affairs. Army nominations beginning with Richard SIONAL RECORD on May 23, 2011. (minus 2 By Ms. KLOBUCHAR (for herself and A. Daniels and ending with Stephen M. nominees: Colonel John H. Hort; Colonel Mr. FRANKEN): Langlois, which nominations were received Robert P. White) S. 1999. A bill to amend title XVIII of the by the Senate and appeared in the CONGRES- Army nomination of Brig. Gen. Lynn A. Social Security Act to apply the frailty ad- SIONAL RECORD on November 30, 2011. Collyar, to be Major General. Army nominations beginning with Arthur justment under PACE payment rules to cer- Army nomination of Maj. Gen. Mary A. E. Rabenhorst and ending with Steven J. tain specialized MA plans for special needs Legere, to be Lieutenant General. Svabek, which nominations were received by individuals; to the Committee on Finance. Army nomination of Col. Jimmie O. Keen- By Mr. KOHL: the Senate and appeared in the CONGRES- an, to be Major General. S. 2000. A bill to amend the copyright law SIONAL RECORD on November 30, 2011. Mr. LEVIN. Mr. President, for the Army nomination of Harvey D. Hudson, to to secure the rights of artists of works of vis- Committee on Armed Services I report be Major. ual art to provide for royalties, and for other purposes; to the Committee on the Judici- favorably the following nomination Army nomination of William H. Carothers, to be Major. ary. lists which were printed in the RECORDs Army nominations beginning with Todd S. By Mr. WYDEN (for himself and Mr. on the dates indicated, and ask unani- Albright and ending with D001765, which MERKLEY): mous consent, to save the expense of nominations were received by the Senate and S. 2001. A bill to expand the Wild Rogue reprinting on the Executive Calendar appeared in the CONGRESSIONAL RECORD on Wilderness Area in the State of Oregon, to that these nominations lie at the Sec- December 5, 2011. make additional wild and scenic river des- retary’s desk for the information of Army nominations beginning with ignations in the Rogue River area, to provide Senators. Larrington R. Connell and ending with Ri- additional protections for Rogue River tribu- taries, and for other purposes; to the Com- The PRESIDING OFFICER. Without cardo J. Vendrell, which nominations were received by the Senate and appeared in the mittee on Energy and Natural Resources. objection, it is so ordered. CONGRESSIONAL RECORD on December 5, 2011. By Mrs. FEINSTEIN (for herself, Mr. Air Force nominations beginning with Navy nomination of Andrew K. Ledford, to SESSIONS, Mr. SCHUMER, and Mr. COR- Christine L. Blicebaum and ending with be Lieutenant Commander. NYN):

VerDate Mar 15 2010 07:06 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.029 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8680 CONGRESSIONAL RECORD — SENATE December 15, 2011 S. 2002. A bill to amend the Federal Food, S. 431 1606, a bill to reform the process by Drug, and Cosmetic Act to improve the safe- At the request of Mr. PRYOR, the which Federal agencies analyze and ty of Internet pharmacies; to the Committee names of the Senator from California formulate new regulations and guid- on Health, Education, Labor, and Pensions. (Mrs. BOXER), the Senator from Iowa ance documents. By Mrs. FEINSTEIN (for herself, Mr. LEAHY, Mr. LEE, Mr. UDALL of Colo- (Mr. GRASSLEY), the Senator from Vir- S. 1680 rado, Mr. KIRK, Mrs. GILLIBRAND, Mr. ginia (Mr. WARNER), the Senator from At the request of Mr. CONRAD, the PAUL, Mr. COONS, Mr. DURBIN, Mr. Wisconsin (Mr. KOHL), the Senator name of the Senator from Hawaii (Mr. NELSON of Florida, Mrs. SHAHEEN, from New Jersey (Mr. MENENDEZ) and AKAKA) was added as a cosponsor of S. Mr. UDALL of New Mexico, Mr. the Senator from South Dakota (Mr. 1680, a bill to amend title XVIII of the FRANKEN, and Mrs. MCCASKILL): THUNE) were added as cosponsors of S. Social Security Act to protect and pre- S. 2003. A bill to clarify that an authoriza- 431, a bill to require the Secretary of tion to use military force, a declaration of serve access of Medicare beneficiaries war, or any similar authority shall not au- the Treasury to mint coins in com- in rural areas to health care providers thorize the detention without charge or trial memoration of the 225th anniversary of under the Medicare program, and for of a citizen or lawful permanent resident of the establishment of the Nation’s first other purposes. the United States and for other purposes; to Federal law enforcement agency, the S. 1871 the Committee on the Judiciary. United States Marshals Service. At the request of Mr. BROWN of Mas- By Mr. UDALL of New Mexico (for S. 750 sachusetts, the name of the Senator himself, Mr. BINGAMAN, Mr. INOUYE, from Illinois (Mr. KIRK) was added as a and Ms. LANDRIEU): At the request of Mr. DURBIN, the S. 2004. A bill to grant the Congressional name of the Senator from New Jersey cosponsor of S. 1871, a bill to prohibit Gold Medal to the troops who defended Ba- (Mr. MENENDEZ) was added as a cospon- commodities and securities trading taan during World War II; to the Committee sor of S. 750, a bill to reform the fi- based on nonpublic information relat- on Banking, Housing, and Urban Affairs. nancing of Senate elections, and for ing to Congress, to require additional By Mr. BROWN of Massachusetts (for other purposes. reporting by Members and employees himself and Mr. KIRK): of Congress of securities transactions, S. 2005. A bill to authorize the Secretary of S. 810 State to issue up to 10,500 E-3 visas per year At the request of Ms. CANTWELL, the and for other purposes. to Irish nationals; to the Committee on the name of the Senator from New Mexico S. 1903 Judiciary. (Mr. UDALL) was added as a cosponsor At the request of Mrs. GILLIBRAND, By Mr. LAUTENBERG: of S. 810, a bill to prohibit the con- the name of the Senator from Iowa S. 2006. A bill to amend the Surface Trans- ducting of invasive research on great (Mr. HARKIN) was added as a cosponsor portation and Uniform Relocation Assist- of S. 1903, a bill to prohibit commod- ance Act of 1987 to authorize the Secretary apes, and for other purposes. ities and securities trading based on of Transportation to permit Federal regula- S. 1181 nonpublic information relating to Con- tion and review of tolls and toll increases on At the request of Mr. GRASSLEY, the gress, to require additional reporting certain surface transportation facilities, and name of the Senator from Arkansas for other purposes; to the Committee on by Members and employees of Congress (Mr. BOOZMAN) was added as a cospon- Commerce, Science, and Transportation. of securities transactions, and for sor of S. 1181, a bill to require the Sec- By Mr. BAUCUS (for himself, Mr. other purposes. retary of the Treasury to mint coins in HATCH, Mr. KERRY, Mr. LUGAR, Mr. S. 1925 WYDEN, Mr. BLUNT, Mr. DURBIN, Mr. commemoration of the National Fu- At the request of Mr. LEAHY, the BROWN of Massachusetts, Mr. CARDIN, ture Farmers of America Organization name of the Senator from New York Mr. ISAKSON, Mr. COONS, and Mr. and the 85th anniversary of the found- THUNE): ing of the National Future Farmers of (Mrs. GILLIBRAND) was added as a co- S. 2007. A bill to amend the African Growth America Organization. sponsor of S. 1925, a bill to reauthorize and Opportunity Act to extend the third- the Violence Against Women Act of country fabric rule, to add South Sudan to S. 1392 1994. the list of countries eligible for designation At the request of Ms. COLLINS, the S. 1956 under that Act, and for other purposes; to name of the Senator from Wyoming the Committee on Finance. At the request of Mr. THUNE, the (Mr. ENZI) was added as a cosponsor of name of the Senator from Georgia (Mr. f S. 1392, a bill to provide additional ISAKSON) was added as a cosponsor of S. SUBMISSION OF CONCURRENT AND time for the Administrator of the Envi- 1956, a bill to prohibit operators of civil SENATE RESOLUTIONS ronmental Protection Agency to issue aircraft of the United States from par- achievable standards for industrial, ticipating in the European Union’s The following concurrent resolutions commercial, and institutional boilers, and Senate resolutions were read, and emissions trading scheme, and for process heaters, and incinerators, and other purposes. referred (or acted upon), as indicated: for other purposes. By Ms. SNOWE: S. 1959 S. Res. 348. A resolution expressing the S. 1468 At the request of Mr. BURR, the name sense of the Senate that the Secretary of the At the request of Mrs. SHAHEEN, the of the Senator from Kansas (Mr. ROB- Treasury should take actions to increase the name of the Senator from Hawaii (Mr. ERTS) was added as a cosponsor of S. transparency and accountability of the AKAKA) was added as a cosponsor of S. 1959, a bill to require a report on the Small Business Lending Fund Program; to 1468, a bill to amend title XVIII of the designation of the Haqqani Network as the Committee on Small Business and Entre- Social Security Act to improve access preneurship. a foreign terrorist organization and for to diabetes self-management training other purposes. f by authorizing certified diabetes edu- S. 1984 ADDITIONAL COSPONSORS cators to provide diabetes self-manage- At the request of Mr. KERRY, the ment training services, including as S. 195 name of the Senator from Alaska (Mr. part of telehealth services, under part At the request of Mr. ROCKEFELLER, BEGICH) was added as a cosponsor of S. the name of the Senator from Mary- B of the Medicare program. 1984, a bill to establish a commission to land (Ms. MIKULSKI) was added as a co- S. 1497 develop a national strategy and rec- sponsor of S. 195, a bill to reinstate At the request of Ms. KLOBUCHAR, the ommendations for reducing fatalities Federal matching of State spending of name of the Senator from North Da- resulting from child abuse and neglect. child support incentive payments. kota (Mr. CONRAD) was added as a co- S. 1994 S. 249 sponsor of S. 1497, a bill to amend title At the request of Mr. SCHUMER, the At the request of Mr. HATCH, the XVIII of the Social Security Act to ex- name of the Senator from Iowa (Mr. name of the Senator from Nevada (Mr. tend for 3 years reasonable cost con- HARKIN) was added as a cosponsor of S. HELLER) was added as a cosponsor of S. tracts under Medicare. 1994, a bill to prohibit deceptive prac- 249, a bill to amend the Endangered S. 1606 tices in Federal elections. Species Act of 1973 to provide that Act At the request of Mr. PORTMAN, the S. RES. 310 shall not apply to any gray wolf (Canis name of the Senator from Florida (Mr. At the request of Ms. MIKULSKI, the lupus). NELSON) was added as a cosponsor of S. name of the Senator from Idaho (Mr.

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.035 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8681 CRAPO) was added as a cosponsor of S. Copyright Office to study the issue of the sale of visual art by the entity on the Res. 310, a resolution designating 2012 resale royalties and report back with Internet.’’. as the ‘‘Year of the Girl’’ and Con- recommendations. The Copyright Of- (2) inserting after the definition of ‘‘propri- gratulating Girl Scouts of the USA on fice reported back to Congress that cre- etor’’ and prior to the definition of ‘‘pseu- donymous work’’ the following: its 100th anniversary. ation of new artworks would be encour- aged by adoption of the Berne Conven- ‘‘For purposes of section 106(b), ‘price’ is the f aggregate of all installments paid in cash or STATEMENTS ON INTRODUCED tion provisions on resale rights, but it in-kind by or on behalf of a purchaser for a BILLS AND JOINT RESOLUTIONS recommended that we wait to see work as the result of auction of that work.’’; whether the European Union would (3) inserting at the end of the definition of By Mr. KOHL: first require all of its member coun- ‘‘Publication’’ the following: ‘‘For purposes S. 2000. A bill to amend the copyright tries to join those like France and Ger- of section 106(b), in the case of a work of vis- law to secure the rights of artists of many who had long provided their art- ual art as defined in this section, a publica- works of visual art to provide for roy- ists with such a right. In 2001, the Eu- tion does not include photographic reproduc- alties, and for other purposes; to the ropean Union decided to make resale tions or other images of the work, including castings of a sculptural work, made or dis- Committee on the Judiciary. royalties mandatory throughout its Mr. KOHL. Mr. President, I rise tributed prior to January 1, 1978, in connec- territory, underpinning the Copyright today to introduce the Equity for Vis- tion with the exhibition of such work by a Office’s initial conclusions about the ual Artists Act of 2011. This bill would gallery or museum, whether for purposes of positive effects of introducing resale sale of the original work, or in connection enable visual artists to benefit from with any publication authorized by a gallery their copyrights in a meaningful way rights. In 2006, the United Kingdom was the last EU country to implement its or museum in possession of the work regard- similar to other creators of literary less of whether such publication was with and artistic works such as authors, law. In order to make the administration the consent of the author. In no other cir- playwrights and composers. It provides cumstances is a work of visual art consid- of a resale right as simple as possible, for the payment of a copyright royalty ered to have been published prior to January long recognized in international law to the bill would take 7 percent of any 1, 1978, unless such publication has been au- be paid at the time a work of visual art sale $10,000 or more from only the most thorized by the express written consent of is sold at auction in the United States. public and easily accountable trans- the author of such work.’’; Half of this royalty payment will go di- actions, auction sales, and divide the (4) inserting after the definition of ‘‘reg- amount by artists or their beneficiaries istration’’ and prior to the definition of rectly to the artists or their estate and ‘‘sound recordings’’ the following: the other half will be made available to and non-profit museums to purchase American art. The legislation would ‘‘For purposes of sections 106(b) and 701(b)(5), nonprofit American art museums as an ‘sale’ means transfer of ownership or phys- endowment to be used by them to pur- apply only to sales by entities that have $25 million per year of cumulative ical possession of a work as the result of the chase the works of living American auction of that work.’’; and artists so that these works may be sales of visual art. It also excludes en- (5) amending paragraph (1) of the definition freely enjoyed by everyone. tities that solely conduct business in of a ‘‘work of visual art’’ to read as follows: Like all authors, the primary legal online auctions over the Internet. The ‘‘(1) a painting, drawing, print, sculpture, right of an artist in his or her work is bill gives primary responsibility for or photograph, existing either in the original the copyright. Yet, visual artists stand collecting and distributing royalties to embodiment or in a limited edition of 200 alone within America’s creative com- non-governmental collecting societies copies or fewer that bear the signature or munity in their inability to gain any with oversight by the Copyright Office other identifying mark of the author and are and reporting requirements to Con- consecutively numbered by the author, or, in significant income under existing copy- the case of a sculpture in multiple cast, right law. As an example, creators of gress. carved, or fabricated sculptures of 200 or music will collect nearly $2 billion in This legislation is a long overdue fewer that are consecutively numbered by copyright royalty payments this year. step in fulfilling our obligation under the author and bear the signature or other By contrast, America’s visual artists the Berne Convention to award visual identifying mark of the author; or’’. receive only a tiny amount of copy- artists the benefits derived from the re- SEC. 3. EXCLUSIVE RIGHTS. right income, primarily when their sale of their works, a right that lit- Section 106 of title 17, United States Code, works are reproduced in publications erary and musical artists have enjoyed is amended by— such as museum catalogues. Visual art for decades. Under current law, visual (1) inserting ‘‘(a)’’ before ‘‘Subject to sec- artists are denied royalties for lucra- tions 107 through 122’’; and often generates money only when the (2) adding at the end the following: original work itself is first sold. The tive sales of their art, and this bill is a ‘‘(b)(1) In this subsection, the term ‘net vast majority of money-making sales meaningful start for providing them royalty’ means the royalty amount collected are not by artists themselves but by with just compensation. It is only fair less administrative expenses of the visual collectors, dealers and auction houses that, as stipulated by international artists’ collecting society. In no case shall who trade in their works after their law, visual artists profit from the ap- the administrative expenses of the visual first sale. Under current law artists re- preciation in value of their work. artists’ collecting society subtracted from Mr. President, I ask unanimous con- the royalty amount collected exceed 18 per- ceive no income from these sales. cent. For nearly 100 years international sent that the text of the bill be printed ‘‘(2) Whenever a work of visual art is sold copyright law under the Berne Conven- in the RECORD. as the result of auction of that work by tion on Literary and Artistic Works, of There being no objection, the text of someone other than the artist who is the au- which the United States is a party, has the bill was ordered to be printed in thor of the work, the entity that collects the given artists a right to royalties each the RECORD, as follows: money or other consideration paid for the time their works are resold. However, S. 2000 sale of the work shall, within 90 days of col- lecting such money or other consideration, unlike other rights protected under the Be it enacted by the Senate and House of Rep- pay out of the proceeds of the sale a royalty Convention, individual countries are resentatives of the United States of America in equal to 7 percent of the price. Such royalty Congress assembled, not required to recognize the artists’ shall be paid to a visual artists’ collecting resale right. While over 40 other coun- SECTION 1. SHORT TITLE. society. The collecting society shall dis- tries, including all members of the Eu- This Act may be cited as the ‘‘Equity for tribute, no fewer than 4 times per year, 50 ropean Union, provide their artists Visual Artists Act of 2011’’. percent of the net royalty to the artist or his with income from resale of their works, SEC. 2. DEFINITIONS. or her successor as copyright owner. After the United States does not. Under the Section 101 of title 17, United States Code, payment to the artist or his or her successor is amended by— Convention’s reciprocity rule, these as copyright owner, the remaining 50 percent (1) inserting after the definition of ‘‘archi- of the net royalty shall be deposited into an countries will only pay royalties to tectural work’’ the following: artists from countries that also recog- escrow account established by the collecting ‘‘For purposes of section 106(b), ‘auction’ society for the purposes of funding purchases nize the resale right. As a result, means a public sale run by an entity that by nonprofit art museums in the United American artists receive no money sells to the highest bidder works of visual States of works of visual art authored by liv- from these sales. art in which the cumulative amount of such ing artists domiciled in the United States. In 1990, Congress enacted the Visual works sold during the previous year is more The right to receive such royalty and the ob- Artists Rights Act that asked the than $25,000,000 and does not solely conduct ligation to deposit the remaining share of

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.037 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8682 CONGRESSIONAL RECORD — SENATE December 15, 2011 sale proceeds into the escrow account pro- ceiving a grant or grants from the escrow The legislation I introduce today, the vided in this subsection may not be waived funds established by each visual artists’ col- Rogue Wilderness Area Expansion Act by the artist or his successor as copyright lecting society. of 2011, would add 60,000 acres of new owner. Failure of the entity collecting the Except as necessary for the report to Con- wilderness to the existing Wild Rogue money or other consideration resulting from gress required pursuant to subparagraph (F), the sale of the work to pay the royalty pro- Wilderness. The Wild Rogue Wilderness the Register of Copyrights shall not disclose expansion would protect habitat for vided under this section shall constitute an any confidential or proprietary information infringement of copyright. Any such in- provided to it in the annual audits made bald eagles, osprey, spotted owls, bear, fringement shall be subject to the payment available pursuant to this section.’’. elk, cougar, wild coho, wild Chinook, of statutory damages under section 504. SEC. 6. COPYRIGHT OFFICE FEES. wild steelhead and many others. It ‘‘(3) Paragraph (2) shall not apply to the Section 708(a) of title 17, United States would also ensure these treasured lands sale of a work for a gross sales price of less Code, is amended— are protected for generations to come. than $10,000, or in exchange for property with (1) by redesignating paragraphs (10) and a fair market value of less than $10,000.’’. My legislation would also protect an (11) as paragraphs (11) and (12), respectively; additional 143 miles of tributaries that SEC. 4. NOTICE OF COPYRIGHT. (2) by inserting after paragraph (9) the fol- Section 401 of title 17, United States Code, lowing: feed the Rogue River with cold clean is amended by adding at the end the fol- ‘‘(10) for expenses associated with carrying water; 93 miles would be designated lowing: out its responsibilities under section Wild and Scenic Rivers and an addi- ‘‘(e) NON APPLICABILITY TO WORKS OF VIS- 701(b)(5), provided that such fees shall be tional 50 miles would be protected from UAL ART.—The provisions of this section paid out of the total royalty payments re- mining. The areas receiving protection shall not apply to a work of visual art.’’. ceived by collecting societies pursuant to include Galice Creek, Little Windy SEC. 5. COPYRIGHT OFFICE. section 106(b), before deduction of such soci- Creek, Jenny Creek, Long Gulch, and Section 701(b) of title 17, United States eties’ administrative expenses; and provided 36 other tributaries of the Rogue. The Code, is amended by— further, that following the initial rule- (1) redesignating paragraph (5) as para- making necessary to carry out its obliga- Rogue River is one of Oregon’s most graph (6); and tions under section 701(b)(5), such fees shall iconic and beloved rivers. It is a river (2) inserting after paragraph (4) the fol- not exceed 5 percent of the total annual that teems with salmon leaping up rap- lowing: amount of royalties received by such col- ids to spawn, and finds rafters down ‘‘(5) Issue regulations governing visual art- lecting societies;’’; and those very same rapids at other times ists’ collecting societies pursuant to section (3) in the matter following paragraph (12), of the year. The Rogue River is home 106(b), which shall, at a minimum— as so redesignated, in the second sentence, to runs of coho, spring and fall Chi- ‘‘(A) establish a process by which entities by striking ‘‘(10) and (11)’’ and inserting ‘‘(11) nook, winter and summer steelhead, would be determined to be and designated as and (12)’’. visual artists’ collecting societies; SEC. 7. EFFECTIVE DATE. and it has the special distinction of ‘‘(B) require that a visual artists’ col- This Act and the amendments made by being one of only a handful of rivers in lecting society authorized to administer roy- this Act shall take effect on the date that is the country with runs of green stur- alty collections and distributions under this 1 year after the date of enactment of this geon. In 2008, American Rivers named title shall have had prior experience in li- Act. the Rogue and its tributaries as the censing the copyrights of authors of works of second most endangered river in the visual art in the United States, or have been By Mr. WYDEN (for himself and U.S. I am hoping to change that today authorized by no fewer than 10,000 authors of Mr. MERKLEY): by introducing legislation to protect works of visual art, either directly or by vir- S. 2001. A bill to expand the Wild this river and its tributaries. tue of reciprocal agreements with foreign Rogue Wilderness Area in the State of collecting societies, to license the rights Oregon, to make additional wild and I previously introduced legislation to granted under section 106; protect the Rogue River tributaries in ‘‘(C) exclude any entity from being consid- scenic river designations in the Rogue River area, to provide additional pro- the last two Congresses. Since that ered a visual artists’ collecting society time, I have worked with the timber where, after having been designated a visual tections for Rogue River tributaries, artists’ collecting society, the royalties col- and for other purposes; to the Com- industry and conservationists to find a lected for at least 5 consecutive years have mittee on Energy and Natural Re- compromise that protects one of Amer- not been distributed directly to authors after sources. ica’s treasures with additional wilder- deduction of administrative expenses; Mr. WYDEN. Mr. President, today I ness designations and more targeted ‘‘(D) establish the methodology and proce- am pleased to introduce legislation to protections for the Rogue’s tributaries. dures pursuant to which visual artists’ col- expand the Wild Rogue Wilderness Area I am pleased that nearly 60 local busi- lecting societies shall make grants to non- and expand protections to Oregon’s nesses, and over 100 organizations and profit museums for the purchase of works business in total, support protecting with the escrow funds provided in this sec- iconic Rogue River and its tributaries. tion, after notice and opportunity to com- I am pleased that Senator MERKLEY is the Wild Rogue, and that support grows ment, including— joining me in this effort, and that Con- every day. Many of those businesses di- ‘‘(i) the criteria to be used by the visual gressman DEFAZIO has introduced simi- rectly benefit from the Wild Rogue and artists’ collecting societies for application lar legislation in the House of Rep- the Rogue River. As I often say, pro- by nonprofit art museums for the purchase resentatives. tecting these gems is not just good for of works out of the funds held in escrow for The Wild Rogue Wilderness and the the environment, but also good for the that purpose by such societies; Rogue River that runs through it em- economy. These protected landscapes ‘‘(ii) the amount of the maximum grant for are powerhouses of the recreation econ- the purchase of an individual work of visual body one of the Nation’s premier recre- art; ation destinations, famous for the free omy that draws visitors from around ‘‘(iii) the maximum amount that may be flowing waters which provide numerous the world to this region and the Rogue granted to a nonprofit museum; and rafting and fishing opportunities. The River is one of Oregon’s most impor- ‘‘(iv) criteria for the award of grants when headwaters of the Rogue River start in tant sport and commercial fisheries. the amounts requested exceed the total one of Oregon’s other great gems Cra- The Wild Rogue is the second largest amount of funds held in escrow; ter Lake National Park, and the river salmon fishery in Oregon behind the ‘‘(E) require that each such society provide ultimately empties into the Pacific Columbia. The Wild Rogue provides the the Register of Copyrights with an annual quality of life and recreational oppor- audit of royalty funds collected under sec- Ocean, near Gold Beach on Oregon’s tion 106(b)(1) that includes the total amount southwest coast. Along that stretch, tunities that create an economic en- received from the sales of works of visual the Rogue River flows through one of gine that attracts businesses and art, the total amount paid in distributions to the most spectacular canyons and di- brings in tourists from around the artists or, if deceased, to their successors as verse natural areas in the United world. The Rogue River supports 450 owners of copyright, and the total amount States. The Rogue River is a world local jobs in nearby communities like paid in grants to each nonprofit museum for class rafting river, offering everything Grants Pass. the purchase of works of visual art; and from one day trips to week long trips By protecting the Wild Rogue land- ‘‘(F) make publicly available an annual re- port to the Congress setting forth the total through deep forested canyons. On the scape and the tributaries that feed the amount of royalties received by each visual land, the Rogue River trail is also one mighty Rogue River, Congress will en- artists’ collecting society and the amount of Oregon’s most renowned back- sure that future generations can raft, disbursed to each nonprofit art museum re- packing routes. fish, hike and enjoy the Wild Rogue as

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.038 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8683 it is enjoyed today and that the rec- sibilities of the State with respect to fish ‘‘(II) WILD RIVER.—The approximately 5.8- reational economy of this region re- and wildlife in the State. mile segment of Big Windy Creek from 0.1 mains strong. (e) ADJACENT MANAGEMENT.— miles downstream from road 34-9-17.1 to the (1) IN GENERAL.—Nothing in this section confluence with the Rogue River, as a wild I want to express my thanks to the creates any protective perimeter or buffer conservation and business communities river. zone around the Wilderness additions. ‘‘(vii) EAST FORK BIG WINDY CREEK.— of southern Oregon, who have worked (2) ACTIVITIES OUTSIDE WILDERNESS.—The ‘‘(I) SCENIC RIVER.—The approximately 0.2- diligently to protect these lands and fact that a nonwilderness activity or use on mile segment of East Fork Big Windy Creek waters and enable the outdoor land outside the Wilderness additions can be from its headwaters to 0.1 miles downstream recreationists to use and enjoy these seen or heard within the Wilderness addi- from road 34-8-36, as a scenic river. tions shall not preclude the activity or use rivers. I look forward to working with ‘‘(II) WILD RIVER.—The approximately 3.7- my House colleagues and the bill’s sup- outside the boundary of the Wilderness addi- mile segment of East Fork Big Windy Creek tions. from 0.1 miles downstream from road 34-8-36 porters to advance our legislation to (f) PROTECTION OF TRIBAL RIGHTS.—Nothing to the confluence with Big Windy Creek, as the President’s desk. in this section diminishes any treaty rights Mr. President, I ask unanimous con- of an Indian tribe. a wild river. ‘‘(viii) LITTLE WINDY CREEK.—The approxi- sent that the text of the bill be printed (g) WITHDRAWAL.—Subject to valid existing mately 1.9-mile segment of Little Windy in the RECORD. rights, the Wilderness additions are with- drawn from all forms of— Creek from 0.1 miles downstream of road 34- There being no objection, the mate- 8-36 to the confluence with the Rogue River, rial was ordered to be printed in the (1) entry, appropriation, or disposal under the public land laws; as a wild river. RECORD, as follows: (2) location, entry, and patent under the ‘‘(ix) HOWARD CREEK.— S. 2001 mining laws; and ‘‘(I) SCENIC RIVER.—The approximately 0.3- Be it enacted by the Senate and House of Rep- (3) disposition under all laws pertaining to mile segment of Howard Creek from its head- resentatives of the United States of America in mineral and geothermal leasing or mineral waters to 0.1 miles downstream of road 34-9- Congress assembled, materials. 34, as a scenic river. SECTION 1. SHORT TITLE. SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, ‘‘(II) WILD RIVER.—The approximately 6.9- This Act may be cited as the ‘‘Rogue Wil- ROGUE RIVER AREA. mile segment of Howard Creek from 0.1 miles derness Area Expansion Act of 2011’’. (a) AMENDMENTS.—Section 3(a) of the Wild downstream of road 34-9-34 to the confluence SEC. 2. DEFINITIONS. and Scenic Rivers Act (16 U.S.C. 1274(a)) is with the Rogue River, as a wild river. In this Act: amended by striking paragraph (5) and in- ‘‘(x) MULE CREEK.—The approximately 6.3- (1) COMMISSION.—The term ‘‘Commission’’ serting the following: mile segment of Mule Creek from the east means the Federal Energy Regulatory Com- ‘‘(5) ROGUE, OREGON.— section line of T. 32 S., R. 10 W., sec. 25, Wil- mission. ‘‘(A) IN GENERAL.—The segment of the river lamette Meridian, to the confluence with the (2) MAP.—The term ‘‘map’’ means the map extending from the mouth of the Applegate Rogue River, as a wild river. entitled ‘‘Wild Rogue Wilderness Additions’’ River downstream to the Lobster Creek ‘‘(xi) ANNA CREEK.—The approximately 3.5- and dated December 8, 2011. Bridge, to be administered by the Secretary mile segment of Anna Creek from its head- (3) SECRETARY.—The term ‘‘Secretary’’ of the Interior or the Secretary of Agri- waters to the confluence with Howard Creek, means the Secretary of the Interior. culture, as agreed to by the Secretaries of as a wild river. (4) STATE.—The term ‘‘State’’ means the the Interior and Agriculture or as directed ‘‘(xii) MISSOURI CREEK.—The approximately State of Oregon. by the President. 1.6-mile segment of Missouri Creek from the (5) WILDERNESS ADDITIONS.—The term ‘‘Wil- ‘‘(B) ADDITIONS.—In addition to the seg- Wild Rogue Wilderness boundary in T. 33 S., derness additions’’ means the land added to ment described in subparagraph (A), there R. 10 W., sec. 24, Willamette Meridian, to the the Wild Rogue Wilderness by section 3(a). are designated the following segments in the confluence with the Rogue River, as a wild SEC. 3. EXPANSION OF WILD ROGUE WILDERNESS Rogue River: river. AREA. ‘‘(i) KELSEY CREEK.—The approximately ‘‘(xiii) JENNY CREEK.—The approximately (a) EXPANSION.—In accordance with the 4.8-mile segment of Kelsey Creek from the 1.8-mile segment of Jenny Creek from the Wilderness Act (16 U.S.C. 1131 et seq.), the east section line of T. 32 S., R. 9 W., sec. 34, Wild Rogue Wilderness boundary in T. 33 S., approximately 60,000 acres of Bureau of Land Willamette Meridian, to the confluence with R. 9 W., sec.28, Willamette Meridian, to the Management land, as generally depicted on the Rogue River, as a wild river. confluence with the Rogue River, as a wild the map, is included in the Wild Rogue Wil- ‘‘(ii) EAST FORK KELSEY CREEK.—The ap- river. derness, a component of the National Wilder- proximately 4.6-mile segment of East Fork ‘‘(xiv) RUM CREEK.—The approximately 2.2- ness Preservation System. Kelsey Creek from the Wild Rogue Wilder- mile segment of Rum Creek from the Wild (b) MAP; LEGAL DESCRIPTION.— ness boundary in T. 33 S., R. 8 W., sec. 5, Wil- Rogue Wilderness boundary in T. 34 S., R. 8 (1) IN GENERAL.—As soon as practicable lamette Meridian, to the confluence with W., sec. 9, Willamette Meridian, to the con- after the date of enactment of this Act, the Kelsey Creek, as a wild river. fluence with the Rogue River, as a wild river. Secretary shall file a map and legal descrip- ‘‘(iii) WHISKY CREEK.— ‘‘(xv) EAST FORK RUM CREEK.—The approxi- tion of the wilderness area designated by ‘‘(I) RECREATIONAL RIVER.—The approxi- mately 1.3-mile segment of East Rum Creek subsection (a), with— mately 0.6-mile segment of Whisky Creek from the Wild Rogue Wilderness boundary in (A) the Committee on Energy and Natural from the confluence of the East Fork and T. 34 S., R. 8 W., sec. 10, Willamette Merid- Resources of the Senate; and West Fork to 0.1 miles downstream from ian, to the confluence with Rum Creek, as a (B) the Committee on Natural Resources of road 33-8-23, as a recreational river. wild river. the House of Representatives. ‘‘(II) WILD RIVER.—The approximately 1.9- ‘‘(xvi) WILDCAT CREEK.—The approximately (2) FORCE OF LAW.—The map and legal de- mile segment of Whisky Creek from 0.1 miles 1.7-mile segment of Wildcat Creek from its scription filed under paragraph (1) shall have downstream from road 33-8-23 to the con- headwaters downstream to the confluence the same force and effect as if included in fluence with the Rogue River, as a wild river. with the Rogue River, as a wild river. this Act, except that the Secretary may cor- ‘‘(iv) EAST FORK WHISKY CREEK.— ‘‘(xvii) MONTGOMERY CREEK.—The approxi- rect typographical errors in the map and ‘‘(I) WILD RIVER.—The approximately 2.6- mately 1.8-mile segment of Montgomery legal description. mile segment of East Fork Whisky Creek Creek from its headwaters downstream to (3) PUBLIC AVAILABILITY.—The map and from the Wild Rogue Wilderness boundary in the confluence with the Rogue River, as a legal description filed under paragraph (1) T. 33 S., R. 8 W., sec. 11, Willamette Merid- wild river. shall be on file and available for public in- ian., to 0.1 miles downstream of road 33-8-26 ‘‘(xviii) HEWITT CREEK.—The approximately spection in the appropriate offices of the Bu- crossing, as a wild river. 1.2-mile segment of Hewitt Creek from the reau of Land Management. ‘‘(II) RECREATIONAL RIVER.—The approxi- Wild Rogue Wilderness boundary in T. 33 S., (c) ADMINISTRATION.—Subject to valid ex- mately 0.3-mile segment of East Fork Whis- R. 9 W., sec. 19, Willamette Meridian, to the isting rights, the Wilderness additions shall ky Creek from 0.1 miles downstream of road confluence with the Rogue River, as a wild be administered by the Secretary in accord- 33-8-26 to the confluence with Whisky Creek, river. ance with the Wilderness Act (16 U.S.C. 1131 as a recreational river. ‘‘(xix) BUNKER CREEK.—The approximately et seq.), except that— ‘‘(v) WEST FORK WHISKY CREEK.—The ap- 6.6-mile segment of Bunker Creek from its (1) any reference in that Act to the effec- proximately 4.8-mile segment of West Fork headwaters to the confluence with the Rogue tive date shall be considered to be a ref- Whisky Creek from its headwaters to the River, as a wild river. erence to the date of enactment of this Act; confluence with Whisky Creek, as a wild ‘‘(xx) DULOG CREEK.— and river. ‘‘(I) SCENIC RIVER.—The approximately 0.8- (2) any reference in that Act to the Sec- ‘‘(vi) BIG WINDY CREEK.— mile segment of Dulog Creek from its head- retary of Agriculture shall be considered to ‘‘(I) SCENIC RIVER.—The approximately 1.5- waters to 0.1 miles downstream of road 34-8- be a reference to the Secretary. mile segment of Big Windy Creek from its 36, as a scenic river. (d) FISH AND WILDLIFE.—Nothing in this headwaters to 0.1 miles downstream from ‘‘(II) WILD RIVER.—The approximately 1.0- section affects the jurisdiction or respon- road 34-9-17.1, as a scenic river. mile segment of Dulog Creek from 0.1 miles

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.040 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8684 CONGRESSIONAL RECORD — SENATE December 15, 2011 downstream of road 34-8-36 to the confluence 1274(a)(5)) (as added by subsection (a)) is Wilderness boundary in T. 34 S., R. 8 W., sec. with the Rogue River, as a wild river. withdrawn from all forms of— 10. ‘‘(xxi) QUAIL CREEK.—The approximately (1) entry, appropriation, or disposal under (10) HEWITT CREEK.—The approximately 1.4- 1.7-mile segment of Quail Creek from the the public land laws; mile segment of Hewitt Creek from its head- Wild Rogue Wilderness boundary in T. 33 S., (2) location, entry, and patent under the waters to the Wild Rogue Wilderness bound- R. 10 W., sec. 1, Willamette Meridian, to the mining laws; and ary in T. 33 S., R. 9 W., sec. 19. confluence with the Rogue River, as a wild (3) disposition under all laws pertaining to (11) QUAIL CREEK.—The approximately 0.8- river. mineral and geothermal leasing or mineral mile segment of Quail Creek from its head- ‘‘(xxii) MEADOW CREEK.—The approxi- materials. waters to the Wild Rogue Wilderness bound- mately 4.1-mile segment of Meadow Creek SEC. 5. ADDITIONAL PROTECTIONS FOR ROGUE ary in T. 33 S., R. 10 W., sec. 1. from its headwaters to the confluence with RIVER TRIBUTARIES. (12) RUSSIAN CREEK.—The approximately the Rogue River, as a wild river. (a) LICENSING BY COMMISSION.—The Com- 0.1-mile segment of Russian Creek from its ‘‘(xxiii) RUSSIAN CREEK.—The approxi- mission shall not license the construction of headwaters to the Wild Rogue Wilderness mately 2.5-mile segment of Russian Creek any dam, water conduit, reservoir, power- boundary in T. 33 S., R. 8 W., sec. 20. from the Wild Rogue Wilderness boundary in house, transmission line, or other project (13) DITCH CREEK.—The approximately 0.7- T. 33 S., R. 8 W., sec. 20, Willamette Merid- works on or directly affecting any stream de- mile segment of Ditch Creek from its head- ian, to the confluence with the Rogue River, scribed in subsection (d). waters to the Wild Rogue Wilderness bound- as a wild river. (b) OTHER AGENCIES.— ary in T. 33 S., R. 9 W., sec. 5. ‘‘(xxiv) ALDER CREEK.—The approximately (1) IN GENERAL.—No department or agency (14) LONG GULCH.—The approximately 1.4- 1.2-mile segment of Alder Creek from its of the United States shall assist by loan, mile segment of Long Gulch from its head- headwaters to the confluence with the Rogue grant, license, or otherwise in the construc- waters to the Wild Rogue Wilderness bound- River, as a wild river. tion of any water resources project on or di- ary in T. 33 S., R. 10 W., sec. 23. ‘‘(xxv) BOOZE CREEK.—The approximately rectly affecting any stream segment that is (15) BAILEY CREEK.—The approximately 1.4- 1.5-mile segment of Booze Creek from its described in subsection (d), except to main- mile segment of Bailey Creek from its head- headwaters to the confluence with the Rogue tain or repair water resources projects in ex- waters to the west section line of T. 34 S., R. River, as a wild river. istence on the date of enactment of this Act. 8 W., sec. 14. ‘‘(xxvi) BRONCO CREEK.—The approximately (2) EFFECT.—Nothing in this subsection (16) QUARTZ CREEK.—The approximately 1.8-mile segment of Bronco Creek from its prohibits any department or agency of the 3.3-mile segment of Quartz Creek from its headwaters to the confluence with the Rogue United States in assisting by loan, grant, li- headwaters to its confluence with the North River, as a wild river. cense, or otherwise, a water resources Fork Galice Creek. ‘‘(xxvii) COPSEY CREEK.—The approxi- project— (17) NORTH FORK GALICE CREEK.—The ap- mately 1.5-mile segment of Copsey Creek (A) the primary purpose of which is eco- proximately 5.7-mile segment of the North from its headwaters to the confluence with logical or aquatic restoration; and Fork Galice Creek from its headwaters to its the Rogue River, as a wild river. (B) that provides a net benefit to water confluence with Galice Creek. ‘‘(xxviii) CORRAL CREEK.—The approxi- quality and aquatic resources. (18) GRAVE CREEK.—The approximately mately 0.5-mile segment of Corral Creek (c) WITHDRAWAL.—Subject to valid existing 10.2-mile segment of Grave Creek from the from its headwaters to the confluence with rights, the Federal land located within a 1⁄4 confluence of Wolf Creek downstream to the the Rogue River, as a wild river. mile on either side of the stream segments confluence with the Rogue River. ‘‘(xxix) COWLEY CREEK.—The approximately described in subsection (d), is withdrawn (19) CENTENNIAL GULCH.—The approxi- 0.9-mile segment of Cowley Creek from its from all forms of— mately 2.2-mile segment of Centennial Gulch headwaters to the confluence with the Rogue (1) entry, appropriation, or disposal under from its headwaters to its confluence with River, as a wild river. the public land laws; the Rogue River. ‘‘(xxx) DITCH CREEK.—The approximately (2) location, entry, and patent under the (20) GALICE CREEK.—The approximately 2.2- 1.8-mile segment of Ditch Creek from the mining laws; and mile segment of Galice Creek from the con- Wild Rogue Wilderness boundary in T. 33 S., (3) disposition under all laws pertaining to fluence with the South Fork Galice Creek R. 9 W., sec. 5, Willamette Meridian, to its mineral and geothermal leasing or mineral downstream to the Rogue River. confluence with the Rogue River, as a wild materials. river. (d) DESCRIPTION OF STREAM SEGMENTS.— By Mrs. FEINSTEIN (for herself, ‘‘(xxxi) FRANCIS CREEK.—The approxi- The following are the stream segments re- Mr. SESSIONS, Mr. SCHUMER, mately 0.9-mile segment of Francis Creek ferred to in subsection (a): and Mr. CORNYN): from its headwaters to the confluence with (1) KELSEY CREEK.—The approximately 4.5- S. 2002. A bill to amend the Federal the Rogue River, as a wild river. mile segment of Kelsey Creek from its head- Food, Drug, and Cosmetic Act to im- ‘‘(xxxii) LONG GULCH.—The approximately waters to the east section line of T. 32 S., R. 1.1-mile segment of Long Gulch from the prove the safety of Internet phar- 9 W., sec. 34. macies; to the Committee on Health, Wild Rogue Wilderness boundary in T. 33 S., (2) EAST FORK KELSEY CREEK.—The approxi- R. 10 W., sec. 23, Willamette Meridian, to the mately 0.2-mile segment of East Fork Kelsey Education, Labor, and Pensions. confluence with the Rogue River, as a wild Creek from its headwaters to the Wild Rogue Mrs. FEINSTEIN. Mr. President, I river. Wilderness boundary in T. 33 S., R. 8 W., sec. rise today to introduce legislation that ‘‘(xxxiii) BAILEY CREEK.—The approxi- 5. will help stop criminals from exploit- mately 1.7-mile segment of Bailey Creek (3) EAST FORK WHISKY CREEK.—The approxi- ing the Internet to illegally sell pre- from the west section line of T. 34 S., R.8 W., mately 0.9-mile segment of East Fork Whis- scription drugs. I am pleased to be sec.14, Willamette Meridian, to the con- ky Creek from its headwaters to the Wild joined in this effort by Senator SES- fluence of the Rogue River, as a wild river. Rogue Wilderness boundary in T. 33 S., R. 8 SIONS, Senator SCHUMER, and Senator ‘‘(xxxiv) SHADY CREEK.—The approximately W., sec. 11. CORNYN. 0.7-mile segment of Shady Creek from its (4) LITTLE WINDY CREEK.—The approxi- headwaters to the confluence with the Rogue mately 1.2-mile segment of Little Windy I first became concerned about the River, as a wild river. Creek from its headwaters to the west sec- issue of illegitimate online pharmacies ‘‘(xxxv) SLIDE CREEK.— tion line of T. 33 S., R. 9 W., sec. 34. in 2001, when one of my constituents, ‘‘(I) SCENIC RIVER.—The approximately 0.5- (5) MULE CREEK.—The approximately 5.1- high school student Ryan Haight, died mile segment of Slide Creek from its head- mile segment of Mule Creek from its head- from an overdose of the controlled sub- waters to 0.1 miles downstream from road 33- waters to the east section line of T. 32 S., R. 9-6, as a scenic river. stance Vicodin. He had purchased the 10 W., sec. 25. Vicodin from a rogue online pharmacy ‘‘(II) WILD RIVER.—The approximately 0.7- (6) MISSOURI CREEK.—The approximately mile section of Slide Creek from 0.1 miles 3.1-mile segment of Missouri Creek from its after simply filling out an online ques- downstream of road 33-9-6 to the confluence headwaters to the Wild Rogue Wilderness tionnaire in which he described himself with the Rogue River, as a wild river.’’. boundary in T. 33 S., R. 10 W., sec. 24. as a 25-year-old male suffering from (b) MANAGEMENT.—Each river segment des- (7) JENNY CREEK.—The approximately 3.1- chronic back pain. The doctor pre- ignated by subparagraph (B) of section 3(a)(5) mile segment of Jenny Creek from its head- scribing the drug never met or person- of the Wild and Scenic Rivers Act (16 U.S.C. waters to the Wild Rogue Wilderness bound- ally examined Ryan. 1274(a)(5)) (as added by subsection (a)) shall ary in T. 33 S., R. 9 W., sec. 28. Ryan’s death was a terrible tragedy. be managed as part of the Rogue Wild and (8) RUM CREEK.—The approximately 2.2- He was a remarkable young man, an Scenic River. mile segment of Rum Creek from its head- honors student and an athlete. He (c) WITHDRAWAL.—Subject to valid existing waters to the Wild Rogue Wilderness bound- rights, the Federal land within the bound- ary in T. 34 S., R. 8 W., sec. 9. looked forward to going to college. In- aries of the river segments designated under (9) EAST FORK RUM CREEK.—The approxi- stead, his life was cut short. subparagraph (B) of section 3(a)(5) of the mately 0.8-mile segment of East Fork Rum In response, I introduced legislation, Wild and Scenic Rivers Act (16 U.S.C. Creek from its headwaters to the Wild Rogue beginning in 2004, to better regulate

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.041 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8685 the online sale of prescription drugs money without providing anything in (3) criminals are attracted to the high prof- that are controlled substances. return. it margin of business through illegitimate In 2008, the Ryan Haight Online Phar- Web sites that dispense counterfeit online drug sales, as counterfeit drug sales macy Consumer Protection Act, Ryan drugs are an even more dangerous alone are estimated to have generated $75,000,000,000 in 2010, an increase of 92 per- Haight Act, was enacted into law, and problem. These counterfeit drugs are cent from 2005; it became effective in April 2009. Sen- frequently manufactured in unsanitary (4) the World Health Organization esti- ator SESSIONS was the lead cosponsor conditions and may contain contami- mates that 50 percent of the prescription on that legislation. nated ingredients, or the wrong ingre- medicines sold online by Internet websites The Ryan Haight Act makes it a vio- dients. A recent CBS News story found that hide their physical address are counter- lation of the Controlled Substances Act that counterfeit drugs can contain feit; to dispense a prescription for a con- paint, floor wax, and boric acid. So, in- (5) research by The Partnership at trolled substance by means of the stead of the appropriate medicine need- Drugfree.org found that 1 in 6 consumers in Internet without a practitioner having the United States, a total of about 36,000,000 ed for their health problem, online con- Americans, has bought or currently buys conducted at least one in-person med- sumers are receiving substances that prescription medication online without a ical evaluation of the purchaser. The may harm or even kill them. valid prescription; act also requires online pharmacies to The legislation I am introducing (6) the prevalence of illegal online drug register with the Drug Enforcement today will address these problems, and sellers, and their sale of counterfeit or other- Administration, DEA, and comply with help stop illegitimate online drug sell- wise illegitimate medicines, is a growing DEA regulations. ers. public health threat; The Ryan Haight Act has helped to There are two main components to (7) people have been seriously injured or prevent illegitimate online sales of pre- the legislation. First, it amends the killed by products sold by illegal online drug sellers; scribed controlled substances. How- Food, Drug and Cosmetic Act to add a (8) the accessibility of controlled sub- ever, illegitimate online sellers con- definition of ‘‘valid prescription,’’ re- stances and other drugs without a valid pre- tinue to sell other types of prescription quiring at least one in-person medical scription by illegal online drug sellers con- drugs, and stronger laws are needed to evaluation of the patient. This is the tributes to a growing prescription drug abuse stop them. same approach taken in the Ryan problem in the United States that is endan- The sale of prescription drugs online Haight Act with prescription drugs gering teenagers and public health; by web sites acting unlawfully is a dan- that are controlled substances. It will (9) the anonymous and unregulated nature gerous and widespread problem. The prevent illegitimate online pharmacies of the Internet contributes to the counterfeit National Association of Boards of drug trade and enables counterfeit medicines from selling drugs over the Internet to reach United States consumers through il- Pharmacy and other non-profit organi- with sham prescriptions. legitimate online drug sellers posing as le- zations that monitor the Internet have The second critical element is the es- gitimate pharmacies; consistently found that about 96 per- tablishment, by the Food and Drug Ad- (10) counterfeit drugs that are sold through cent of all Internet pharmacies don’t ministration, of a registry of legiti- illegal online drug sellers are manufactured require a prescription, aren’t appro- mate online pharmacy websites. This by criminals who deliberately and fraudu- priately licensed, and sell unregulated will protect consumers who will know lently misrepresent the product in order to drugs. that they are dealing with lawful on- trick consumers into thinking they are pur- Theses illegitimate online phar- line pharmacies and help law enforce- chasing a legitimate and safe medicine; (11) these counterfeit drugs are frequently macies continue to cause serious harm. ment crack down on the illegitimate manufactured in unsanitary conditions and The National Association of Boards of websites. may contain the wrong ingredients, lack ac- Pharmacy reports that from the start The exploitation of the Internet by tive ingredients, have insufficient or con- of its Internet Drug Outlet Identifica- rogue online drug sellers continues to taminated active ingredients, or contain too tion Program in April 2008, it has re- be a dangerous and deadly problem and many active ingredients; ceived 509 customer inquiries about on- we should not wait for more lives to be (12) counterfeit drugs obtained from illegal line prescription drug sellers, and 21 of lost or ruined before we act. online drug sellers have been found to con- those customers have reported injuries. Consumers deserve access to safe and tain harmful ingredients including arsenic, legitimate online pharmacies and pro- boric acid, brick dust, cement powder, chalk Some of these injuries were very seri- dust, floor polish, leaded road paint, nickel, ous leading to hospitalization, with tection from illegitimate websites that shoe polish, and talcum powder; customers suffering worsening symp- sell counterfeit or otherwise illegit- (13) United States citizens deserve access toms caused by the ailment the medi- imate medication, and I urge my col- to safe and legitimate online pharmacies and cations were intended to treat, as well leagues to support this legislation. protection from illegal Internet websites as severe side effects. Mr. President, I ask unanimous con- that sell counterfeit or otherwise illegit- The easy accessibility of prescription sent that the text of the bill be printed imate medication; drugs through illegitimate online drug in the RECORD. (14) while the Ryan Haight Online Phar- sellers also contributes to a growing There being no objection, the text of macy Consumer Protection Act of 2008 (Pub- the bill was ordered to be printed in lic Law 110–425) has helped to prevent illegit- prescription drug abuse problem. A imate online sales of prescribed controlled study published in the May 2011 edition the RECORD, as follows: substances, illegal online sellers continue to of the Journal of Health Affairs sug- S. 2002 sell other types of prescription drugs and gests that the growth in high-speed Be it enacted by the Senate and House of Rep- stronger laws are needed to stop them; and Internet access has fueled prescription resentatives of the United States of America in (15) greater education and awareness re- drug abuse. Conducted by investigators Congress assembled, garding illegal online drug sellers will help from Massachusetts General Hospital SECTION 1. SHORT TITLE. to protect the United States drug supply and the University of Southern Cali- This Act may be cited as the ‘‘Online Phar- chain from infiltration by unregulated and counterfeit products. fornia, the study found that, over a 7- macy Safety Act’’. year period, States with the greatest SEC. 2. FINDINGS. SEC. 3. VALID PRESCRIPTIONS. Congress finds that— Section 503(b) of the Federal Food, Drug, expansion in high-speed Internet access (1) consumers in the United States are tar- and Cosmetic Act (21 U.S.C. 353(b)) is amend- also had the largest increase in admis- geted by organized international crime net- ed— sions for treatment of prescription works that use Internet websites to sell ille- (1) in paragraph (1), in the matter fol- drug abuse. gal and often dangerous drugs under the lowing subparagraph (B), by striking ‘‘shall We should be particularly concerned guise of being legitimate online pharmacies; be dispensed’’ and all that follows through about this problem when it comes to (2) illegal online drug sellers offer products ‘‘the pharmacist.’’ and inserting the fol- young people, who are frequently on- that do not meet the safety standards estab- lowing: ‘‘shall be dispensed only pursuant to line unsupervised and vulnerable to lished by United States laws, and recent re- a valid prescription that is (i) a written pre- ports from the National Association of scription of a practitioner licensed by law to rogue drug sellers on the Internet. Boards of Pharmacy show that 92 to 95 per- administer such drug; (ii) an oral prescrip- Not surprisingly, there is also a sig- cent of Internet websites offering to sell pre- tion of such practitioner which is reduced nificant amount of fraud associated scription medications online are illegitimate promptly to writing by the pharmacist; (iii) with illegitimate online drug sellers. and operate in clear violation of United an electronic prescription issued by a practi- Some of these websites simply take States laws enacted to protect patients; tioner licensed by law to administer such

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drug; or (iv) the refill of any such written, ‘‘(3) FINANCIAL TRANSACTION PROVIDER.— ‘‘(F) The online pharmacy website promi- oral, or electronic prescription if such refill- The term ‘financial transaction provider’ has nently displays the following information: ing is authorized by the prescriber either in the meaning given that term in section ‘‘(i) An accurate United States street ad- the original prescription, electronic prescrip- 5362(4) of title 31, United States Code. dress of each dispensing pharmacy or the tion, or by oral order which is reduced ‘‘(4) INTERNET WEBSITE.—The term ‘Inter- corporate or other legal business entity promptly to writing by the pharmacist.’’; net website’ means the collection of digital headquarters of each dispensing pharmacy. and assets, including links, indexes, or pointers ‘‘(ii) An accurate, readily accessible, and (2) by adding at the end the following: to digital assets, accessible through the responsive telephone number or other secure ‘‘(6) In this paragraph: Internet that are addressed relative to a accurate means that allows the consumer to ‘‘(A) The term ‘valid prescription’ means a common domain name. contact or consult with the pharmacist prescription that is issued for a legitimate ‘‘(5) LEGITIMATE ONLINE PHARMACY about his or her prescription drug. medical purpose in the usual course of pro- WEBSITE.—The term ‘legitimate online phar- ‘‘(G) The online pharmacy website does not fessional practice by— macy website’ means an online pharmacy make any statements, regarding the nature ‘‘(i) a licensed practitioner who has con- website that is included in the Registry pur- of any dispensing pharmacy or product of- ducted at least 1 in-person medical evalua- suant to a designation by the Secretary fered via the website, that are materially tion of the patient, subject to paragraph (7); under this section. misleading or fraudulent. ‘‘(ii) a covering practitioner; or ‘‘(6) ONLINE PHARMACY WEBSITE.—The term ‘‘(H) The domain name registration infor- ‘‘(iii) a practitioner engaged in the prac- ‘online pharmacy website’ means an Internet mation applicable to the online pharmacy tice of telemedicine. website that offers, sells, dispenses, or dis- website is accurate, not anonymous, and has ‘‘(B)(i) The term ‘in-person medical evalua- tributes, or facilitates the sale, dispensing, a logical nexus to each dispensing pharmacy tion’ means a medical evaluation that is con- or distribution of prescription or other drugs or the corporate or other legal business ducted with the patient in the physical pres- to consumers. headquarters of each dispensing pharmacy. ence of the practitioner, without regard to ‘‘(7) PRESCRIPTION DRUG.—The term ‘pre- ‘‘(I) The online pharmacy website, includ- whether portions of the evaluation are con- scription drug’ means a drug that is subject ing any operator, content owner, or domain ducted by other health professionals. to section 503(b)(1). name registrant of the online pharmacy ‘‘(ii) Nothing in clause (i) shall be con- ‘‘(b) ESTABLISHMENT OF REGISTRY.—The website, is not affiliated with, and does not strued to imply that 1 in-person medical Secretary shall establish a Registry of Le- own or control any other online pharmacy evaluation demonstrates that a prescription gitimate Online Pharmacy Websites (re- website that violates the requirements under has been issued for a legitimate medical pur- ferred to in this section as the ‘Registry’) for this paragraph. pose within the usual course of professional the purpose of educating consumers and pro- ‘‘(J) The online pharmacy website, includ- practice. moting public health and safety. ing any operator, content owner, or domain ‘‘(C) The term ‘covering practitioner’ ‘‘(c) CRITERIA.—The Secretary shall des- name registrant of the online pharmacy means, with respect to a patient, a licensed ignate an online pharmacy website as a le- website, is not affiliated with, and does not practitioner who conducts a medical evalua- gitimate online pharmacy website, and in- own or control any other online pharmacy tion (other than an in-person medical eval- clude such legitimate online pharmacy website that violates Federal or State law. uation) at the request of a licensed practi- website on the Registry, if the Secretary de- ‘‘(K) Information that would be considered tioner who— termines that— protected health information under the regu- ‘‘(i) has conducted at least 1 in-person med- ‘‘(1) the online pharmacy website is accred- lations promulgated under section 264(c) of ical evaluation of the patient or an evalua- ited by the United States National Associa- the Health Insurance Portability and Ac- tion of the patient through the practice of tion of Boards of Pharmacy Verified Internet countability Act of 1996 (commonly referred telemedicine, within the previous 24 months; Pharmacy Practice Sites program; or to as the ‘HIPAA Privacy Rule’) is trans- and ‘‘(2) the online pharmacy website meets mitted by the online pharmacy website and ‘‘(ii) is temporarily unavailable to conduct each of the following requirements: each dispensing pharmacy affiliated with, or the evaluation of the patient. ‘‘(A) Prescription drugs ordered, sold, dis- that dispenses, distributes, supplies, or pro- ‘‘(D) The term ‘practice of telemedicine’ pensed, distributed, supplied, or provided vides prescription drugs on behalf of the on- has the meaning given that term in section through or by the online pharmacy website line pharmacy website, in accordance with 102 of the Controlled Substances Act. are sold, dispensed, distributed, supplied, or the requirements of such Act, including the ‘‘(7) For purposes of paragraph (6), an in- provided solely by dispensing pharmacies use of Secure-Socket Layer or equivalent person medical evaluation of the patient is that are domiciled in the United States and technology for the transmission of protected not required if— that maintain pharmacy licensure, a permit, health information, and the online pharmacy ‘‘(A) the prescribing practitioner is issuing or registration in good standing in all United website displays its privacy policy and that a prescription or dispensing a legend drug in States jurisdictions where such dispensing such policy complies with the requirements accordance with the Expedited Partner Ther- pharmacies provide services or are required of the HIPAA Privacy Rule. apy in the Management of Sexually Trans- to maintain such licensure, permit, or reg- ‘‘(L) The online pharmacy website com- mitted Diseases guidance document issued istration. plies with other requirements as determined by the Centers for Disease Control and Pre- ‘‘(B) Each dispensing pharmacy affiliated appropriate by the Secretary, in consulta- vention; or with, or that dispenses, distributes, supplies, tion with other Federal and State agencies ‘‘(B) the prescription, administration, or or provides prescription or other drugs on be- responsible for regulating the practice of dispensing is through a public health clinic half of the online pharmacy website, main- pharmacy. or other distribution mechanism approved by tains a valid Drug Enforcement Administra- ‘‘(d) PROCESS.— the State health authority in order to pre- tion registration, unless such registration is ‘‘(1) APPLICATION.—The Secretary shall de- vent, mitigate, or treat a pandemic illness, not required by Drug Enforcement Adminis- velop an application process through which infectious disease outbreak, or intentional or tration regulations. an interested operator, content owner, or do- accidental release of a biological, chemical, ‘‘(C) Each dispensing pharmacy affiliated main name registrant of an online pharmacy or radiological agent. with, or that dispenses, distributes, supplies, website may apply for inclusion on the Reg- ‘‘(8) The Secretary may by regulation es- or provides prescription drugs on behalf of istry. Such an application shall be submitted tablish exceptions to the requirements de- the online pharmacy website, dispenses, dis- in such form and manner as required by the scribed in paragraph (6) with respect to a tributes, supplies, provides, or offers or at- Secretary and shall include, at a minimum, drug, based on criteria established by the tempts to dispense, distribute, supply, or information to determine whether the online Secretary.’’. provide, prescription drugs only pursuant to pharmacy website satisfies the criteria de- SEC. 4. REGISTRY OF LEGITIMATE ONLINE PHAR- a valid prescription (as defined in section scribed under subsection (c). The Secretary MACY WEBSITES. 503(b)). shall not charge a fee for submission of an Chapter V of the Federal Food, Drug, and ‘‘(D) Each dispensing pharmacy affiliated application. Cosmetic Act (21 U.S.C. 351 et seq.) is amend- with, or that dispenses, distributes, supplies, ‘‘(2) IDENTIFICATION WITHOUT APPLICATION.— ed by inserting after section 510 the fol- or provides prescription drugs on behalf of ‘‘(A) IN GENERAL.—The Secretary shall lowing: the online pharmacy website, complies with take reasonable steps to identify online ‘‘SEC. 510A. REGISTRY OF LEGITIMATE ONLINE applicable Federal and State laws and regu- pharmacy websites for which no application PHARMACY WEBSITES. lations applicable to pharmacy practice. has been submitted under paragraph (1) and ‘‘(a) DEFINITIONS.—In this section: ‘‘(E) Each dispensing pharmacy affiliated evaluate whether these online pharmacy ‘‘(1) DISPENSING PHARMACY.—The term ‘dis- with, or that dispenses, distributes, supplies, websites satisfy the criteria described under pensing pharmacy’ means a pharmacy that or provides prescription or other drugs on be- subsection (c). dispenses, distributes, or supplies prescrip- half of the online pharmacy website, does ‘‘(B) COMPLIANCE CONFIRMED.—In cases tion drugs pursuant to orders made on, not dispense, distribute, supply, provide, where satisfaction of the criteria described through, or on behalf of, an online pharmacy offer or attempt to dispense, distribute, sup- under subsection (c) can be verified without website. ply, or provide, advertise, or promote pre- the receipt of an application, an online phar- ‘‘(2) DOMAIN NAME.—The term ‘domain scription or other drugs that have not been macy website that the Secretary determines name’ has the meaning given that term in approved by the Food and Drug Administra- to satisfy such criteria may be designated as section 45 of the Lanham Act (15 U.S.C. 1127). tion. a legitimate online pharmacy website and

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.045 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8687 included on the Registry and the operator, moved from the Registry the ability to ap- publication on the Internet website of the content owner, or domain name registrant of peal the removal and to provide information Food and Drug Administration; and such online pharmacy website shall be noti- to correct matters that served as basis for ‘‘(C) specify the Registry criteria used to fied of such placement. removal from the Registry. Such regulations designate legitimate online pharmacy ‘‘(C) ADDITIONAL INFORMATION REQUIRED.— shall provide a reasonable time period to websites on the Internet website of the Food In cases where satisfaction of the criteria de- correct the grounds for removal. and Drug Administration. scribed under subsection (c) cannot be ‘‘(ii) LIMITATION REGARDING APPEALS PROC- ‘‘(2) CONSUMER EDUCATION.—The Secretary verified without additional information or ESS.—The appeals process established under shall— some corrective action by the online phar- clause (i) shall in no case require the Sec- ‘‘(A) engage in a campaign to educate con- macy website operator, content owner, or do- retary— sumers on the availability and use of the main name registrant, the online pharmacy ‘‘(I) to disclose information that may im- Registry to promote public health and safety website shall not be designated as a legiti- pede an ongoing or potential criminal or reg- through means as determined appropriate mate online pharmacy website or placed on ulatory investigation; or and necessary by the Secretary, which may the Registry until the additional informa- ‘‘(II) to provide an opportunity for appeal include radio, television, print media, and tion is received by the Secretary and the in cases where the Secretary determines, in Internet public service announcements; and Secretary determines that all applicable and the Secretary’s sole discretion, that the vio- ‘‘(B) make consumer education materials necessary corrective actions have been lation of a Registry requirement is materi- available, on the Internet website of the taken. ally significant, such a violation is not like- Food and Drug Administration and in a con- ‘‘(3) REGULATIONS REGARDING APPLICATION ly to be curable, or the applicant has en- sumer-friendly form and manner, regarding PROCESS.— gaged in a pattern of violations of Federal or how to safely purchase drugs over the Inter- ‘‘(A) IN GENERAL.—The Secretary shall pro- State law. net. mulgate regulations— ‘‘(e) CONTRACTS WITH PRIVATE ENTITIES.— ‘‘(g) REFUSAL OF SERVICE; IMMUNITY.— ‘‘(i) to establish the timeframes applicable ‘‘(1) IN GENERAL.—The Secretary may enter ‘‘(1) REFUSAL OF SERVICE.—A domain name to informing online pharmacy website opera- into contracts with the United States Na- registry, domain name registrar, other do- tors, content owners, or domain name reg- tional Association of Boards of Pharmacy or main name authority, financial transaction istrants that submit an application under other private entities to— provider, information location tool service paragraph (1) of the acceptance or denial of ‘‘(A) review applications submitted under provider, or Internet advertising service, act- such application; subsection (d)(1) and evaluate whether the ing in good faith based on the Registry, may ‘‘(ii) to address what information may be online pharmacy website satisfies the cri- cease or refuse to provide services to an on- shared with or withheld from online phar- teria described under subsection (c); line pharmacy website that is not included macy website operators, content owners, or ‘‘(B) on an ongoing basis, review and iden- on the Registry. domain name registrants that submit such tify online pharmacy websites for which no ‘‘(2) IMMUNITY FROM LIABILITY.—An entity an application regarding corrective actions application has been submitted under sub- described in paragraph (1), including the di- that would need to be taken to establish section (d)(1) and evaluate whether these on- rectors, officers, employees, or agents of compliance with the Registry requirements; such entity, that, acting in good faith, ‘‘(iii) to establish an appeal process giving line pharmacies satisfy the criteria described under subsection (c); ceases or refuses to provide services to an online pharmacy website operators, content online pharmacy website that is not listed owners, or domain name registrants that ‘‘(C) make recommendations to the Sec- retary as to whether an online pharmacy on the Registry shall not be liable to any submit such an application the ability to re- party under any Federal or State law for quest a second review of the application to website, either through application or such action. determine compliance with the Registry re- through identification under subparagraph ‘‘(3) IMMUNITY FROM SUIT.—No cause of ac- quirements; and (B), satisfies the criteria under subsection tion shall lie in any court or administrative ‘‘(iv) to address other procedural matters (c); agency against any entity described in para- regarding the receipt and evaluation of ap- ‘‘(D) notify the Food and Drug Administra- graph (1), including the directors, officers, plications submitted under paragraph (1) as tion of online pharmacy websites that do not employees, or agents of such entity, that, the Secretary determines necessary. to satisfy such criteria; and acting in good faith, ceases or refuses to pro- ‘‘(B) LIMITATION REGARDING APPEALS PROC- ‘‘(E) provide services to maintain the Reg- vide services to an online pharmacy website ESS.—The appeals process established under istry. subparagraph (A)(iii) shall in no case require ‘‘(2) CONTRACTING.—In contracting with en- that is not included on the Registry.’’. the Secretary— tities under this subsection, the Secretary— SEC. 5. FUNDING. ‘‘(i) to disclose information that may im- ‘‘(A) may waive such provisions of the Fed- There is authorized to be appropriated pede an ongoing or potential criminal or reg- eral Acquisition Regulation, except for pro- such sums as may be necessary to carry out ulatory investigation; or visions relating to confidentiality of infor- this Act (and the amendments made by this ‘‘(ii) to provide an opportunity for appeal mation, as necessary for the efficient imple- Act). in cases where the Secretary determines, in mentation of this subsection and for select- SEC. 6. EFFECTIVE DATE. the Secretary’s sole discretion, that the vio- ing such entities; and This Act (and the amendments made by lation of a Registry requirement is materi- ‘‘(B) shall select entities that have dem- this Act) shall take effect on the date that is ally significant, such a violation is not like- onstrated a history of competency in review- 180 days after the date of enactment of this ly to be curable, or the applicant has en- ing, evaluating, and determining the legit- Act. gaged in a pattern of violations of Federal or imacy of online pharmacy websites, based on State law. standards approved by the United States Na- By Mr. UDALL of New Mexico ‘‘(4) AUTHORITY AND PROCESS FOR REMOVAL tional Association of Boards of Pharmacy. (for himself, Mr. BINGAMAN, Mr. ‘‘(3) TERMS OF CONTRACT.—A contract with FROM REGISTRY.— INOUYE, and Ms. LANDRIEU). an entity under this subsection shall include ‘‘(A) IN GENERAL.—The Secretary shall S. 2004. A bill to grant the Congres- have the authority to remove an online phar- such terms and conditions as specified by the macy website from the Registry— Secretary, including the following: sional Gold Medal to the troops who ‘‘(i) upon determination that the online ‘‘(A) The entity shall monitor the Internet defended Bataan during World War II; pharmacy website is not in compliance with on an ongoing basis in order to sufficiently to the Committee on Banking, Hous- the criteria as established by this section; maintain a current list of legitimate online ing, and Urban Affairs. ‘‘(ii) upon determination that the online pharmacy websites for consideration by the Mr. UDALL of New Mexico. Mr. pharmacy website was mistakenly included Secretary. President, last week we marked the in the Registry; or ‘‘(B) On at least a monthly basis, the enti- 70th anniversary of the attack on Pearl ‘‘(iii) for good cause as determined by the ty shall submit to the Secretary an updated Harbor, an event that led to the U.S. list of legitimate online pharmacy websites Secretary based on credible evidence. into the Second World War. But that ‘‘(B) PROCESS.—If the Secretary determines recommended for inclusion on the Registry. that an online pharmacy website shall be re- ‘‘(f) USE OF REGISTRY.— wasn’t the only important 70th anni- moved from the Registry under subpara- ‘‘(1) PUBLIC AVAILABILITY.—The Secretary versary commemorated last week. Sev- graph (A), the Secretary shall provide notice shall— enty years ago, on December 8, 1941, to the operator, content owner, or domain ‘‘(A) make the Registry available to Inter- the day after the attack on Pearl Har- name registrant of the online pharmacy net advertising services, financial trans- bor, halfway across the world the long website of the determination, the date of the action providers, domain name registries, battle for control of the strategically removal of the website from the Registry, domain name registrars, other domain name important country of the Philippines and the reasons for removal. authorities, information location tool serv- began. ‘‘(C) REGULATIONS FOR APPEAL PROCESS.— ice providers, and others as determined nec- ‘‘(i) IN GENERAL.—The Secretary shall pro- essary and appropriate by the Secretary to This is a battle that began in the air mulgate regulations that provide the oper- promote public health and safety; and on the sea, but would ultimately ator, content owner, or domain name reg- ‘‘(B) make the Registry available to con- see the surrendered American and Fili- istrant of an online pharmacy website re- sumers and other interested persons through pino troops forced on a brutal death

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.045 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8688 CONGRESSIONAL RECORD — SENATE December 15, 2011 march, languishing in substandard Hispanic origin, earned the honor of ards state that management should ensure POW camps, and in many cases, suc- being the first to fire and defend the that the agency has adequate means of com- cumbing to malnourishment, mistreat- Philippines on December 8. A special municating with and obtaining information ment, and disease. group, they were successors to the New from external stakeholders when such infor- It is on behalf of all of these soldiers mation could have a significant impact on Mexico National Guardsmen who made the agency’s achieving its goals.’’; that I introduce legislation to honor up part of Teddy Roosevelt’s famed Whereas the GAO Report found that the the Defenders of Bataan, a peninsula ‘‘Rough Riders’’ from the Spanish- Secretary of the Treasury’s ‘‘lack of clarity on the island of Luzon where the battle American war. in explaining program requirements and de- ended, but the hellish journey began, One of these men, Eliseo Lopez, a Ba- cisions created confusion among applicants’’; with a Congressional Gold Medal. They taan defender who was born in Spring- Whereas the GAO Report expressed the fol- are most deserving and this honor is, I er, NM, endured all the horrors Bataan lowing: ‘‘Internal control standards for the believe, long overdue. had to offer. A member of the 200th federal government state that internal con- Soon after the air and naval battle Coast Artillery Regiment he trained at trol activities are a major part of efficiently for the Philippines began, the Japanese Ft. Bliss and was deployed to Manila and effectively managing a program. Control activities, such as (1) proper execution of would land a sizable force to take con- before war broke out. He fought the transactions and events, (2) accurate and trol of Luzon. Ten days later the Japa- Japanese on Bataan. He survived the timely recording of transactions and events, nese began their main offensive into Death March to Camp O’Donnell and (3) and establishing and reviewing perform- the island. was moved to Cabanatuan prison camp. ance measures, are an integral part of an On Christmas Eve, 1941, General Mac- He was taken on a hell ship to Japan, agency’s planning, implementing, reviewing, Arthur put War Plan Orange 3 into ef- and was forced to labor in a copper and accountability for stewardship of gov- fect. This plan called for some troops mine until he was rescued in Sep- ernment resources and achieving effective to delay the Japanese advance as the tember of 1945. Mr. Lopez died this past results. Establishing performance measures greater force withdrew into Bataan. and developing a process for monitoring par- November at the age of 92. His obituary ticipating financial institutions will be crit- According to historical documents, the alone is a record of the tremendous ical to identifying and addressing any poten- purpose of the plan was to keep Manila service to the United States given by tial problems in these institutions’ compli- Bay from Japanese control until the the Bataan defenders. ance with program requirements. Until U.S. Navy could reopen the supply In New Mexico, we continue to honor Treasury finalizes its plans for monitoring lines that had been cut off after the at- and respect our Bataan Defenders. We compliance and assessing impact in a timely tack on Pearl Harbor. remember their suffering. We take manner, it will not be positioned to antici- With the supply lines cut off, troops pride in their heroism. Every year we pate and manage payment problems and also had no hope of reinforcements. De- commemorate their sacrifice with a other program risks.’’; spite this logistical nightmare, they Whereas the GAO Report concluded that march at White Sands Missile Range. the Secretary of the Treasury has not final- valiantly fought to defend the Phil- Other States, such as Missouri, have ized plans for assessing the impact of the ippines. For months, against all odds, similar marches. In April, Missouri Small Business Lending Fund Program on they held back the enemy advance. The will honor their Bataan veterans with small business lending or procedures for Japanese, hoping for a swift victory, a march on the Katy Trail State Park. monitoring recipients for compliance with were forced to slow the pace of their The people of the United States and requirements of the Small Business Lending Pacific strategy. The delay enabled Philippines are forever indebted to Fund Program; and U.S. and allied forces the chance to re- Eliseo Lopez and the other men who Whereas the GAO Report concluded that, group in the Pacific and prepare for the served with him and endured the simi- until the Secretary of the Treasury finalizes plans for monitoring compliance with and eventual liberation of occupied Pacific lar horrors. They represented the best assessing the impact of the Small Business islands and the Philippines. of America. They hailed from diverse Lending Fund Program in a timely manner, But by April of 1942, the defenders of locales, but were united in their valor the Secretary will not be positioned to an- Bataan were malnourished and ex- and in their devotion to their country. ticipate and manage payment problems and hausted. With no hope of overcoming Their courage and tenacity during the other program risks: Now, therefore, be it the overwhelming conditions, they first four months of World War II, and Resolved, That it is the sense of the Senate were ordered to surrender. While many their perseverance during 3 years of that, as recommended by the Comptroller followed the order to lay down their imprisonment truly deserves the rec- General of the United States in the Decem- arms, others still fought to disrupt the ognition of a Congressional Gold ber 2011 report entitled ‘‘Small Business Japanese by forming guerrilla units to Medal. I urge my colleagues to join me Lending Fund: Additional Actions Needed to maintain the opposition. in supporting this legislation. Improve Transparency and Accountability’’ One such guerrilla leader was Okla- f (GAO–12–183)— homa native and Choctaw Warrior Lt. (1) to promote transparency and improve Colonel Edward McClish, who, accord- SUBMITTED RESOLUTIONS communication with participants in the ing to the U.S. Navy’s historical Small Business Lending Fund Program and other interested stakeholders, such as Con- website, ‘‘had an organization of more SENATE RESOLUTION 348—EX- than 300 soldiers, with four machine gress and the appropriate Federal banking PRESSING THE SENSE OF THE agencies (as defined in section 3(q) of the guns, 150 rifles, and six boxes of ammu- SENATE THAT THE SECRETARY Federal Deposit Insurance Act (12 U.S.C. nition.’’ OF THE TREASURY SHOULD 1813(q)), the Secretary of the Treasury Following capture, the defenders of TAKE ACTIONS TO INCREASE should apply lessons learned from the appli- Bataan suffered three years of intense THE TRANSPARENCY AND AC- cation review phase of the Small Business hardship. Many would not survive. COUNTABILITY OF THE SMALL Lending Fund Program to help improve the They would be forced to endure what communication strategy of the Secretary; BUSINESS LENDING FUND PRO- and became known as the horrendous 65- GRAM mile Bataan Death March. They would (2) to enhance the transparency and ac- Ms. SNOWE submitted the following countability of the Small Business Lending languish in substandard POW camps, Fund Program, the Secretary of the Treas- where their malnourishment worsened resolution; which was referred to the Committee on Small Business and En- ury should finalize— and disease was rampant. Many others (A) procedures for monitoring participants would be shipped to Japan on the trepreneurship: in the Small Business Lending Fund Pro- dreaded hell ships. One such ship, the S. RES. 348 gram, including procedures to ensure that Arisan Maru, claimed nearly 1,800 Whereas the Government Accountability the Secretary is receiving accurate informa- American lives. Office published a report in December 2011 tion on small business lending by such par- For us New Mexicans, the events of entitled ‘‘Small Business Lending Fund: Ad- ticipants; and Bataan strike home particularly hard. ditional Actions Needed to Improve Trans- (B) plans for assessing the performance of parency and Accountability’’ (GAO–12–183) the Small Business Lending Fund Program, Eighteen hundred men from New Mexi- (referred to in this preamble as the ‘‘GAO including measures that can isolate the im- co’s 200th and 515th regiments left Report’’); pact of Small Business Lending Fund Pro- their homes to fight. Approximately Whereas the GAO Report highlighted that gram from other factors that affect small half returned. These soldiers, largely of ‘‘Federal government internal control stand- business lending.

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.043 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8689 AMENDMENTS SUBMITTED AND for Enhancing Reactor Safety in the Corps, and Global Narcotics Affairs PROPOSED 21st Century.’’ subcommittee hearing entitled, ‘‘The The PRESIDING OFFICER. Without SA 1464. Mr. DURBIN (for Mrs. FEINSTEIN U.S.-Caribbean Shared Security Part- (for herself and Mr. GRASSLEY)) proposed an objection, it is so ordered. nership: Responding to the Growth of amendment to the bill S. 1612, to provide the COMMITTEE ON ENERGY AND NATURAL Trafficking Narcotics in the Carib- Department of Justice with additional tools RESOURCES bean.’’ to target extraterritorial drug trafficking Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without activity. unanimous consent that the Com- objection, it is so ordered. f mittee on Energy and Natural Re- f TEXT OF AMENDMENTS sources be authorized to meet during the session of the Senate on December PRIVILEGES OF THE FLOOR SA 1464. Mr. DURBIN (for Mrs. FEIN- 15, 2011 at 9:30 a.m., in room 366 of the Ms. MURKOWSKI. Mr. President, I STEIN (for herself and Mr. GRASSLEY)) Dirksen Senate Office Building. ask unanimous consent that Patrick proposed an amendment to the bill S. The PRESIDING OFFICER. Without Norton and Will Frey, interns in Sen- 1612, to provide the Department of Jus- objection, it is so ordered. ator PAUL’s office, be granted floor tice with additional tools to target COMMITTEE ON HEALTH, EDUCATION, LABOR, privileges for the remainder of the day. extraterritorial drug trafficking activ- AND PENSIONS The ACTING PRESIDENT pro tem- ity; as follows: Mr. DURBIN. Mr. President, I ask pore. Without objection, it is so or- Strike all after the enacting clause and in- unanimous consent that the Com- dered. sert the following: mittee on Health, Education, Labor, Mr. MCCAIN. Mr. President, I ask SECTION 1. SHORT TITLE. and Pensions be authorized to meet unanimous consent that MAJ James This Act may be cited as the ‘‘Targeting during the session of the Senate to con- Long, an Air Force fellow in Senator Transnational Drug Trafficking Act of 2011’’. duct a hearing entitled ‘‘Prescription THUNE’s office, be granted floor privi- SEC. 2. POSSESSION, MANUFACTURE OR DIS- Drug Shortages: Examining a Public TRIBUTION FOR PURPOSES OF UN- leges during today’s and tomorrow’s LAWFUL IMPORTATIONS. Health Concern and Potential Solu- sessions of the Senate. Section 1009 of the Controlled Substances tions’’ on December 15, 2011, at 10 a.m. The PRESIDING OFFICER. Without Import and Export Act (21 U.S.C. 959) is in room 106 of the Dirksen Senate Of- objection, it is so ordered. amended— fice Building. Mr. CHAMBLISS. Mr. President, I (1) by redesignating subsections (b) and (c) The PRESIDING OFFICER. Without ask unanimous consent that LTC John as subsections (c) and (d), respectively; and objection, it is so ordered. Novak, a legislative fellow in my of- (2) in subsection (a), by striking ‘‘It shall’’ COMMITTEE ON THE JUDICIARY and all that follows and inserting the fol- fice, be granted floor privileges during lowing: ‘‘It shall be unlawful for any person Mr. DURBIN. Mr. President, I ask the remainder of today’s session. to manufacture or distribute a controlled unanimous consent that the Com- The PRESIDING OFFICER. Without substance in schedule I or II or mittee on the Judiciary be authorized objection, it is so ordered. flunitrazepam or a listed chemical intending, to meet during the session of the Sen- f knowing, or having reasonable cause to be- ate, on December 15, 2011, at 10 a.m. in lieve that such substance or chemical will be room SD–226 of the Dirksen Senate Of- FALLEN HEROES OF 9/11 ACT unlawfully imported into the United States fice Building. or into waters within a distance of 12 miles Mr. REID. Mr. President, I ask unan- of the coast of the United States. The PRESIDING OFFICER. Without imous consent that we now proceed to ‘‘(b) It shall be unlawful for any person to objection, it is so ordered. H.R. 3421. manufacture or distribute a listed chem- SUBCOMMITTEE ON AFRICAN AFFAIRS The PRESIDING OFFICER. The ical— Mr. DURBIN. Mr. President, I ask clerk will report the bill by title. ‘‘(1) intending or knowing that the listed unanimous consent that the Com- The legislative clerk read as follows: chemical will be used to manufacture a con- mittee on Foreign Relations be author- A bill (H.R. 3421) to award Congressional trolled substance; and ized to meet during the session of the ‘‘(2) intending, knowing, or having reason- Gold Medals in honor of the men and women able cause to believe that the controlled sub- Senate on December 15, 2011, at 2:15 who perished as a result of the terrorist at- stance will be unlawfully imported into the p.m., to hold an African Affairs sub- tacks on the United States on September 11, United States.’’. committee hearing entitled, ‘‘Improv- 2001. There being no objection, the Senate f ing Governance in the Democratic Re- public of Congo.’’ proceeded to consider the bill. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent MEET objection, it is so ordered. that the bill be read three times and COMMITTEE ON AGRICULTURE, NUTRITION, AND SUBCOMMITTEE ON OCEANS, ATMOSPHERE, passed, the motion to reconsider be FORESTRY FISHERIES, AND THE COAST GUARD laid upon the table, with no inter- Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Mr. President, I ask vening action or debate, and that any unanimous consent that the Com- unanimous consent that the Sub- statements related to the bill be print- mittee on Agriculture, Nutrition, and committee on Oceans, Atmosphere, ed in the RECORD. Forestry be authorized to meet during Fisheries, and the Coast Guard of the The PRESIDING OFFICER. Without the session of the Senate on December Committee on Commerce, Science, and objection, it is so ordered. 15, 2011, at 10:30 a.m. in room 328A of Transportation be authorized to meet The bill (H.R. 3421) was ordered to a the Russell Senate Office Building. during the session of the Senate on De- third reading, was read the third time, The PRESIDING OFFICER. Without cember 15, 2011, at 10:30 a.m. in room and passed. objection, it is so ordered. 253 of the Russell Senate Office Build- The PRESIDING OFFICER. The Sen- COMMITTEE ON ENVIRONMENT AND PUBLIC ing. ator from Michigan. WORKS AND SUBCOMMITTEE ON CLEAN AIR The Committee will hold a hearing f AND NUCLEAR SAFETY entitled, ‘‘Environmental Risks of Ge- Mr. DURBIN. Mr. President, I ask netically Engineered Fish.’’ CORRECTING THE ENROLLMENT unanimous consent that the Com- The PRESIDING OFFICER. Without OF H.R. 2845 mittee on Environment and Public objection, it is so ordered. Mr. DURBIN. Mr. President, I ask Works and the Subcommittee on Clean SUBCOMMITTEE ON WESTERN HEMISPHERE, unanimous consent that the Senate Air and Nuclear Safety be authorized PEACE CORPS, AND GLOBAL NARCOTICS proceed to consideration of H. Con. to meet during the session of the Sen- Mr. DURBIN. Mr. President, I ask Res. 93, which was received from the ate on December 15, 2011, at 10 a.m. in unanimous consent that the Com- House and is at the desk. room 406 of the Dirksen Senate Office mittee on Foreign Relations be author- The PRESIDING OFFICER. The Building to conduct a joint hearing en- ized to meet during the session of the clerk will report the concurrent resolu- titled, ‘‘Review of the NRC’s Near- Senate on December 15, 2011, at 11 a.m., tion by title. Term Task Force Recommendations to hold a Western Hemisphere, Peace The legislative clerk read as follows:

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.047 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8690 CONGRESSIONAL RECORD — SENATE December 15, 2011 A concurrent resolution (H. Con. Res. 93) The PRESIDING OFFICER. The Whereas approximately 1 out of every 3 providing for a correction to the enrollment question is on the engrossment and women and 1 out of every 2 men will develop of the bill H.R. 2845. third reading of the bill. cancer in their lifetimes, and more than There being no objection, the Senate The bill (S. 1612), as amended, was or- 570,000 people in the United States will die from cancer this year, which is more than 1 proceeded to consider the concurrent dered to be engrossed for a third read- person every minute and nearly 1 out of resolution. ing, was read the third time, and every 4 deaths; Mr. DURBIN. I ask unanimous con- passed. Whereas the commitment of the United sent that the concurrent resolution be f States to cancer research and biomedical agreed to, the motion to reconsider be science has enabled more than 12,000,000 peo- laid upon the table, with no inter- RECOGNIZING THE 40TH ANNIVER- ple in the United States to survive cancer, 15 vening action or debate, and that any SARY OF THE NATIONAL CAN- percent of whom were diagnosed 20 or more CER ACT OF 1971 years ago, and has resulted in extraordinary statements be printed in the RECORD. Mr. DURBIN. Mr. President, I ask progress being made against cancer, includ- The PRESIDING OFFICER. Without ing— objection, it is so ordered. unanimous consent that the HELP (1) an increase in the average 5-year sur- The concurrent resolution (H. Con. Committee be discharged from further vival rate for all cancers combined to 68 per- Res. 93) was agreed to. consideration of S. Res. 347 and the cent for adults and 80 percent for children and adolescents, up from 50 percent and 52 f Senate proceed to its immediate con- sideration. percent, respectively, in 1971; TARGETING TRANSNATIONAL The PRESIDING OFFICER. Without (2) average 5-year survival rates for breast DRUG TRAFFICKING ACT OF 2011 and prostate cancers exceeding 90 percent; objection, it is so ordered. The clerk (3) a decline in mortality due to colorectal Mr. DURBIN. Mr. President, I ask will report the resolution by title. cancer and prostate cancer; and unanimous consent that the Judiciary The legislative clerk read as follows: (4) from 1990 to 2007, a decline in the death Committee be discharged from further A resolution (S. Res. 347) recognizing the rate from all cancers combined of 22 percent consideration of S. 1612 and the Senate 40th anniversary of the National Cancer Act for men and 14 percent for women, resulting of 1971 and the more than 12,000,000 survivors in nearly 900,000 fewer deaths during that pe- proceed to its consideration. riod; The PRESIDING OFFICER. Without of cancer alive today because of the commit- ment of the United States to cancer research Whereas the driving force behind this objection, it is so ordered. The clerk and advances in cancer prevention, detec- progress has been support for the National will report the bill by title. tion, diagnosis, and treatment. Cancer Institute and its parent agency, the The legislative clerk read as follows: There being no objection, the Senate National Institutes of Health, which funds A bill (S. 1612) to provide the Department the work of more than 325,000 researchers proceeded to consider the resolution. and research personnel at more than 3,000 of Justice with additional tools to target Mr. DURBIN. Mr. President, I ask extraterritorial drug trafficking activities. universities, medical schools, medical cen- unanimous consent to be added as co- ters, teaching hospitals, small businesses, There being no objection, the Senate sponsor of this measure. and research institutions in every State; proceeded to consider the bill. The PRESIDING OFFICER. Without Whereas the commitment of the United Mr. DURBIN. I ask unanimous con- objection, it is so ordered. States to cancer research has yielded sub- sent that the Feinstein substitute Mr. DURBIN. Mr. President, I further stantial returns in both research advances amendment, which is at the desk, be ask that the resolution be agreed to, and lives saved, and it is estimated that agreed to; the bill, as amended, be read the preamble be agreed to, the motions every 1 percent decline in cancer mortality three times and passed; the motion to saves the economy of the United States to reconsider be laid upon the table, $500,000,000,000 annually; reconsider be laid upon the table, with with no intervening action or debate, Whereas advancements in understanding no intervening action or debate; and and that any statements be printed in the causes and mechanisms of cancer and im- that any statements be printed in the the RECORD. provements in the detection, diagnosis, RECORD. The PRESIDING OFFICER. Without treatment, and prevention of cancer have led The PRESIDING OFFICER. Without objection, it is so ordered. to cures for many types of cancers and have objection, it is so ordered. The resolution (S. Res. 347) was converted other types of cancers into man- The amendment (No. 1464) was agreed agreed to. ageable chronic conditions; to, as follows: The preamble was agreed to. Whereas continued support for clinical The resolution, with its preamble, trials to evaluate the efficacy and thera- Strike all after the enacting clause and in- peutic benefit of promising treatments for sert the following: reads as follows: cancer is essential for translating new SECTION 1. SHORT TITLE. S. RES. 347 knowledge and discoveries into tangible ben- This Act may be cited as the ‘‘Targeting Whereas 40 years ago, with the passage of efits for patients, especially because all Transnational Drug Trafficking Act of 2011’’. the National Cancer Act of 1971 (Public Law standard cancer therapies began as clinical SEC. 2. POSSESSION, MANUFACTURE OR DIS- 92–218; 85 Stat. 778), the leaders of the United trials; TRIBUTION FOR PURPOSES OF UN- States came together to set the country on Whereas, despite the significant progress LAWFUL IMPORTATIONS. a concerted course to conquer cancer that has been made in treating many can- Section 1009 of the Controlled Substances through research; cers, there remain those cancers for which Import and Export Act (21 U.S.C. 959) is Whereas the passage of the National Can- the mortality rate is extraordinarily high, amended— cer Act of 1971 led to the establishment of including pancreatic, liver, lung, multiple (1) by redesignating subsections (b) and (c) the National Cancer Program, which signifi- myeloma, ovarian, esophageal, stomach, and as subsections (c) and (d), respectively; and cantly expanded the authorities and respon- brain cancers, which have a 5-year survival (2) in subsection (a), by striking ‘‘It shall’’ sibilities of the National Cancer Institute, a rate of less than 50 percent; and all that follows and inserting the fol- component of the National Institutes of Whereas research advances concerning un- lowing: ‘‘It shall be unlawful for any person Health; common cancers, which pose unique treat- to manufacture or distribute a controlled Whereas the term ‘‘cancer’’ refers to more ment challenges, provide an opportunity for substance in schedule I or II or than 200 diseases that collectively represent understanding the general properties of flunitrazepam or a listed chemical intending, the leading cause of death for people in the human cancers and curing uncommon can- knowing, or having reasonable cause to be- United States under the age of 85, and the cers as well as more common cancers; lieve that such substance or chemical will be second leading cause of death for people in Whereas crucial developments have been unlawfully imported into the United States the United States overall; achieved in cancer research that could pro- or into waters within a distance of 12 miles Whereas cancer touches everyone, either vide breakthroughs necessary to address the of the coast of the United States. through a direct, personal diagnosis or indi- increasing incidence of, and reduce deaths ‘‘(b) It shall be unlawful for any person to rectly through the diagnosis of a family caused by, many forms of cancer; manufacture or distribute a listed chem- member or friend; Whereas research into the effect of certain ical— Whereas, in 2011, cancer remains one of the forms of cancer on different population ‘‘(1) intending or knowing that the listed most pressing public health concerns in the groups offers a significant opportunity to chemical will be used to manufacture a con- United States, with more than 1,500,000 peo- lessen the burden of the disease, because trolled substance; and ple in the United States expected to be diag- many population groups across the country ‘‘(2) intending, knowing, or having reason- nosed with cancer each year; suffer disproportionately from certain forms able cause to believe that the controlled sub- Whereas the National Institutes of Health of cancer; and stance will be unlawfully imported into the estimated the overall cost of cancer to be Whereas a sustained commitment to the United States.’’. greater than $260,000,000,000 in 2010 alone; research of the National Institutes of Health

VerDate Mar 15 2010 05:32 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.092 S15DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 15, 2011 CONGRESSIONAL RECORD — SENATE S8691 and the National Cancer Institute is nec- The PRESIDING OFFICER. Without To be major general essary to improve the entire spectrum of pa- objection, it is so ordered. BRIG. GEN. ROBERT G. KENNY tient care, from cancer prevention, early de- f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT tection, and diagnosis, to treatment and IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- long-term survivorship, and to prevent re- PROGRAM CATED UNDER TITLE 10, U.S.C., SECTION 12203: search advances from being stalled or de- Mr. DURBIN. Mr. President, we con- To be major general layed: Now, therefore, be it BRIGADIER GENERAL GARY M. BATINICH Resolved, That the Senate— tinue to work on an agreement to con- BRIGADIER GENERAL RICHARD S. HADDAD (1) recognizes the 40th anniversary of the sider the omnibus spending bill and a BRIGADIER GENERAL ROBERT M. HAIRE BRIGADIER GENERAL MICHAEL D. KIM National Cancer Act of 1971 (Public Law 92– payroll tax compromise. Senators will BRIGADIER GENERAL MARK A. KYLE 218; 85 Stat. 778); and be notified when votes are scheduled. BRIGADIER GENERAL KEVIN E. POTTINGER (2) celebrates and reaffirms the commit- The majority leader filed cloture on BRIGADIER GENERAL ROBERT D. REGO BRIGADIER GENERAL GEORGE F. WILLIAMS ment embodied in the National Cancer Act of the motion to proceed to H.R. 3630 this PRIVACY AND CIVIL LIBERTIES OVERSIGHT 1971, specifically, that support for cancer re- evening. Unless an agreement is BOARD search continues to be a national priority to reached, that vote will be Saturday address the scope of this pressing public RACHEL L. BRAND, OF IOWA, TO BE A MEMBER OF THE health concern. morning. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD FOR f A TERM EXPIRING JANUARY 29, 2017. (NEW POSITION) f DAVID MEDINE, OF MARYLAND, TO BE CHAIRMAN AND ADJOURNMENT UNTIL 10 AM MEMBER OF THE PRIVACY AND CIVIL LIBERTIES OVER- MEASURE READ THE FIRST SIGHT BOARD FOR A TERM EXPIRING JANUARY 29, 2012. TOMORROW (NEW POSITION) TIME—H.R. 3094 DAVID MEDINE, OF MARYLAND, TO BE CHAIRMAN AND Mr. DURBIN. Mr. President, if there Mr. DURBIN. Mr. President, I under- MEMBER OF THE PRIVACY AND CIVIL LIBERTIES OVER- is no further business to come before SIGHT BOARD FOR A TERM EXPIRING JANUARY 29, 2018. stand there is a bill at the desk, and I (REAPPOINTMENT) the Senate, I ask unanimous consent ask for its first reading. PATRICIA M. WALD, OF THE DISTRICT OF COLUMBIA, that it adjourn under the previous TO BE A MEMBER OF THE PRIVACY AND CIVIL LIBERTIES The PRESIDING OFFICER. The OVERSIGHT BOARD FOR A TERM EXPIRING JANUARY 29, clerk will report the bill by title. order. 2013. (NEW POSITION) The legislative clerk read as follows: There being no objection, the Senate, FOREIGN SERVICE at 7:03 p.m., adjourned until Friday, A bill (H.R. 3094) to amend the National THE FOLLOWING-NAMED CAREER MEMBERS OF THE Labor Relations Act with respect to rep- December 16, 2011, at 10 a.m. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- RICULTURE FOR PROMOTION INTO THE SENIOR FOREIGN resentation hearings and the timing of elec- f SERVICE TO THE CLASS INDICATED: tions of labor organizations under that Act. CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, NOMINATIONS Mr. DURBIN. I now ask for a second CLASS OF COUNSELOR: RONALD P. VERDONK, OF MARYLAND reading, and in order to place the bill Executive nominations received by the Senate: BRUCE J. ZANIN, OF CALIFORNIA on the calendar under the provisions of IN THE ARMY DEPARTMENT OF STATE rule XIV, I object to my own request. THE FOLLOWING ARMY NATIONAL GUARD OF THE The PRESIDING OFFICER. Objec- MICHAEL A. RAYNOR, OF MARYLAND, A CAREER MEM- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- tion is heard. The bill will be read the BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER SELOR, TO BE AMBASSADOR EXTRAORDINARY AND TITLE 10, U.S.C., SECTIONS 12203 AND 12211: second time on the next legislative PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF BENIN. To be brigadier general day. JACOB WALLES, OF DELAWARE, A CAREER MEMBER OF COL. STEVEN FERRARI f THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER— COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ORDERS FOR FRIDAY, DECEMBER PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA f TO THE TUNISIAN REPUBLIC. 16, 2011 NATIONAL LABOR RELATIONS BOARD CONFIRMATION Mr. DURBIN. Mr. President, I ask SHARON BLOCK, OF THE DISTRICT OF COLUMBIA, TO BE unanimous consent that when the Sen- A MEMBER OF THE NATIONAL LABOR RELATIONS BOARD Executive nomination confirmed by FOR THE TERM OF FIVE YEARS EXPIRING DECEMBER 16, ate completes its business today, it ad- 2014, VICE CRAIG BECKER. the Senate December 15, 2011: journ until 10 a.m., on Friday, Decem- RICHARD F. GRIFFIN, JR., OF THE DISTRICT OF COLUM- THE JUDICIARY BIA, TO BE A MEMBER OF THE NATIONAL LABOR RELA- ber 16, 2011; that following the prayer TIONS BOARD FOR THE TERM OF FIVE YEARS EXPIRING MORGAN CHRISTEN, OF ALASKA, TO BE UNITED and pledge, the Journal of proceedings AUGUST 27, 2016, VICE WILMA B. LIEBMAN, TERM EX- STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. be approved to date, the morning hour PIRED. be deemed expired, and the time for the IN THE AIR FORCE f two leaders be reserved for their use THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- WITHDRAWAL later in the day; that following any CATED UNDER TITLE 10, U.S.C., SECTION 12203: leader remarks, the Senate be in morn- To be brigadier general Executive message transmitted by ing business until 12 p.m., with Sen- COL. HARRIS J. KLINE the President to the Senate on Decem- ators permitted to speak therein for up THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ber 15, 2011 withdrawing from further to 10 minutes each, with the first hour IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- Senate consideration the following CATED UNDER TITLE 10, U.S.C., SECTION 12203: equally divided and controlled between nomination: the two leaders or their designees, with To be brigadier general CRAIG BECKER, OF ILLINOIS, TO BE A MEMBER OF THE the majority controlling the first 30 COL. RICHARD M. ERIKSON NATIONAL LABOR RELATIONS BOARD FOR THE TERM OF minutes and the Republicans control- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FIVE YEARS EXPIRING DECEMBER 16, 2014, VICE DENNIS IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- P. WALSH, WHICH WAS SENT TO THE SENATE ON JANU- ling the next 30 minutes. CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARY 26, 2011.

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HONORING THE RETIREMENT OF Dottie, congratulations on a job well done, HONORING THELMA AND JOSEPH DOTTIE P. MARSHALL and thank you for your exceptional service. LASALVIA FOR RECEIVING THE CHRISTE FIDELIS AWARD HON. JAMES P. MORAN f OF VIRGINIA HON. DANIEL LIPINSKI IN THE HOUSE OF REPRESENTATIVES EXPANSION OF THE WOMEN’S OF ILLINOIS POST TRAUMATIC STRESS DIS- IN THE HOUSE OF REPRESENTATIVES Thursday, December 15, 2011 ORDER RESIDENTIAL TREAT- Thursday, December 15, 2011 Mr. MORAN of Virginia. Mr. Speaker, today, MENT PROGRAM AT THE BATA- I come before this body to give praise and ex- VIA VA MEDICAL CENTER Mr. LIPINSKI. Mr. Speaker, I rise today to press gratitude to Dottie P. Marshall, National honor two of my constituents, Thelma and Jo- Park Service Superintendent for the George seph LaSalvia, for receiving the Christe Fidelis Washington Memorial Parkway. Dottie is retir- HON. KATHLEEN C. HOCHUL Award in recognition of their devotion to their ing this month after close to forty years of faith and to St. Louis de Montfort Parish. service with the National Park Service. She OF NEW YORK On November 6, 2011, Cardinal Francis George of Chicago honored Thelma and Jo- began her career in 1971 as a member of the IN THE HOUSE OF REPRESENTATIVES Youth Conservation Corps at Harpers Ferry seph LaSalvia with the Christe Fidelis Award National Historic Park. She went on to direct Thursday, December 15, 2011 at a prayer service celebrated at Holy Name one of the service’s Youth Conservation Corps Cathedral. Christe Fidelis, which translates to Ms. HOCHUL. Mr. Speaker, it is my distinct camps. Over the years she has been a budget ‘‘Loyalty to Christ,’’ is awarded to Catholics analyst, administrative officer, Deputy Super- honor to take the opportunity to recognize the throughout the Archdiocese who have dem- intendent, Associate Regional Director and expansion of the Womens’ Post Traumatic onstrated a high level of Christian service Superintendent. Stress Disorder Residential Treatment Pro- through various ministries in their respective I first met Dottie when she began work at gram at the Batavia VA Medical Center in my parishes. the George Washington Memorial Parkway district today. This is the first residential PTSD Thelma and Joe LaSalvia are well deserving more than 12 years ago. The Parkway is the treatment center for women veterans in New of this award. Over the years, they have been involved in the ministry of care to the sick, the largest contiguous property in my congres- York State. The VA is anticipating the treat- sional district. It includes Arlington House, the capital campaign, and the church’s contem- ment of up to 120 women veterans at this fa- porary choir. They also celebrate a weekly Robert E. Lee Memorial and the Women in cility, and will provide care from 6–8 weeks the Military Service for America Memorial, communion service at a local nursing home, depending on their needs. The $5.4 million in more than 29 sites and resources. They all volunteer on the church decorating committee, funding for this project was provided by a enhance the lives of my constituents on a and serve as sacristans for their weekday daily basis. Of course, throughout our ac- women’s health initiative by the Department of liturgies. Through this aid they illustrate their quaintance there have been dozens of conten- Veterans Affairs and will help provide vital dedication to the parish and to making a posi- tious issues we have had to deal with over the services to female veterans throughout West- tive difference in the lives of many people in years. But, almost all of them have been re- ern New York. need. As a fellow Catholic, I am strengthened by solved amicably. And in the pressure cooker For over two decades women have served that the Nation’s capital can become, she has their example of faithful living. Their help to on the battlefield, leading to unprecedented those in need, to the sick, and to the elderly deftly managed to solve problems large and trauma that requires focused treatment upon small before any lids were blown. Dottie epito- is remarkable. I applaud Thelma and Joe their return to civilian life. And with more mizes ‘‘grace under fire.’’ LaSalvia for their selfless dedication to others Recounting them now is like a walk down women serving in the military than ever be- and wish them well as they continue their jour- memory lane. From standing with her when fore—15 percent of all active military per- ney as faithful Catholics serving others. rumors about the imminent closure of the pop- sonnel and 20 percent of reservists—we must f ular Belle Haven Marina generated a large expand the availability of health facilities and IRAN THREAT REDUCTION ACT OF and angry turnout to discussing which type of benefits to our women veterans. 2011 plant would be the ideal buffer between a resi- According to the Department of Veterans Af- SPEECH OF dential neighborhood and Jones Point Park, fairs, women veterans are four times more Dottie has shown leadership and wisdom. In likely to have long lasting PTSD than men, HON. CAROLYN B. MALONEY every circumstance and on every occasion, OF NEW YORK Dottie has been fair, honest and dedicated in which may lead to severe depression, sub- IN THE HOUSE OF REPRESENTATIVES her commitment to resolve whatever matter stance abuse, and physical health problems. was at hand. In fact, long ago she earned my The VA is taking the proper steps to adapt to Tuesday, December 13, 2011 respect, trust and appreciation. the growing number of women veterans; how- Mrs. MALONEY. Mr. Speaker, Iran’s quest I am particularly proud of several major ever, there are currently less than a dozen for nuclear weapons puts the entire globe at projects that she successfully completed, in- centers in the United States that provide risk. cluding restoration of the Slave Quarters at Ar- PTSD services. Iran has proven itself to be less than truthful lington House, improving the ramp from the in its discussions about its nuclear weapons Without the selfless actions of all the brave 14th Street Bridge onto the northbound lanes program. It hid its nuclear enrichment facility in of the parkway and honoring the World War II men and women of the Armed Forces, past Qom from the International Atomic Energy veterans who finally received their long over- and present, our country would not live so Agency (IAEA). It told the world it was enrich- due recognition for their intelligence work at freely. For years, our veterans have gone un- ing uranium for non-military purposes, but the the secret interrogation facility known as ‘‘P.O. treated for PTSD, causing perpetual hardships enrichment site at Qom and elsewhere appear Box 1142,’’ today known as Fort Hunt. for them and their families after they have re- to have no civilian application. I wish her the best in her future pursuits. turned home from the battlefield. Today, we And while sanctions have had some impact, Dottie can take pride in knowing her skillful recognize our female veterans and make Iran has persisted in its efforts to obtain nu- management will ensure that of many of our progress in providing them with the proper clear weapons. Iran has also succeeded in Nation’s treasured historic, cultural and natural care they need and deserve. evading the impact of existing sanctions by resources will endure long after we are all creating one front company after another to gone. shield its activities.

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

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with E2270 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2011 What’s particularly troubling, is that at the PERSONAL EXPLANATION There he earned the rank of Technical Ser- same time as it is building its nuclear program, geant. Iran has continued to threaten its neighbors. It HON. BOB FILNER In 1994, Chief Parker was chosen as one of only three members of the 180th to be part of has armed and funded Hezbollah and Hamas, OF CALIFORNIA the Combined Task Force at Incirlik Air Base, which are dedicated to eradicating the state of IN THE HOUSE OF REPRESENTATIVES Israel. In 2005, Iran’s President Mahmoud Turkey, where he was part of a team that pro- Ahmadinejad said that Israel should be wiped Thursday, December 15, 2011 vided electronic countermeasures mainte- off the face of the map. In 2008, he said: ‘‘The Mr. FILNER. Mr. Speaker, on rollcall 931, I nance support. people of the region would not miss the nar- was away from the Capitol due to prior com- In 1995, he was promoted to Master Ser- rowest opportunity to annihilate this false re- mitments to my constituents. Had I been geant. In 1998, he was selected First Ser- gime.’’ present, I would have voted ‘‘yes.’’ geant of the Aircraft Maintenance Squadron. f He was named the Enlisted Association’s First But Israel is not Iran’s only target. In No- Sergeant of the Year in 1998 and the 180th vember a senior commander of Iran’s Revolu- IN OPPOSITION OF IMPLICATIONS Fighter Wing First Sergeant of the Year in tionary Guard threatened to bomb NATO TO MEDICAL RESEARCH IN H.R. both 1998 and 2004. bases in Turkey. Iran is currently threatening 1254 He became Senior Master Sergeant in 2005 to close the straits of Hormuz, which will affect and Chief Master Sergeant in 2008. In 2010 shipping, with particular impact on the crude HON. DORIS O. MATSUI he became the NCOIC of Student Flight, a po- oil exported from Saudi Arabia, Iran, the OF CALIFORNIA sition he held until retirement. United Arab Emirates, Kuwait and Iraq and liq- Throughout his career, Chief Parker was de- IN THE HOUSE OF REPRESENTATIVES uid natural gas from Qatar. ployed numerous times, including such loca- Thursday, December 15, 2011 Given Iran’s success in developing a nu- tions as Cold Lake, Canada; Incirlik Air Base, clear program, a number of its neighbors have Ms. MATSUI. Mr. Speaker, I rise today to Turkey; Balad Air Base, Iraq; and Al Udeid Air suggested that they may follow suit, creating bring attention to a possible unintentional con- Base, Qatar. further instability in the region. Earlier this sequence of H.R. 1254, the Synthetic Drug Chief Parker also received copious awards month, Turki al-Faisal, who has served as the Control Act of 2011. This legislation would add during his thirty-two years of service including Saudi intelligence chief and as ambassador to two categories of synthetic drugs to the list of the Meritorious Service Medal, the Air Force the United States, suggested that Saudi Ara- Schedule I controlled substances. Commendation Medal, the Armed Forces Ex- bia may seek nuclear weapons. Wikileaks re- While I am troubled by news reports involv- peditionary Medal, the Global War on Ter- rorism Service Medal, the Small Arms Marks- vealed that Egypt’s leaders told U.S. officials ing these drugs and I support restrictions on manship Ribbon, the Ohio Commendation that Egypt would acquire nuclear weapons if the sale of these chemicals for purposes of il- Medal, and the Ohio Award of Merit. Iran did. This lends greater urgency to the licit use, I am concerned about the impact the ban would impose on legitimate scientific re- Chief Master Sergeant David W. Parker’s need to persuade Iran to end its nuclear ambi- long and distinguished career with the Ohio tions. search, including much needed medical ad- vances. Air National Guard is a shining example to all Nuclear weapons are particularly threat- To maintain our position in the world as the who volunteer and serve. I am proud to wish ening when held by a nation whose leaders leader in the research and development of him and his family every success as they have no apparent respect for human life. Iran pharmaceuticals, we must ensure that re- move on to a new chapter in their lives. has an unrivaled record of human rights searchers have access to the compounds nec- f abuses, from the imprisonment of people of essary to discover and create new drugs. We the Ba’hai faith, to the use of the death pen- CURBING CONGRESSIONAL cannot afford to stifle these advancements. At BENEFITS alty against minors, to the use of torture and a time when other countries continue to make amputation against prisoners, to discrimination gains in medical research, we must make cer- HON. MIKE COFFMAN against women, to the suppression and mur- tain our researchers have all available means OF COLORADO der of members of the democracy movement. necessary to further their studies and uphold IN THE HOUSE OF REPRESENTATIVES With thousands of its citizens murdered, tor- our competitive edge. tured or imprisoned, Iran’s record of human If enacted into law, should this measure Thursday, December 15, 2011 rights abuses is among the worst in the world. hinder any progress in the arena of medical Mr. COFFMAN of Colorado. Mr. Speaker, History shows that when dictators threaten research, I would urge Congress to re-exam- today I am introducing two more pieces of leg- their neighbors, there’s good reason to fear. ine this issue in a way that protects public islation to curb the benefits currently available And given Iran’s history of threats, its dedi- health while continuing to make much needed to Members of Congress. cated progress in enriching uranium, its evi- medical advancements possible. In the mean- The first ends the automatic pay increase dent determination to hide its nuclear program time, I would also urge my colleagues in the privilege for Members of Congress. In 1989, from the world and its abysmal human rights Senate to thoroughly examine this issue dur- Congress established the current formula for record, the world should do everything pos- ing any consideration of H.R. 1254 or a similar automatic annual salary adjustments under the sible to hinder it from obtaining nuclear weap- legislative proposal. Ethics Reform Act. The formula is based on ons. f the Employment Cost Index which tracks changes in private sector wages and salaries. That’s why I strongly support H.R. 1905, the HONORING CHIEF MASTER Unless Congress passes a law blocking it, the Iran Threat Reduction Act, which would imple- SERGEANT DAVID W. PARKER adjustment goes into effect automatically. ment a commonsense enhancement of exist- The current system is set up to allow Mem- ing sanctions—by providing greater options to HON. JIM JORDAN bers of Congress to receive pay raises without sanction entities doing business with the Cen- having to cast recorded votes for them and tral Bank of Iran; by expanding the types pe- OF OHIO IN THE HOUSE OF REPRESENTATIVES that is just wrong. Requiring recorded votes on troleum-related activities that could trigger pay increases will not only make the actions of sanctions to include certain petroleum re- Thursday, December 15, 2011 Congress more transparent but it is another source agreements with Iran, purchasing Ira- Mr. JORDAN. Mr. Speaker, I am honored to step that will make Congress more account- nian debt and supporting port facility construc- commend to the House the outstanding con- able to the citizens who elect them. tion and management; by imposing sanctions tributions of Chief Master Sergeant David W. Another benefit available to Members is life- on individuals involved in human rights abuses Parker who recently retired after thirty-two time eligibility for service in Congress. A life- or terrorism; by imposing sanctions on those years of service with the Ohio Air National time of service in Congress is, I believe, far who do business with Iran’s Revolutionary Guard’s 180th Fighter Wing. too insulating and privileged to assure us that Guard; by allowing states or other organiza- Chief Parker enlisted in the Ohio Air Na- our Representatives are firmly empathetic to tions to divest from Iran; by identifying those tional Guard on December 31, 1979, and and aligned with the needs of the American entities that are helping Iran evade sanctions, began basic training in February, 1980. He people. But given the significance of seniority among other things. started as an Electronic Warfare Specialist in in Congress, States that encourage their I urge my colleagues to join me in voting in the Electronic Counter Measures Shop in the members to pledge to limit their terms volun- support of H.R. 1905. Consolidated Aircraft Maintenance Squadron. tarily are at a disadvantage with States that

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E2271 don’t. I believe that the solution is to make as a commercial airline check airman and In 2010 Mr. Taylor led a statewide initiative term limits mandatory by passing a constitu- flight instructor, he instructed young pilots at to purchase a multimillion dollar client data- tional amendment that would limit the terms of the Gulfstream Flight Academy for Gulfstream base within nine months that substantially in- Members of Congress so that everyone will be Airlines based in Miami, Florida. He left an ev- creased accessibility and efficiency. The initia- subject to the same requirement. I am intro- erlasting impression on these young pilots tive included a plan to deliver training to staff ducing a proposal to do this, and limit House who would later recall these stories of his Ma- and is now being used by every Community and Senate Member terms to 12 years. rine Corps days, commercial airline career, Action Agency in the State. These bills are the latest proposals of my and world travels as ‘‘Erwinisms.’’ I have witnessed first-hand Mr. Taylor’s pas- ongoing efforts to reform Congress. In addition Our country owes a tremendous debt of sion and dedication through the years. He is to chairing the Congressional Balanced Budg- gratitude to Captain Korczynski for his tireless an outspoken advocate for low-income home et Amendment Caucus, and so working to defense of our country during two major con- energy assistance, as well as the Community take away the unlimited ability of Congress to flicts. In neither case was he obligated to don Service Block Grant program, which is so im- borrow money, I introduced House Resolution a uniform. In voluntarily joining the Marines portant to the delivery of vital services to those 270 in January, which would cut Congres- and airlifting 30 years later, he illustrated his in need. Mr. Taylor has always focused like a sional pay by 10 percent as well as reduce commitment to freedom and democracy laser on ensuring that residents of the county Congressional office budgets. In September, I around the world. Simply put, the United receive the highest quality of services in an ef- introduced House Resolution 2913, which States is a better country because of him. I ficient and compassionate manner. It has would terminate the pension plan available to extend my heartfelt condolences to Captain been a true pleasure for my staff and I to work members of Congress. All of my reforms are Korczynski’s twin brother, Edwin, wife Hen- with him, and the citizens of Macomb County about changing the culture of Washington, rietta, daughters Elizabeth and Kiersten, sons are grateful for his dedicated service. D.C. to make government work for the Amer- Ryan and Christian, and granddaughter Mr. Speaker, I ask my colleagues to join me ican people. Emmalyn. He will always be remembered as a in recognizing Frank Taylor, who has worked I urge the passage of these bills. great man and a great American. tirelessly to improve the quality of living for f f working class people in Macomb County for 33 years. I am confident he will continue to HONORING ERWIN J. KORCZYNSKI TRIBUTE TO FRANK TAYLOR play an important role in the community where he is highly thought of, in addition to enjoying HON. DANIEL LIPINSKI HON. SANDER M. LEVIN a bit of retirement. Importantly, he and his wife OF ILLINOIS OF MICHIGAN Rosanne, married 34 years, now get to enjoy IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES spending time with their first grandchild, Olivia, Thursday, December 15, 2011 Thursday, December 15, 2011 just born on December 6th. f Mr. LIPINSKI. Mr. Speaker, I rise today to Mr. LEVIN. Mr. Speaker, I rise today to rec- honor Captain Erwin J. Korczynski, a talented ognize a dedicated, compassionate and effec- LEGISLATION TO ALLOW CON- pilot and patriot from Chicago, Illinois who tive public servant Frank Taylor, who is retiring GRESSIONAL NOMINATIONS TO died on January 5, 2011 of prostate cancer. after serving the people of Macomb County, THE U.S. COAST GUARD From an early age, Captain Korczynski ex- Michigan for 33 years, the last 10 as Director hibited the success and commitment to public of the County’s Community Services Agency. HON. BENNIE G. THOMPSON service that would define his life. Born in 1942 Mr. Taylor is a leader in the field of Commu- OF MISSISSIPPI to first generation Polish American parents, he nity Action Agencies and a shining example of IN THE HOUSE OF REPRESENTATIVES achieved the rank of Life Scout for the Boy everything a public servant should aspire to Scouts of America, lettered 6 times in Track be. Thursday, December 15, 2011 and Field at Lane Technical High School, and Mr. Taylor graduated from Wayne State Uni- Mr. THOMPSON of Mississippi. Mr. Speak- was a member of the famous Chicago Cava- versity with a Bachelor of Science Degree in er, I am proud to introduce legislation today lier Drum and Bugle Corps. He also attended Education in 1974. The next year he began with the following Members: Mr. ELIJAH CUM- Northern Illinois University and entered the teaching and coaching at Harper Woods Pub- MINGS, Mr. JOHN DUNCAN, and Mr. PEDRO priesthood at St. Ambrose Seminary in Dav- lic Schools and began earning his Master of PIERLUISI. enport, Iowa—a calling that he would later Arts Degree in Education from Oakland Uni- Currently, Members of Congress are al- selflessly leave to join the Marine Corps. versity which he completed in 1980. In 1979, lowed to nominate a limited number of can- Even in his early years, Captain Korczynski he began his successful tenure with Macomb didates to the U.S. Military Academy, the U.S. showed a passion for aviation. From the age County, starting at the Macomb/St. Clair Work- Naval Academy, the U.S. Air Force Academy, of 15, he and his twin brother Edwin took fly- force Development Board as a Youth Pro- and the U.S. Merchant Marine Academy. How- ing lessons and graduated with their flying li- grams Supervisor. He rose through the ranks ever, the smallest of the five federal service censes at the age of 18. He joined the Marine becoming Assistant Director in 1982 and hold- academies—the U.S. Coast Guard Academy, Attack Squadron, VMA 131 in 1963 during the ing that position until 1997 when he was pro- USCGA—does not accept congressional escalation of the Vietnam War. During the moted to Director. In 2001 he embraced a nominations. course of the war, he rose to the rank of Ser- new challenge, moved departments and be- Instead, the USCGA admits candidates geant and was honorably discharged in 1969. came Director of the Macomb County Commu- through a process that closely resembles the Following his tenure with the Marines, Cap- nity Services Agency. admissions processes of civilian colleges and tain Korczynski flew commercial planes during Under Mr. Taylor’s leadership the Commu- universities. Without a congressional nomina- the golden age of commercial aviation. Im- nity Services Agency established highly effec- tions process, the applicant pool of candidates pressively, over 25,000 hours of flight time he tive programs and services that addressed to the USCGA is predictably less geographi- maintained a spotless record while at Eastern that most pertinent needs of county residents. cally diverse than at the other military service Airlines and several other airlines around the He worked diligently to leverage funds from academies. The inevitable result of a less geo- world. the Recovery Act, administering over 14 mil- graphically diverse applicant pool is a less Using his flying talent to again serve our lion dollars for vital programs such as Home geographically diverse class. The statistics country, Captain Korczynski volunteered from Weatherization, Food Assistance and Early bear this out; in fact, there was not a single 1990 to 1991 during the Persian Gulf War. As Head Start. In fact, through creative thinking, appointment from Arkansas, Delaware, Lou- a pilot in the Civil Reserve Air Fleet (CRAF), he was able to leverage funds and make the isiana, Mississippi, Montana, North Dakota, he flew civilian aircraft to transport troops and vital Early Head Start program permanent one Oregon, South Dakota, Vermont, American supplies necessary to liberate Kuwait. Captain year after its enactment. Samoa, Northern Mariana Islands, Puerto Korczynski was an honorably discharged Ma- In addition, the Senior Nutrition program Rico, and U.S. Virgin Islands in the USCGA rine and a reservist at the time, but was not vastly increased the number of meals offered Class of 2015. activated during the conflict. He volunteered to to homebound senior citizens and the Food Under my legislation, starting in academic serve anyway, showing his patriotism and Program increased the amount of emergency year 2013, each Member of Congress would dedication to his country. food distributed. Mr. Taylor effectively identi- be allowed to nominate up to three qualified In his later years, Captain Korczynski fied grant opportunities to provide emergency candidates to the U.S. Coast Guard Academy. trained and mentored young pilots. Certified services to low income individuals in need. In turn, the Coast Guard would be required to

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with E2272 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2011 fill a quarter of slots for the incoming class security services and armed forces. There was Ayman Mitri of renting an apartment to a pros- from the expanded pool of qualified, geo- one Christian governor out of 28, one elected titute, cut off one of his ears and mutilated his graphically-diverse applicants received through Member of Parliament out of 454 seats, no other ear. The attackers then informed the po- the congressional nominations process. Then, known university presidents or deans, and lice that they had carried out the punishment in each subsequent academic year, half of the very few legislators or judges. According to required by Islamic law. As was usual under slots in each incoming class would have to be the State Department, public university training Mubarak, the police refrained from pressing filled through the congressional nominations programs for Arabic-language teachers ex- charges and called for a ‘‘reconciliation’’ meet- process. clude non-Muslims because the curriculum in- ing between the religious communities. The My legislation will not require the Coast volves the study of the Koran. Christian man agreed to compensation during Guard to lower its student selection criteria or Other discrimination was official for every- the reconciliation session instead of pursuing increase the size of the student population. To one to see. Under Egyptian law, Muslim men criminal charges because the extremists alleg- the contrary, it anticipates that the Coast can marry Christian women but Muslim edly threatened his family. Guard will utilize its criteria to select the best women are prohibited from marrying Christian Also as under Mubarak, the authorities’ re- candidates from the pool of Member-nomi- men. fusal to punish attacks on Christians has led nated candidates for half of the slots in the in- And sometimes discrimination progressed to to more attacks. On March 23, Salafists sur- coming class, just as it will do to fill the slots outright violence against Christians. In Sep- rounded St. George’s church in Beni Ahmad in the other half of the incoming class. My leg- tember 2010, in the Omraneya district of and successfully demanded that a church ex- islation simply seeks to make Congress a Cairo, Egyptian authorities reportedly used ex- pansion approved by the government be partner in helping to put talented young peo- cessive force and live ammunition on peaceful stopped. On March 27, they blockaded St. ple—from every corner of the country—on the demonstrators protesting the government’s Mary’s church in Giza, saying it did not have path to a rewarding career in the U.S. Coast continued refusal to approve a license to build a permit. After yet another ‘‘reconciliation’’ Guard. a local church extension. Two people, includ- meeting between Copts and Muslims, services I urge support of this commonsense, bipar- ing a teenager, were killed, and dozens were at the church were forbidden until it acquired tisan legislation. wounded. No one has been brought to justice. a new permit. f When the government was using excessive On March 28, Salafists attacked a liquor force, it was radical Islamists. On January 1, store in Kasr El-Bassil owned by a Copt, de- PERSONAL EXPLANATION 2011, a bomb detonated in front of a Coptic stroyed other stores, and demanded that cof- church, Al Qiddissin (Two Saints), in Alexan- fee shops be closed. One villager was killed HON. LORETTA SANCHEZ dria, where a New Year’s prayer service was and eight others injured. On April 5, hundreds OF CALIFORNIA being held. At least 23 Christians were killed occupied St. John the Beloved church in IN THE HOUSE OF REPRESENTATIVES and nearly 100 wounded in the worst sec- Kamadeer, stopping repairs after heavy rain, tarian attack on Christians in Egypt in more and told Copts that they were not allowed to Thursday, December 15, 2011 than a decade. On January 23, then-Interior pray there anymore. After yet another ‘‘rec- Ms. LORETTA SANCHEZ of California. Mr. Minister Habib El-Adly asserted that conclu- onciliation,’’ Copts were told to build a church Speaker, due to unforeseen circumstances, I sive evidence pointed to a militant group, 200 meters away, one without a dome, cross, was unable to vote on the Conference report Army of Islam, as responsible for the attack. bell, or any other external feature marking it to H.R. 1540, the National Defense Authoriza- On January 11, 2011, an off-duty police offi- as a church. tion Act of FY2012 on December 14, 2011. I cer opened fire in a train in Minya province, Beginning on April 15, over 10,000 dem- would like to have it reflected in the CONGRES- killing one Christian and injuring five others. onstrators, mostly Salafists, protested in the SIONAL RECORD that if I had the opportunity to The shooter, a Muslim, was charged with mur- southern province of Qena against the ap- vote on H.R. 1540, I would have voted ‘‘aye.’’ der and will be tried in a state security court. pointment of a new governor, Emad Mikhail, f The Ministry of Interior denied the shooting who is a Christian (the previous governor, was sectarian. Magdy Ayoub, was also Christian). Protesters COPTIC CHRISTIANS UNDER When the revolution came, thousands of blocked main roads, stopped buses to sepa- ATTACK Christians fueled the protests, yearning for a rate men and women passengers, and dis- new government that would respect the reli- rupted the main rail route in Upper Egypt for HON. TED POE gious beliefs of its own people. But just a few eight days. There were threats to bar Mikhail OF TEXAS weeks after the revolution, it became clear from the province and even to kill him. Ten- IN THE HOUSE OF REPRESENTATIVES that Christians were actually in more danger. sions ran so high that local Christians stayed During the revolution, a bunch of bad guys Thursday, December 15, 2011 inside and couldn’t celebrate Palm Sunday. escaped prison. To protect themselves, monks The armed forces refused to intervene, and, Mr. POE of Texas. Mr. Speaker, Christians at the Anba Bishoy monastery north of Cairo although Egypt’s cabinet initially rejected calls in Egypt are under attack. The revolution may built a security wall. Well, the Egyptian military for the governor’s resignation, on April 25, have overthrown a longtime dictator, but it has didn’t like that very much, so in late February Prime Minister Essam Sheraf surrendered and not freed Christians there from decades of they tore down the wall with machine guns said he would ‘‘freeze’’ the appointment for persecution. In fact, it may have made matters and bulldozers. You can see video online of three months. worse. monks running for cover as the military is On April 28, the U.S. Commission on Inter- Christians in Egypt are a deeply rooted mi- opening fire with heavy machinery. A monk national Religious Freedom for the first time nority of about 10 million in a largely Muslim and six church workers were injured in the recommended to Secretary of State Hillary society of 81 million. Prior to the revolution, process. Clinton that Egypt be labeled a ‘‘Country of they had a hard time. Discrimination was not In February the governor of el-Minya, de- Particular Concern (CPC).’’ This designation an official policy of the Mubarak regime—he molished 10 Coptic homes because the own- refers, as commission chair Leonard Leo didn’t want to lose his aid dollars the U.S. was ers of those homes refused to contribute one- noted, to ‘‘the world’s worst religious freedom giving him—but he sure made it hard on fifth of their property to build a mosque. violators and human rights abusers.’’ Christians. When Christians wanted to build a In early March in Cairo, 13 people were The abuse continues, with the worst vio- new church or renovate their own, they had to killed and nearly 150 wounded in clashes that lence against Christians in decades. get a permit. That’s fine, except for the fact erupted during large-scale demonstrations by On October 9 thousands of peaceful dem- that the Mubarak government intentionally de- Christians protesting the destruction of a onstrators marched in downtown Cairo to pro- layed the permitting process. Churches would church in the provincial town of Sol. The dem- test the attack of a Coptic Christian church have to wait years for permits—some church- onstrators called for the rebuilding of the and called for an end to the systematic dis- es are still waiting. Mubarak pretended to fix church, punishment of perpetrators, and better crimination against Copts by the Egyptian au- this problem when he handed permitting con- treatment by Egyptian authorities. Some of the thorities. At some point in the protest, violent trol over to the 28 regional governors, but wait demonstrations reportedly blocked major high- clashes erupted between the protesters and times for a permit didn’t get any better. ways. According to some accounts, the Egyp- the Egyptian military forces. Video shows They were also discriminated against when tian military stood by for as long as four hours Egyptian military tanks speeding through it came to appointments to high-level govern- without intervening in the clashes. crowds and running over protesters. At one ment and military posts. There were only a On March 20, in Qena, Salafists, including point, the Egyptian State Television aired a handful of Christians in the upper ranks of the an off-duty policeman, accused a Copt named message calling on ‘‘honorable citizens’’ to

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E2273 take to the streets to protect the Egyptian to speak to R.’s father. Amir told R.’s father went to work, he locked her in the house, army from ‘‘the Coptic protesters.’’ The call that he wanted nothing from the family except alone, without a phone. She was never al- was answered by Islamists who came in to for their daughter’s hand in marriage. He had lowed to leave by herself. On the day of her join the violence against the Christians. In seen her in the street and instantly felt that escape, she told her in-laws that she was what is now known as the ‘‘Maspero Mas- she would be a perfect wife for him. going to pray in the mosque but instead she sacre,’’ over 25 people were killed and 300 in- R.’s father did not want them to date until called her mother and said she wanted to jured. This marked the first time that the mili- he met the boy’s parents. Amir kept giving ex- come home. She took a taxi to her parents’ tary—not the state police or radical Islamist cuses: his mother was sick and his father was house. She is unable to have children as a re- groups—used violence against Christians. out of town. Finally, he told them that his fa- sult of the rape. Since the revolution, 5 churches have been ther died. R.’s parents wanted to go as a fam- The practice is horrible and nothing is done attacked. The most disturbing part of these at- ily to pay respects but Amir said that this about it. One parish father testifies that he has tacks is that they all happened in broad day- would not be necessary since his home was had over 50 cases of forced conversions of light, with the military standing by and watch- far away. Coptic women in one year alone in his con- ing. Those perpetrators who are clearly identi- Later that week, Amir’s sister contacted gregation. Another bishop says he has 45 fied by video footage of the attacks have still them and came to meet R. R. was engaged women who were abducted and are now living not been arrested. and ready to be married. She said she was in his safe house. Former state security officials who tortured not deeply in love, but that Amir seemed like The Egypiian government has so far failed Christians have not been brought to justice ei- a decent person. Amir’s sister Christina asked to protect Coptic Orthodox Christians. All ther. One woman has burn marks on her arms R to go shopping with them. R.’s mother ini- we’re talking about here is allowing people to and on her inner thighs from state security of- tially opposed the idea but finally relented practice what they believe. The government ficials that wanted to know who the priest was when the girls told her they would not go far. should not be inciting violence against them or who baptized her and what church she was Christina offered to find a taxi and returned running them over with tanks. It should be baptized in. She wouldn’t give his name, so saying she had found one quickly. In retro- going after those that burn their places of wor- the torture went on for three days. She knows spect, R. says that this was odd since they ship or kidnap, rape, and torture them. Chris- the names of her abusers because they made lived in a neighborhood in which it was usually tians need to feel like the government has sure they introduced themselves before they difficult to find taxis. their back, not that it is out to get them. There started the torture. But have they been tried? Christina gave directions to the taxi driver to cannot be unity and reconciliation until people No. a close- by shopping area. It was a warm day feel like there is some sort of equality in soci- Another man was tortured by state security and Christina offered R. some juice. R. de- ety. There has to be consequences for perse- because he converted from Islam to Christi- clined but Christina insisted and drank it, re- cution. This Administration needs to make the anity. He described how they removed his membering that the bottle was already protecting of religious minorities a major point clothing, tied him down and put a metal chair opened. By the time she finished her juice, whenever it talks to its counterparts in the between his legs and tied wires around his she felt quite dizzy. The taxi took a detour Egyptian government. They need to be clear genitals and to his toes and then turned on onto a dirt road and stopped in an isolated that there will be consequences for them too the electricity. He knows the exact location of area. The driver said that there was something if nothing changes. Our aid is not endless and where he was tortured and the name of the wrong with the car and he needed to check. it is not free. We should not support tyrants person who tortured him, but of course he has Christina got out as well. and dictators who oppress their own people. not been brought to justice. A van pulled up full of people and some Egypt must uphold fundamental human rights, There is one more disturbing story to tell came over to get her. Amir was one of them. including protecting Christians. and that has to do with the kidnapping, rape, R. could not talk, even though she wanted And that’s just the way it is. and forced marriage of Christian women to to ask many questions. They began to beat f Muslim men. In testimony before the Helsinki her and she fainted. RECOGNIZING THE OUTSTANDING Commission, it was described like this. When she woke up, she was in bed sur- PUBLIC SERVICE CONTRIBU- Christian girls are lured to an isolated place, rounded by many different strange men. TIONS OF CRAIG J. ROLISH AND drugged and kidnapped. Often, they are ‘‘Amir’’ told her that he was in reality Wali, THOMAS W. HABERKORN raped. They are then forced to marry their rap- whom she had dismissed so abruptly in the ist and forbidden from returning to their fami- past and he reminded her of his threat. He HON. MARK S. CRITZ lies. Here is one story from Christian Solidarity then announced that she was going to be OF PENNSYLVANIA International and the Coptic Foundation for married to a Muslim man. IN THE HOUSE OF REPRESENTATIVES Human Rights’ report. She wanted to get out of the room but a R. was abducted October 11, 2005. She woman blocked the door. She was locked in Thursday, December 15, 2011 had lived in the same neighborhood all of her the room without her purse or her phone. This Mr. CRITZ. Mr. Speaker, I rise to recognize life and knew all the neighbors. She was es- was the period of Ramadan, when under Is- two individuals, Craig J. Rolish and Thomas pecially good friends with the daughter of a lamic Law it is not possible to marry. Amir in- W. Haberkorn, who have devoted themselves neighboring Muslim family, Sarah. They prac- sisted on a conversion immediately. She was to ensuring prosperous futures for the military tically grew up together and were like sisters, taken to the religious authorities where five veterans of southwestern Pennsylvania. Back inseparable. Sarah had an admirer named other girls were waiting. All of them were in 1993, Mr. Rolish and Mr. Haberkorn helped Wali, a classmate, who called her all the time. Christians preparing to marry Muslims. to establish Veterans’ Community Initiatives Wali began to call for Sarah on R.’s phone. The papers were signed and the conversion (VCI), an organization dedicated to finding em- His calls became so frequent that finally R. was complete. R. was given the Muslim name ployment for the men and women who have told Wali to stop calling her. He became very of Fatimah. She refused to say the proclama- returned home from serving our nation in uni- angry. ‘‘You will regret telling me not to call tion of faith and was beaten. form. Since then, VCI has served nearly 5,500 you,’’ he said in a threatening voice. She She was married to another man she had clients and made approximately 4,000 job stopped seeing Sara after that. This happened never met, Mahmoud. When she refused to placements. The willingness of these men to in 2004. have sex with him, the family held her down devote the last 18 years of their lives to serv- After a year and a half, she received a call while he raped her. She began bleeding pro- ing the needs of veterans is a testament to from Wali’s telephone number. The voice was fusely. their appreciation for causes greater than different and polite. A young man introduced She stayed with him for 9 months and was themselves. himself as Amir, and said that he was an ad- beaten every day,The Coptic cross which was Mr. Rolish is currently the Vice President/ mirer of hers. He also knew everything about tattooed on her wrist was burned off with acid Treasurer of VCI. Having served in the Air her. He wanted to meet her in a church. When and she still has scars. R. was forced to cover Force in Vietnam, Mr. Rolish was forced to R. said that she did not usually meet people herself completely when she left her home personally confront the challenges a returning she did not know, he replied that he knew she and was called Fatima by the family members. soldier must face in trying to reintegrate into was on her way to church and that he would Her veil was black. society. While he could have easily devoted wait for her outside. There, he introduced him- R. pretended to observe the Muslim rituals the years following his service to ensuring his self and asked R.’s mother for her hand in and prayers, but it was just a pretense for her. own wellbeing, he instead chose to continue marriage. The mother replied that it was not As a result of the rape and constant beatings, to work to improve the communities of south- so simple. Amir went to their flat the next day she became physically ill. When her husband western Pennsylvania. Upon returning to

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with E2274 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2011 Johnstown, Mr. Rolish put his financial exper- thorization Act because passage of this bill is launched the ExtendUI tweet-a-thon in hopes tise to good use, collaborating with Fannie important to the servicemen and women of our to make a powerful case to ExtendUI without Mae to help a number of individuals and small country and their families. The bill provides an cuts or preconditions that hurt the 99 percent. businesses rebuild after the devastating average 1.6 percent pay increase for our I also collected stories on my Facebook page Johnstown flood of 1977. He also served as troops and ensures that TRICARE premiums and via Twitter. Here are some of the stories the CEO of the non-profit NORCAM, helping for military retirees will not be higher than the from my constituents in their own words. Re- that organization to become one of the pre- rate of increase in the cost-of-living. publicans, are you listening? Can’t you hear eminent drivers of economic development in In addition, the bill authorizes $225 million in the pain and cries of the American people? the region. construction projects for Hawaii, including Don Wright: ‘‘I need a job for a lot of rea- For Mr. Rolish, public service is a passion projects in Fort Shafter, Schofield Barracks, sons but the most important one is Dignity. He has served on a number of volnnteer Joint Base Pearl Harbor-Hickam, Kaneohe When you don’t have a job you feel terrible. It boards-and commissions, including the High- Bay, and Kalaeloa on Oahu and Barking is hard to face other people especially your land Sewer & Water Authority and the Johns- Sands on Kauai. These projects will provide family. You don’t feel like a man anymore. town Area Regional Industry, and has been an jobs and strengthen the economy. You can’t get any respect from your wife and effective fundraiser for causes close to my I do have reservations about the detainee if she leaves you nobody wants to go out with own heart. He is personally responsible for ac- provisions included in the bill. Although the a man without a job. So you are staying single cumulating over $100,000 for St. Jude’s Hos- provisions have been modified to provide pro- and broke and alone. You get depressed and pital and over $180,000 in private donations tections for U.S. citizens, this issue deserves feel hopeless and you are a good man if you for a memorial statue of my mentor in public further fight against envy—envy of others who have service, the late Congressman John P. Mur- The bill does reject the broad House lan- jobs and the things that a job brings. Your tha. In recognition of his beneficence and self- guage on the Authorization for Use of Military family loves you but are at the same time lessness, Mr. Rolish was honored with the Force (Section 1034), which many feared ashamed of you and your kids become wor- Chapel of Four Chaplains Legion of Honor could be used by the current or a future presi- ried at being asked what their Daddy does. award in 2002. This honor is given by the dent as an unlimited authorization to go to The list goes on all of it bad. A job any job Four Chaplains Memorial Foundation to out- war. would be better than no job. Keep the jobless standing individuals who embody the spirit of The final bill does not include provisions in your mind and hearts.’’ giving. from the House-passed bill that would have Paula Christianson: ‘‘I lost my job over a Thomas Haberkorn, VCI’s Vice President/ discriminated against gay and lesbian service year ago due to a accident that left me dis- Secretary, has also devoted his life to serving members. It also provides new protections for abled longer than the Family Medical Leave the people, businesses and non-profits of victims of sexual assault in the military. These Act allowed. I had worked there for almost 7 southwestern Pennsylvania. Like Mr. Rolish, are positive changes that improve the bill. years and was voted employee of the month Mr. Haberkorn served his country in the Air In addition, the bill reauthorizes for six years but none of that mattered when they sent me Force in Vietnam and continued to serve the the Small Business Innovation Research, a termination letter to my home. This has all public welfare upon returning home. He has SBIR, and Small Business Technology Trans- contributed to my depression issues and Gen- served as an East Hills Kiwanis Board mem- fer, STIR, programs, which I strongly support. eralized Anxiety disorder. All I do is worry how ber, as well as a member of Johnstown Pro- The SBIR program provides grants as a way I am going to survive! It consumes me. Please fessional Networking. He has also been active to increase participation by small companies in don’t take away this help it is my and many with a number of charities, including the Spe- federally financed research and development others only hope left! I am not looking for a cial Olympics and the Salvation Army. activities. The related STTR program encour- handout just a helping hand to continue to Mr. Haberkorn’s true legacy is his commit- ages commercial development by small com- support my family until I can find employment! ment to veterans. He began providing support panies of university and federal laboratory re- Again, please help!’’ to those who have served us in combat long search projects. Patricia Dentley: ‘‘I took an early termination before helping to establish VCI. Mr. Haberkorn I introduced bills earlier this year to package in hopes of continuing working until has been very active with Vietnam Veterans of strengthen these programs by doubling the retirement age, but almost 6 years later, I’m America (VVA) for many years. He is the amounts of the Phase I (initial investigation still unemployed, and because of how my founder and current president of VVA Chapter phase) and Phase II (research and develop- package was setup, I couldn’t claim unemploy- 364, as well as the District Director of the VVA ment) grants, which have been static since ment during the initial period after working. I Pennsylvania State Council. In addition to 1982. Under the reauthorization provided in was never in anyone’s statistics regarding un- working with VVA, Mr. Haberkorn has also this bill, the Phase I awards will rise from employed, with no benefits other than filing for done a great deal to support the local VFW, $100,000 to $150,000 and Phase II grants will early retirement or not having that. Most of the American Legion, and Conemaugh Valley Vet- increase from $750,000 to $1 million. The jobs with the company I was with is now in erans. Like Mr. Rolish, he has been honored SBIR program has been especially important other countries with whom the American com- with the Chapel of Four Chaplains Legion of in Hawaii and has helped to nurture the panies are paying less money, less benefits, Honor award in recognition of his outstanding growth of some of our most innovative compa- and reaping a lot from these countries. I do public service efforts over many years. nies, such as TREX Enterprises, Oceanit, want the other people in these countries to im- Mr. Speaker, in all of the time I have spent Archionetics, and Cellular Bioenginnering, Inc., prove their lives, but we also have to live in engaging with local community leaders, I have to name a few. ours. I don’t know if you remember when our rarely, if ever, encountered two men with f country paid farmers not to farm, now, not stronger character than Craig J. Rolish and only are many people in our country unable to Thomas W. Haberkorn. Their fortitude and un- EXTEND UNEMPLOYMENT purchase the higher cost foods today, but wavering commitment to public service—and INSURANCE other countries whom they could have helped in particular to serving the needs of combat are also starving, why, because of greed. I veterans—deserve our gratitude and apprecia- HON. CHARLES B. RANGEL hope this helps not only you Representative tion. I am proud to represent them in Con- OF NEW YORK RANGEL, but a lot of other people you are gress. IN THE HOUSE OF REPRESENTATIVES fighting for.’’ Jeanne Alvarado: ‘‘I was laid off from my f Thursday, December 15, 2011 position at Coca Cola Enterprises a year and CONFERENCE REPORT ON H.R. 1540, Mr. RANGEL. Mr. Speaker, I rise today be- a half ago. This happened two months before NATIONAL DEFENSE AUTHORIZA- cause people are suffering. Time’s running out I was to be vested in the company. To say the TION ACT FOR FISCAL YEAR 2012 for America’s long-term job hunters. If Con- least, I was devastated and depressed how- gress fails to act by December 31, nearly 2 ever, I picked myself up and immediately start- HON. MAZIE K. HIRONO million will be cut off in January alone. And ed seeking employment. I have applied to OF HAWAII without action in 2012, that number will rise to hundreds of positions within the five boroughs IN THE HOUSE OF REPRESENTATIVES at least 6 million. which include all the beverage companies, The Ways & Means Committee has been nursing homes etc. I have only had the oppor- Thursday, December 15, 2011 collecting stories on Facebook of people who tunity to interview for five positions. The pain- Ms. HIRONO. Mr Speaker, I voted for the have lost their jobs and Mr. LEVIN has been ful hard fact Congressman is that companies final version of the 2012 National Defense Au- reading them on the floor. Yesterday SEIU do not want to hire people of my age group.

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E2275 There is nothing out there for us at this age. the Bureau of Labor Statistics (BLS), only 0.3 forced rules often prove to be less costly and I am 52 years old and I have worked since I percent of Americans laid off in 2010 lost their more beneficial than originally expected. am thirteen. Most of my teen and adults years jobs due to ‘‘government regulations.’’ In 2011, Democrats and Republicans should be I worked two jobs while raising my children. At the BLS found even fewer layoffs attributable working together to improve the federal regu- this age I should be enjoying life with my fam- to regulations—0.18 percent. A McClatchy latory structure. Our shared focus in Congress ily and grandchildren however, I find myself News survey of small businesses in August should be on reforming regulations to increase scared, depressed and full of anxiety at the 2011 did not identify a single business owner results and reduce costs. Partisan attempts to thought of perhaps finding myself homeless. I who complained about regulation in their in- weaken common sense rules and protections have only one check left and then I will have dustry. In fact, McClatchy reported that ‘‘most will not make our economy—or our country— no income. My savings is totally gone, as a seemed to welcome it and some pointed to stronger. matter of fact I do not even have a bank ac- the lack of regulation in mortgage lending as I urge my colleagues to reject H.R. 10 be- count anymore. My credit is destroyed and I a principal cause of the financial crisis that cause it undermines public safety and dis- am in a serious financial crisis. The little $288 brought about the Great Recession of 2007– tracts Congress from the urgent task of cre- dollars I receive from unemployment helps me 9 and its grim aftermath.’’ ating jobs. keep food on the table and pay the minimum Bruce Bartlett, a former advisor to Repub- f to my bills which are all behind. Thank God lican Presidents Ronald Reagan and George my son won a scholarship for college or else H.W. Bush, said congressional Republicans’ HONORING VICTOR GRIFOLS he might not have been able to further his anti-regulatory fervor has nothing to do with ROURA—SPAIN-U.S. CHAMBER OF education. I have to say I resent the Repub- jobs. Bartlett recently wrote: ‘‘Regulatory un- COMMERCE 2011 BUSINESS LEAD- licans for assuming that we the unemployed certainty is a canard invented by Republicans ER OF THE YEAR are lazy and do not look for work. Yes this that allows them to use current economic might be the case for some however, there is problems to pursue an agenda supported by HON. JUDY CHU good and bad in everything in life just as there the business community year in and year out. OF CALIFORNIA are good Politicians and bad ones. That does In other words, it is a simple case of political IN THE HOUSE OF REPRESENTATIVES not mean we must form a general opinion opportunism, not a serious effort to deal with Thursday, December 15, 2011 based on only a few. I am not a lazy person. high unemployment.’’ As a matter of fact, I am willing to clean toilets Economists from across the political spec- Ms. CHU. Mr. Speaker, I rise today to con- if it means keeping a roof over my head and trum agree the real impediment to hiring is gratulate Mr. Victor Grifols Roura on being food on my table. Most Republicans are rich weak demand in the economy. Increasing de- honored as the 2011 Business Leader of the and will go home to a happy holiday, for many mand is the focus of President Obama’s pro- Year by the Spain-U.S. Chamber of Com- of us there will be no holiday. I cannot even posed American Jobs Act, which independent merce. Mr. Grifols Roura is President and afford to buy a tree this year. Please let the economists say would create over 1 million CEO of Grifols, a global healthcare company Republicans in the House know that many jobs. Despite the jobs crisis facing over 14 mil- with U.S. headquarters in my congressional people, does not matter Democrat or Repub- lion Americans, House Republican leaders district in Los Angeles. lican, are watching and are growing a real dis- refuse to bring the American Jobs Act to the Founded in Barcelona, Spain in 1940, taste for the cruel treatment we are getting. floor for a vote. Grifols is a leading producer of plasma protein Thank you Congressman for you time.’’ H.R. 10 and other anti-regulatory bills will therapies essential for the treatment of a vari- ety of rare, chronic and often life-threatening f not only fail to create jobs, they expose Amer- ican families and small businesses to new and diseases including: hemophilia, von-Willibrand STATEMENT REGARDING H.R. 10, unnecessary risks. President Obama has disease, primary immune deficiencies, and REINS ACT, DECEMBER 7, 2011 threatened to veto the bill, arguing it would alpha-1 antitrypsin deficiency. All of Grifols ‘‘delay and in many cases thwart’’ implementa- medicines are derived from human plasma HON. BETTY McCOLLUM tion of important rules and increase unneces- collected at one of the company’s 147 plasma OF MINNESOTA sary confusion and uncertainty in the econ- donation centers across the country. IN THE HOUSE OF REPRESENTATIVES omy. The Coalition for Sensible Safeguards For three generations, the Grifols family has warns that H.R. 10 ‘‘would make it virtually im- been dedicated to improving the lives of pa- Thursday, December 15, 2011 possible for federal agencies to ensure that tients around the world. One of the company’s Ms. MCCOLLUM. Mr. Speaker, I rise to American families are protected from tainted founders, Dr. Jose Antonio Grifols Roig, devel- strongly oppose the REINS Act (H.R. 10). This food, unsafe drugs, predatory financial oped the plasma donation technique known as reckless legislation would put American fami- schemes, dirty air and water, and dangerous plasmapheresis with Dr. Edward Cohn in lies at risk while doing nothing to create jobs. workplaces.’’ 1950. Still the method of choice today, plas- If enacted, H.R. 10 would delay and pos- Abandoning Americans to an unregulated mapheresis is an automated process that en- sibly block agency rulemaking in critical areas marketplace is not a solution for economic ables individuals to donate plasma while re- of public health and safety. This legislation growth—it is a sure threat to public safety. In taining their red blood cells, white blood cells would require that any ‘‘major’’ new rule be recent years, many Americans have died as a and platelets. This groundbreaking invention approved by Congress and the President with- result of E.coli and salmonella outbreaks in gave rise to the modern plasma therapeutics in 70 legislative days. If Congress fails to act our food supply. A failure to enforce federal industry. by the deadline, the proposed rule could not workplace safety standards resulted in the Mr. Speaker, Grifols employs 700 people in be reviewed again until the next Congress. My tragic deaths of 29 miners in West Virginia. its corporate, manufacturing, warehousing, Republican colleagues do not deny this cum- Under-regulation allowed irresponsible bank- and testing facilities in California’s 32nd Dis- bersome process would prevent many new ers and mortgage lenders to destroy the edu- trict. The company has invested $135 million rules from taking effect. They argue preventing cation and retirement savings of millions of in these facilities since 2003 and is moving new rules is necessary to stimulate hiring and Americans. America is, in fact, facing a regu- forward with plans to add 70 new manufac- strengthen the economy. latory crisis. Not the crisis of ‘‘over-regulation’’ turing jobs. The House Republican majority has used my Republican colleagues claim, but a series As part of its commitment to Los Angeles, similar justifications to undermine existing reg- of crises resulting from a failure to enforce and Grifols supports local organizations that pro- ulations that create a level-playing field for enact common-sense rules. mote education, job training and skills devel- business and protect the health and safety of Sensible regulation is necessary for an effi- opment for area residents. Through an indus- American families. Earlier this month, Repub- cient, fair and innovative private market. But try partnership with Los Angeles Trade Tech- licans passed the Regulatory Flexibility Im- we should not be surprised that industry will nical College, Grifols devises curricula and provements Act (H.R. 527) and Regulatory Ac- not always support—and rarely ask—to be hosts seminars in microbiology, manufac- countability Act (H.R. 3010). These bills add regulated. History shows that industry groups turing, interviewing techniques and resume new layers of bureaucracy intended to hamper initially opposed new requirements for seat preparation. Graduating students are given the enforcement of important environmental, labor, belts and air bags, limitations on mercury pol- opportunity to tour the Grifols manufacturing financial and food safety laws. lution and even restrictions against child labor. facility and learn about the production of plas- Evidence does not support Republican In the short-term, narrow private interests ma therapies. claims that federal regulation is to blame for often conflict with the broader public interest. Grifols also partners with the Wilshire-Metro persistently-high unemployment. According to Over time, well-designed and consistently-en- WorkSource Center, which provides workforce

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with E2276 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2011 development resources to job seekers and Congratulations to all the members of the TRIBUTE ON THE PASSING OF local businesses. Grifols hires interns from the 2011–12 team: Coach Andrew Trenkle, Paul OFIELD DUKES Center who have completed their certificate Ansani, Jeremy Apolinski, Austin Bryniarski, program in technology. In addition, the com- Ethan Campbell, Colton Cannon, Claire HON. HANSEN CLARKE pany interviews all graduates of the program Floriano, Merrill Hester, Luke Kapolnek, OF MICHIGAN to provide them with valuable, real-world expe- Lauren Krone, Renee Kumon, Jimmy Loomos, IN THE HOUSE OF REPRESENTATIVES rience. Thomas Lis, Meredith Machon, Caroline Mur- Grifols presence in the U.S. was greatly en- phy, Kyle Richardson, Michelle Roberts, Allie Thursday, December 15, 2011 hanced this year by the acquisition of Talecris Sakowicz, Daniel San Gabino, Matt Sherbahn, Mr. CLARKE. Mr. Speaker, I honor the life Biotherapeutics. This transaction, valued at al- Katie Solberg, Sarah Tarabey, Caroline Unger, and legacy of Ofield Dukes, a public relations most $5 billion, is the largest acquisition ever Maddy Vogg, Patrick Wohl, Alex Zaug and pioneer, long-time friend of the Congressional completed by a Spanish company in the U.S. Lindsey Zawila. Black Caucus (CBC), and fellow Detroiter. Mr. Grifols is now the world’s largest collector of The United States of America was founded Dukes was firmly committed to fighting for jus- human plasma, the third largest manufacturer on the principles of civic involvement and re- tice and equality for all people. of plasma protein therapies globally, and the sponsibility. The students of Maine South High Mr. Dukes, an Army veteran, graduated leading plasma manufacturer in Europe. School have proven that they embody those from Detroit’s Wayne State University with a Mr. Speaker, the Spain-U.S. Chamber of principles and that they will grow to be pas- degree in journalism. After graduation, he Commerce is the leading forum for the pro- sionate and capable future leaders. On behalf worked at The Michigan Chronicle, a weekly motion of commercial, economic and industrial of the 9th Congressional District, I congratu- African American-run newspaper based in De- relations between Spain and the United late you on this outstanding achievement and troit, until he moved to Washington D.C. in States. Founded in 1959 and based in New wish you the best of luck at the National Com- 1964 to work for the federal government. York City, the Chamber is a non-profit organi- petition in April 2012. Mr. Dukes served as the deputy director of zation dedicated to fostering economic out- public affairs at Lyndon B. Johnson’s Office of reach between the two countries. f Equal Employment Opportunity. From 1966 to The Chamber honored Mr. Grifols at its an- 1968, Mr. Dukes was a communications advi- HONORING CHICAGO POLICE nual gala dinner in Manhattan on December sor to Vice President Hubert H. Humphrey. OFFICER NIAL FUNCHION 6th. The U.S Ambassador to Spain, the Span- Mr. Dukes founded his public relations firm, ish Ambassador to the U.S., and the Spanish Ofield Dukes & Associates, in 1969. The firm Minister of Culture joined over 250 guests in HON. DANIEL LIPINSKI focuses on political and minority affairs with a recognizing Mr. Grifols Roura’s commitment to OF ILLINOIS focus on African-American and African issues. fostering expanded economic and social ties IN THE HOUSE OF REPRESENTATIVES Mr. Dukes’ first client was Detroit’s Motown between the U.S. and Spain. Records. Today, Ofield Dukes & Associates Mr. Speaker, I ask my colleagues to join me Thursday, December 15, 2011 represents the Democratic National Com- in congratulating Victor Grifols Roura for his Mr. LIPINSKI. Mr. Speaker, I rise today to mittee, Howard University, The Martin Luther outstanding leadership of Grifols and for his honor Officer Nial Funchion of the Chicago King, Jr. Center for Nonviolent Social Change, well deserved honor as 2011 Business Leader Police Department for his swim across the and the Congressional Black Caucus, among of the Year by the Spain-U.S. Chamber of Strait of Gibraltar on October 6, 2011, and for other notable clients. Commerce. his support of the Brotherhood for the Fallen, Mr. Dukes’ relationship with the Congres- f a not-for-profit organization dedicated to sup- sional Black Caucus dates back to its founding TRIBUTE TO COACH ANDREW porting the families of fallen police officers. in 1971 when he helped organize the first TRENKLE AND THE MAINE Officer Nial Funchion is an 18-year veteran Congressional Black Caucus dinner. Mr. SOUTH HIGH SCHOOL CONSTITU- of the Chicago police force and a trusted pub- Dukes also served as an advisor to several TION TEAM lic servant. He first became involved in the CBC chairpersons. He was a founding mem- Brotherhood of the Fallen following a funeral ber of the CBC Foundation, served on the HON. JANICE D. SCHAKOWSKY for a colleague killed in the line of duty. At that Foundation Board for 14 years, and worked to funeral, he noticed a group of uniformed police improve the socioeconomic circumstance of OF ILLINOIS officers offering condolences to the family of African-Americans around the nation. IN THE HOUSE OF REPRESENTATIVES the slain police officer. He was deeply moved Mr. Dukes also spent his time reaching out Thursday, December 15, 2011 by this kind gesture and contacted the Broth- to younger generations. He taught at the How- Ms. SCHAKOWSKY. Mr. Speaker, I rise erhood for the Fallen to see how he could ard University John H. Johnson School of today to recognize Coach Andrew Trenkle and help. Communications for 25 years and American the Maine South High School Constitution Already a tremendous swimmer, Officer University’s School of Communications for 8 Team for their achievement in winning the Illi- Funchion has since dedicated his swimming years, inspiring hundreds of African-American nois State Title of the ‘‘We the People: the Cit- endeavors to the Brotherhood for the Fallen to students to pursue careers in public relations izen and the Constitution’’ competition. This raise public awareness for the organization. and politics. extraordinary accomplishment marks the twen- His most recent swim dedicated to the Broth- Mr. Dukes’ work ethic, dedication, and resil- tieth time in twenty one years that Maine erhood was perhaps his most impressive. He ience embody the spirit of Detroit. In October South’s team has won this title. crossed the 12 miles separating Spain and 2011, Mr. Dukes returned to his hometown of ‘‘We the People: the Citizen and the Con- Morocco, known as the Strait of Gibraltar, in Detroit, Michigan because of his love for the stitution,’’ a program sponsored by the Center three hours and fifty minutes. Not only did Of- city, family, and friends. After a struggle with for Civic Education, educates students on im- ficer Funchion brave rough waters to complete bone cancer, Mr. Dukes passed away on De- portant issues including the purpose of gov- his swim, but he did so while being followed cember 7, 2011. I am honored to call Mr. ernment, the function of the Constitution, and by a family of orca whales. Dukes a friend and colleague. He will be the importance of citizen participation. Partici- Officer Funchion plans to add to his swim- greatly missed. pants are encouraged to identify and commu- ming accomplishments by completing endur- f nicate their own opinions, thereby developing ance swimming’s Triple Crown. Over the next strong skills in discussion, debate, and com- two years he intends to complete the 28.5 URGING TURKEY TO SAFEGUARD promise. In the ‘‘We the People’’ competition. mile loop around Manhattan Island and the 21 ITS CHRISTIAN HERITAGE teams of students participate in simulated mile swim across the Catalina Channel in SPEECH OF Congressional hearings, presenting state- southern California. He previously crossed the ments and answering challenging questions English Channel in 1992 with the fastest time HON. RUSS CARNAHAN about the United States Constitution. This by an American that year. I applaud Officer OF MISSOURI year’s victory of the 2011–2012 Maine South Funchion for protecting our community, per- IN THE HOUSE OF REPRESENTATIVES Constitution Team demonstrates their deep forming amazing feats to help others, and sup- understanding of Constitutional principles as porting the Brotherhood for the Fallen, and I Tuesday, December 13, 2011 well as their aptitude for critical thinking and wish him safety and calm waters in his coming Mr. CARNAHAN. Mr. Speaker, I rise to teamwork. endeavors. speak on H. Res. 306, regarding religious

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E2277 freedom in Turkey, a longtime friend and ally Council recognized Chief Borchardt with a res- TO HONOR PFC BRENDAN of the United States. olution proclaiming December 2011 as Aubrey MARROCCO, UNITED STATES The value we in America place on freedom ‘‘Mack’’ Borchardt Month in Frisco. His service ARMY, WITH A POEM: ‘‘STATEN of religion goes to the very heart of American to his community, society, and peers through- ISLAND STEEL’’ democracy, and we have a strong interest in out the past 30 years is indeed an inspiration. promoting religious freedom globally. As with I am honored to represent the city of Frisco HON. MICHAEL G. GRIMM other indicators of democracy and human and many of its residents in the United States rights, nations that respect religious tolerance Congress. I, along with his family, friends, and OF NEW YORK generally enjoy greater economic prosperity the citizens of the 26th District celebrate his and social stability. While I support this resolu- IN THE HOUSE OF REPRESENTATIVES tireless commitment to his community. Please tion and encourage further progress on reli- join me in recognizing and thanking this ex- Thursday, December 15, 2011 gious freedom in Turkey, I also believe we ceptional community leader for his selfless must seek to support these standards in an Mr. GRIMM. commitment to our society. even-handed manner. STATEN ISLAND STEEL I would like to emphasize the importance of f All in the shadow of liberty... U.S.-Turkish relations. From Turkey’s critical All in this most Gotham of all cities... support in Afghanistan and elsewhere, as a CONGRATULATING VALENCIA COM- There grew up to be, one of our nation’s fin- uniquely positioned NATO ally and their sub- MUNITY COLLEGE, RECIPIENT OF est sons so indeed... stantial humanitarian contributions in response As strong, as strong...as strong as can be! THE 2011 ASPEN PRIZE FOR COM- to famine in the Horn of Africa to Turkey’s ef- Army Strong that’s who he! MUNITY COLLEGE EXCELLENCE forts in support of the Syrian people as the Whose heart and soul, makes our Lord so Assad regime’s brutality intensifies, Turkey complete... Whose courage so makes even the Angels up continues to be a strong partner in addressing HON. DANIEL WEBSTER on high so weep! some of the world’s most vexing problems. As Because... revolutionary calls for democratic governance OF FLORIDA Some Steel, sound throughout the Middle East and North IN THE HOUSE OF REPRESENTATIVES cannot so be crushed! Africa, we must continue to work closely with Some Steel, Turkey, whose position as a democratic, ma- Thursday, December 15, 2011 will not so rust! jority Muslim country can play a positive role Some Steel, in transitions in the region. Mr. WEBSTER. Mr. Speaker, I am pleased cannot so be bent! Some Steel... Moreover, I would like to acknowledge the to congratulate Valencia Community College on earning the inaugural Aspen Prize for Com- cannot so be broken! positive steps that the Turkish government has As if this Steel was Heaven sent! taken to address issues of religious freedom munity College Excellence. The Aspen Prize All in how, and tolerance. This August, the Turkish gov- for Community College Excellence recognizes his heart of Steel has so spoken... ernment issued a decree inviting non-Muslims extraordinary accomplishments in community So very deep down inside, to reclaim churches and synagogues that were colleges, applauding those that serve as mod- all in what Rocco is invoking... confiscated 75 years ago and has eased els for elevating community college education. That which so brings such tears to eyes... some citizenship requirements on Orthodox Which against all odds somehow kept hope Valencia Community College was selected alive! clergy. Unfortunately, H. Res. 306 omits rec- by the Aspen Institute after a competitive, To So Teach Us...To So Reach Us...To ognition of these important commitments. year-long process during which 120 of the na- So Beseech Us! While issues remain, particularly with regard to tion’s top community colleges were judged Because, The Greatest Steel In This the Ecumenical Patriarch, I am encouraged by based on student performance and graduation World... the efforts that have been made and hope for rates. Of Valencia Community College’s full Comes from Staten Island, my little boys further progress. and girls... time students, more than half graduate or Yea, The Stronger than anything known to As a member of the Congressional Caucus transfer within three years. This is well above on Turkey and Turkish Americans, I look for- man! the national average of 40%. Staten Island Steel... ward to the ongoing alliance between our Move over Superman, you’re just a comic countries. Founded in 1967 as Valencia Junior Col- lege, Valencia Community College’s goal was book...Rocco is real! f And Batman this is not your city anymore! to make its students successful, both in the Brendan Marrocco, ‘‘Rocco’’... Aka... IN RECOGNITION OF FRISCO FIRE classroom and in their personal and profes- Staten Island Steel! CHIEF MACK BORCHARDT sional lives. Today, Valencia Community Col- Because, Rocco you have the word hero lege is the third largest community college in stamped all across your chest! HON. MICHAEL C. BURGESS Florida, educating more than 50,000 students As you Rocco put the B...In Be The Best! All found in your heart of gold, and your OF TEXAS each year. life’s quest... IN THE HOUSE OF REPRESENTATIVES This is not the first time Valencia has been For Army Strong is your life’s song! Thursday, December 15, 2011 recognized for excellence in education. In- Brendan, You Rock...all night long... deed, Valencia has a long history of national And when we gaze upon his heart, we feel the Mr. BURGESS. Mr. Speaker, today I rise to distinction. Valencia was recognized in 2009, burn! recognize Fire Chief Mack Borchardt for his with the inaugural Leah Meyer Austin Institu- And now more Steel has so been forged! dedicated service to the Frisco Fire Depart- tional Student Success Leadership Award; in The Bear! PFC Bryan Dilberian a 10th Moun- ment and to the people of the 26th Congres- tain Man... 2007, by the New York Times as a leading sional District of Texas. A Brooklyn Man, a Real Beastie Boy who community college; in 2001, by TIME Maga- Chief Borchardt first became a volunteer stands! zine as one of the nation’s best schools at Frisco firefighter in 1973; at that time, Frisco A question asked, ‘‘in New York, what are helping first-year students to excel; and in you putting in that water man’’? had an all-volunteer fire department. In No- This Christmas and Hanukkah, remember all vember 1987, Chief Borchardt became Fris- 1998, the National Alliance of Business named Valencia the Community College of the Year. of those men and women... co’s first fulltime fire chief. Through his leader- Who upon them this our Nation do so ship, diligence, and organization, the Frisco On behalf of the citizens of the State of depend... Fire Department now has more than 140 Florida, I am pleased to congratulate Valencia Who with hearts of Steel, all for us so live fulltime department members. Community College’s President, Dr. Sanford and die... Under Chief Borchardt’s leadership, the Shugart, and Valencia Community College’s As across this nation families cry... Frisco Fire Department has expanded to be- Administration, Board of Trustees, and faculty Separated by death and distance, who this holiday season so miss this... come an outstanding example to departments for pursuing excellence in community college And men like Rocco, who with hearts of nationwide. They are one of the select few de- education, both nationally and as a critical part Steel... partments in the country that have an ISO 1 of Florida’s education system. May their hard Who to all of us so reveal! rating, which is a testament to their superior work and dedication inspire others to follow in That word Hero, Brendan Marrocco . . . standards and procedures. The Frisco Town their footsteps. Staten Island Steel!

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with E2278 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2011 REMEMBERING REVEREND As we wrap up this year’s legislative busi- much needed relief to job-seeking seniors in WILLIAM KELLER ness, individuals receiving unemployment in- this tough economic environment. surance benefits, physicians anxiously await- Time is running out. Republican HON. MIKE PENCE ing certainty that they will be adequately reim- brinksmanship on must-pass legislation con- OF INDIANA bursed for treatment they deliver to Medicare tinues to damage job creation and create un- IN THE HOUSE OF REPRESENTATIVES patients and millions of middle class families certainty for businesses and the markets. In facing a tax increase are depending on us to their Pledge to America, House Republicans Thursday, December 15, 2011 put politics aside and act responsibly. Unfortu- promised to focus on jobs and keep extra- Mr. PENCE. Mr. Speaker, I rise to remem- nately, the GOP Tax Extenders Package is neous and controversial provisions out of ber the life and ministry of Reverend William mere political theater that takes an irrespon- must-pass legislation. This bill is yet another Keller. sible approach to solving these issues. example of their broken promises to the Amer- Reverend Keller faithfully served as a pastor Mr. Speaker, President Obama called on ican people. for nearly 70 years in both Illinois and my Congress to extend the payroll tax deduction For all these reasons I cannot support H.R. home state of Indiana. While attending Olivet in order to save working Americans an aver- 3630, and I urge my colleagues to join me in Nazarene College in 1943, he founded the age of $1,500 over the next year. If Congress voting against this bill. East Side Church of the Nazarene in Kan- does not act by the end of the year, American f kakee, Illinois. He later continued his edu- families making an average of $50,000 per cation at both Ball State University and Liberty year will see their taxes raised $1,000. At a RECOGNIZING THE ADKINS BROTH- University. time when the average American is struggling ERS FOR ONE HUNDRED FOUR Reverend Keller was a dear friend of mine, to make ends meet, it is essential that we ex- YEARS OF MILITARY SERVICE and I mourn the loss of this great public serv- tend the payroll tax cut to ensure that middle ant. His record of achievement in his commu- class American families can spend the money HON. NICK J. RAHALL II nity and around the country is extensive and they’ve earned. Lowering the rate Americans OF WEST VIRGINIA includes serving as Executive Chairman for contribute to Social Security out of their pay- IN THE HOUSE OF REPRESENTATIVES World Wide Pictures, attending Billy Graham’s checks will help stimulate consumer spending, Thursday, December 15, 2011 School of Evangelism, and participating in the create jobs and revive our economy. Conference on Evangelism in Amsterdam While the Republican bill we are considering Mr. RAHALL. Mr. Speaker, in southern West among others. Reverend Keller was also a today extends the current payroll tax cut by Virginia, ‘‘family’’ has a very special and sa- member of the planning committee for the two percent and addresses the SGR ‘‘doc fix’’ cred meaning. Its definition goes far beyond Leighton Ford and the Lowell Lundstrom Cru- for two years, there are a number of ideolog- the traditional; more than a group of individ- sades in Muncie, and he organized several ical poison pills attached to this bill that simply uals related by blood or marriage. It is an ideal open air festivals. make this measure unacceptable. First, the bill that transcends all West Virginians; an institu- In 1953 he founded the William C. Keller cuts Medicare provider rates by over $21 bil- tion protected, trusted and revered by all. It is Construction Co. that built churches, office lion and significantly increases the number of the core thread woven into and throughout the buildings, service stations and residential Medicare beneficiaries required to pay higher fabric of the values we treasure most. housing, and Reverend Keller also developed premiums for services they need. Today, I rise to honor a family of West Vir- the Keller West Addition in Muncie. Second, the bill would cut over $21 billion ginians from the Logan County community of Beginning in 1969, Reverend Keller served from Affordable Care Act programs, which will Pine Creek, in the coalfields of southern West as President of the Delaware County Evan- increase the ranks of the uninsured by Virginia. They are nine brothers, nine of the gelistic Association. Among his many involve- 170,000 Americans. Although we are making eleven sons of the late Olive and Oscar ments, he was also a member of the Board of progress in ensuring that more Americans Adkins, who collectively served in our Nation’s Social Concern for the National Association of have access to quality and affordable health military for more than 100 years. This is truly Evangelicals; past Governor and Lt. Governor insurance plans, the Republicans are reck- a ‘‘band of brothers’’ for which our Nation of Division H, District 11 of Toastmasters lessly attempting to roll back provisions of the owes a debt of gratitude. International; past chairman of the steering Affordable Care Act that have proven success- Shakespeare outlined the honor and drew committee of National Issues Forum; and he ful at increasing access to healthcare. The distinction for the Band of Brothers in the fa- served several years as a volunteer Probation Prevention and Public Health Trust Fund, an mous St. Crispin’s Day speech, a motivational Officer and court appointed Special Advocate essential piece of the Affordable Care Act speech delivered to troops about to enter bat- for children. tasked with promoting healthy lifestyles and tle in Act IV of the play, Henry V: I offer my most sincere condolences to his prevention treatment to keep Americans Old men forget; yet all shall be forgot, but bride of 73 years, Irene; their six children: healthy, would suffer a deleterious $8 billion he’ll remember with advantages what feats he did that day. Then shall our names, famil- Martha Lovern, Harold Keller, Dave Keller, cut. Further, this bill would roll back the amount iar . . . as household words . . . be in their Paul Keller, Don Keller, and Bill Keller, Jr.; fif- flowing cups freshly rememb’red. teen grandchildren; twenty-two great grand- of time benefits are provided to recipients of This story shall the good man teach his children; two great-great grandchildren; and emergency unemployment compensation. The son . . . from this day to the ending of the his siblings Charles, James, and Reba. While current program allows beneficiaries to receive world, But we in it shall be remembered—we the loss of Reverend Keller’s selfless work in unemployment compensation for up to 99 few, we happy few, we band of brothers; For the community will be deeply felt, heaven is weeks; however, the Republican Tax Extend- he today that sheds his blood with me; shall richer with his passing. ers Package would lower that amount of time be my brother . . . f to 59 weeks. As we are all aware, the current Fate was kind to the nine Adkins brothers. job market is extraordinarily bleak. With the None were seriously injured, and all returned MIDDLE CLASS TAX RELIEF AND unemployment level in my district hovering home safely, although many who served with JOB CREATION ACT OF 2011 around twenty percent, shortening the length them were not so lucky. All the Adkins broth- of time benefits are provided would have a ers were honorably discharged, and all were SPEECH OF devastating impact on those who rely on un- proud to serve their country. The pride in this HON. LAURA RICHARDSON employment compensation as their main remarkable record of military service is shared OF CALIFORNIA source of income. by their parents, two other brothers, Hobart IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, cutting back emergency unem- and Robert, and four sisters, Madeline, Ruth, ployment compensation from 99 to 59 weeks Lyndell, and Iris. Tuesday, December 13, 2011 hurts the most vulnerable members of our so- The nine who served include Harvey, who Ms. RICHARDSON. Mr. Speaker, I rise ciety. That is why I submitted an amendment was in the U.S. Army during World War II from today in strong opposition to H.R. 3630, the to this legislation that would extend current un- 1943 to 1946; Jason, who was in the U.S. GOP Tax Extenders Package. This bill does employment benefits for 2012, if the imple- Army at the end of World War II in 1945 and nothing to create jobs, support the middle mentation of subtitle B of title II is found to 1946, then again from 1952 to 1955 during the class or stimulate our economy. Instead, the have a disproportionately adverse effect on Korean Conflict; Leon, who served in the Air Republicans have decided to play politics at workers aged 55 and older by the Secretary of Force from 1948 to 1952 in the Korean Con- the expense of ninety-nine percent of Amer- Labor. Had my amendment been made in flict; Billy, who served in both the Army and ican families. order and adopted, it would have provided Air Force from 1948 to 1954; Lowell, who

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E2279 served in the U.S. Air Force from 1954 to velopment projects undertaken to improve the amassed two State Championships, three 1974 in both Thailand and Vietnam; Franklin, food security and welfare of the Thai people. State runner-ups, 15 Regional Championships, who served in both U.S. Air Force and Army His concern about the sustainability of Thai- and seven Regional Tournament Champion- from 1956 to 1976; Vernon, who joined the land’s natural resources has spurred several ships. He was named Region Coach of the Army and served from 1958 to 1979; Linden, water resource and reforestation projects Year 14 times and the Sumter Item Area who served in the Army from 1965 to 1967; throughout the country. Coach of the year three times. In 1969, he and Clifton, who served in the Army from 1959 I would also like to celebrate the 178-year was selected as the Pee Dee North-South All- to 1981. diplomatic alliance and friendship between Star South head coach. He served as head Selfless service and sacrifice are the twin Thailand and the United States—one that re- coach in the South Carolina Athletic Coaches pillars supporting our Republic. Surely, these flects both common interests and shared val- Association North-South Girls All-Star Game in values, so important to the future vigor of our ues, namely: democracy, good governance, 1984 and 2000. He was also one of two South democratic principles, were instilled in the and the rule of law. Indeed, on March 20, Carolina coaches chosen to coach the South Adkins Brothers by devoted and dedicated 1833, the United States and Thailand (then Carolina All-Star Girls against the North Caro- parents. Such a record of service is not hap- known as Siam) signed the Treaty of Amity lina All-Star Girls at Winthrop University. penstance or coincidence; rather, it is a record and Commerce, making the Kingdom of Thai- Coach Thames was nominated in 1991–92 built with an abiding faith in the Almighty’s land the first treaty ally of the United States in as the Converse High School Coach of the continued blessings on this land of liberty. the Asia-Pacific region. His Majesty King Year and the National High School Athletic Mr. Speaker, in sum, the Adkins brothers Bhumibol’s state visit to the United States in Coaches Association Coach of the Year in share 104 years of U.S. military service, a 1960 further cemented the excellent relations women’s basketball. That same year, he was milestone record of service, that I hope the between our two nations. named Florence Morning News Class AAA U.S. Department of Defense will soon formally Lastly, I would like to express my deepest Girls Coach of the Year. He has been a South recognize. I ask my colleagues to join me in sympathies to the people of Thailand for the Carolina Coaches Association of Women acknowledging my fellow West Virginians as recent historic floods in Thailand, and reiterate Sports MVP Honoree, and a 2000 High true American patriots and to thank them for my support for both ongoing and additional School Sports Report State Coach of the Year their distinguished service to our great Nation. humanitarian efforts aimed at providing civilian in AAA Girls Basketball. He was a 2009 Inau- f and military assistance to save lives, restore gural Inductee into the South Carolina Basket- health, and facilitate Thailand’s economic re- ball Coaches Hall of Fame, and a 2011 Inau- PERSONAL EXPLANATION covery. The United States remains committed gural Inductee into the Clarendon County Ath- to supporting Thailand’s long-term recovery. letic Hall of Fame. HON. BOB FILNER The United States government has contributed Coach Thames has also had great success OF CALIFORNIA significant humanitarian assistance, United in other sports. He served as the Manning IN THE HOUSE OF REPRESENTATIVES States citizens and private sector have do- High School baseball coach for 14 years and nated to reconstruction efforts, and the United as an assistant football coach for 36 years. Thursday, December 15, 2011 States will continue working to help improve In 1993, his high school alma mater—and Mr. FILNER. Mr. Speaker, on rollcall 932, I Thailand’s capacity to prepare and respond to 50-year employer—named its gymnasium in was away from the Capitol due to prior com- such disasters in the future. his honor for ‘‘his lifetime of contributions to mitments to my constituents. Had I been Mr. Speaker, I am pleased to join our long- Manning High School.’’ Presbyterian College present, I would have voted ‘‘no.’’ standing friends, the people of Thailand, as also honored their esteemed graduate by rec- f they celebrate the 84th birthday anniversary of ognizing Coach Thames as the 2011 recipient His Majesty King Bhumibol Adulyadej and his of the Bob Waters Award. This honor was CELEBRATING THE 84TH BIRTH- esteemed 65-year reign of and dedication to given for his outstanding leadership and serv- DAY OF HIS MAJESTY KING Thailand. ice to society and the profession of athletic BHUMIBOL ADULYADEJ f coaching and for personifying those values and qualities of excellence and integrity held HON. MICHAEL M. HONDA TRIBUTE TO JOHN FRANKLIN dear by his college alma mater. OF CALIFORNIA THAMES Despite all the accolades he has accrued IN THE HOUSE OF REPRESENTATIVES over his career, Coach Thames will be re- membered most for his generosity and love of Thursday, December 15, 2011 HON. JAMES E. CLYBURN OF SOUTH CAROLINA his players and all students. Since 2004, Mr. HONDA. Mr. Speaker, December 5 IN THE HOUSE OF REPRESENTATIVES Coach Thames has conducted a free one- marked the 84th birthday of His Majesty King week basketball camp for girls. He is com- Bhumibol Adulyadej of Thailand. I would like Thursday, December 15, 2011 mitted to ensuring that the inability to pay is to take this opportunity to send warm wishes Mr. CLYBURN. Mr. Speaker, I stand today not an obstacle for any girl to participate in the to him and to the people of Thailand as they to pay tribute to a constituent who has dedi- sport. For years, Coach Thames has used his commemorate his 65-year reign as King of cated his professional career to coaching high personal funds to buy shoes for all of his play- Thailand. school basketball and—over the past half cen- ers. He has done so because he doesn’t want The world’s longest-serving monarch, His tury—has developed generations of successful to single out the ones who cannot afford new Majesty King Bhumibol ascended to the throne young women while breaking and setting win- shoes. He provides transportation and other on June 9, 1946. Throughout his reign, King ning records for women’s basketball in South clothing for many of his students who have Bhumibol has both witnessed and been instru- Carolina. I commend Coach John Franklin limited resources. Coach Thames is also dedi- mental in the transformation of Thailand into a Thames for his 50 years of coaching women’s cated to helping students get into higher edu- prosperous, modern state, with a strong agri- basketball in the Palmetto State. It is very fit- cation institutions so they can pursue their cultural sector and modernized manufacturing ting that a scholarship for gifted athletes will dreams. ‘‘Coach,’’ as he’s lovingly known to and services industries. His contribution to be established in his honor at his alma mater, everyone including non-athletes, is a mentor such progress and the devotion and compas- Manning High School. and father figure. sion he has for the Thai people has earned John Thames grew up in Alcolu, SC and In addition to his coaching accolades, King Bhumibol the love and respect of his graduated from Manning High School in 1953. Coach Thames has twice been named the people as well as worldwide recognition for his At that time, America was at war with Korea. Manning High School Teacher of the Year. He leadership. He spent six months as Executive Officer of received the 2008 Outstanding South Carolina As a leading advocate for sustainable, Training Company at Fort Jackson, and Teacher of U.S. History by the Daughters of human-centered development, King Bhumibol served 13 months in Korea as an Army Tank the American Revolution. He was inducted has worked hard to address the critical devel- Platoon Commander. Following his military into the Kappa Alpha Order Court of Honor in opment issues facing his country and his peo- service, he matriculated at Presbyterian Col- 2009. Coach Thames is a recipient of the Sil- ple, applying scientific knowledge and initiating lege in Clinton, South Carolina, graduated in ver Crescent, the highest civilian recognition development projects that take into account 1958, and returned home to serve his alma awarded by the State of South Carolina for the topography, traditions and culture of a re- mater for the next half century. outstanding dedication to a local community, gion. Focusing on agricultural development, Over his 44-year career as the Lady Mon- and has been inducted into the Clarendon King Bhumibol has overseen thousands of de- archs head coach, Coach Thames’ teams County Education Hall of Fame. Coach

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with E2280 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2011 Thames is currently a member of the South with me today in recognizing this important MIDDLE CLASS TAX RELIEF AND Carolina Athletic Coaches Association, the milestone and to wish the school continued JOB CREATION ACT OF 2011 South Carolina Women’s Basketball Coaches success in the future. SPEECH OF Association, the Coaches of Women’s Sports f and the National Basketball Coaches Associa- REMEMBERING BROOKE TUTTLE HON. CAROLYN B. MALONEY tion. OF NEW YORK He is a longtime member of First Baptist IN THE HOUSE OF REPRESENTATIVES Church in Manning, where he serves as a HON. MIKE PENCE Tuesday, December 13, 2011 Junior Department Sunday School Teacher. OF INDIANA Mr. Speaker, I ask you to join me in con- IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY. Mr. Speaker, the House gratulating Coach John Franklin Thames for Thursday, December 15, 2011 Republican Majority has done nothing to cre- his remarkable career at Manning High Mr. PENCE. Mr. Speaker, I rise with a ate jobs during the first session of the 112th School. He has set a tremendous example heavy heart to remember the exceptional leg- Congress and now they’re adding further in- both on and off the court. It is my honor to pay acy of service of Brooke Tuttle from my home- justice by hurting the millions of Americans tribute to such a distinguished Southern gen- town of Columbus, Indiana. who have lost their jobs through no fault of tleman who, I believe, has earned the grati- Mr. Tuttle was born in Hicksville, Ohio, and their own. The Republican unemployment in- tude of his community, his state and his na- received a Bachelor of Science in Industrial surance proposal would cut in half the total tion. Management from Ohio State University in number of weeks of benefits provided, harm f 1957. The next year he married his wife Bar- those States with the highest rates of pro- bara, who would become his bride of 52 longed unemployment, and allow unemploy- RECOGNIZING THE 50TH ANNIVER- years. After serving as a Captain in the U.S. ment funds to be used for other purposes. SARY OF DUNEDIN HIGH SCHOOL Army from 1957–1959, Brooke Tuttle joined If Congress does not act on an extension of Cummins, Inc., headquartered in Columbus, unemployment benefits, more than one million HON. C.W. BILL YOUNG Indiana, and he later earned a Masters in Americans could lose their unemployment OF FLORIDA Business Administration from Indiana Univer- benefits next year. This is compounded by the IN THE HOUSE OF REPRESENTATIVES sity in 1964. Economic Policy Institute’s findings that the drop in consumer demand resulting from ex- Thursday, December 15, 2011 During his 29-year career with Cummins, Mr. Tuttle had various responsibilities includ- pired unemployment benefits would cost the Mr. YOUNG of Florida. Mr. Speaker, I rise ing: General Manager of the Fleetguard filtra- U.S. economy more than half a million jobs. today to honor the 50th anniversary of Dun- tion business; leading the $700 million world- This is unacceptable. According to the Con- edin High School, which first opened its doors wide parts and services distribution business; gressional Budget Office providing federal un- in 1961. That year, 767 students and 44 opening distribution centers in Asia, Europe, employment benefits is one of the most effec- teachers walked the halls for the first time. and Central and South America; and serving tive ways to help boost the economy—in fact, Half a century later the school serves more as Executive Director of Public Policy. for every dollar of benefits, nearly $2 in eco- than twice that number of students, working to Brooke Tuttle was deeply invested in his nomic growth goes into the surrounding com- prepare them for their future while creating an local community and was responsible for out- munity. We should be working to support environment that encourages students to ex- standing growth and prosperity. He served as American families instead of causing more plore their potential. President of the Columbus Economic Develop- damage. From the beginning, the school embraced ment Board in 1985, and after he retired from This bill should be about extending tax in- the rich Scottish traditions that have character- Cummins three years later, Mr. Tuttle contin- centives and not pushing through the Major- ized the city of Dunedin since its founding in ued as President of Economic Development. ity’s anti-environment agenda. This legislation 1870. The school selected a Falcon as the During his 22 years as president, he spear- includes a provision that bypasses the Key- mascot, harkening back to the sport of fal- headed the expansion of 260 existing compa- stone XL pipeline environmental review proc- conry, a favorite Scottish pastime consisting of nies and helped attract 52 new manufacturing ess by requiring the President to make a deci- training and hunting with falcons. However, and technology companies. As a result of his sion whether to approve the project within 60 the Dunedin Highlander Marching Band is per- hard work and dedication to the Columbus days, even though a final route has not yet haps the most unique aspect of the school. community, Columbus gained 10,000 new been proposed. It is responsible and critical This band not only wears the Dress Stewart manufacturing jobs and $2.2 billion of new in- that the Administration complete a proper as- Tartan plaid as their uniform, they are one of vestment. Mr. Tuttle retired from the Columbus sessment of the health risks and potential the few high school bands in the country that Economic Development Board in 2007. toxic contamination to the surrounding com- features bagpipes. After his retirement, Brooke Tuttle served as munities posed by the pipeline. Any effort to Since its establishment, Dunedin High President of LHP Technologies and continued rush this process and compel a decision be- School has sought to foster academic teaching Economics at Ivy Tech and Indiana fore a thorough review should not stand. achievement, community pride and school University/Purdue University Columbus The Majority also is attempting to block air spirit. Over the years, the students at the (IUPUC) as an adjunct professor for twenty quality standards that have been thoroughly school have won numerous awards and state years. IUPUC awarded him the ‘‘Excellence in reviewed. The EPA is more than a decade championships for academic, athletic and ex- Teaching’’ award in both 1990 and 2010. His late on issuing emissions standards requiring tracurricular activities. The students are not accolades also included the Columbus Cham- incinerators and boilers to reduce toxic air pol- the school’s only source of pride, as the dedi- ber of Commerce Community Service Award lutants. While this would impact less than 1 cated teachers and administrative staff also and the distinguished Sagamore of the Wa- percent of all boilers in the U.S., the Repub- have an award winning tradition, receiving bash Award. lican Majority is again attempting to nullify and many state and national awards for the high- Despite his demanding and successful ca- delay the discharge limits. The pollutants from quality education they provide. reer, Brooke Tuttle never forgot to give back. these emissions are linked to asthma, cancer, Students who have graduated from Dunedin He served as president of Rotary Club Inter- and heart disease, with the EPA estimating have gone on to achieve great success, with national, the Columbus Foundation for Youth, that the pollution reductions required by the many staying in the area to raise their children and the Columbus Girls Club. He also served rules would prevent up to 8,100 premature and enrich the local community. This commu- as a Moderator for Leadership Bartholomew deaths, 52,000 asthma attacks, and 5,100 nity support extends to the high school, with County, a Big Brother, and as a basketball heart attacks each year and yield $12 to $30 volunteers putting in over 28,000 hours at coach for the Boy’s Club. He was also a dea- in health benefits for every dollar spent to Dunedin High School last year alone. Notable con at the First Presbyterian Church and meet the standards. Such controversial provi- alumni include local politicians, famous musi- served on the IUPUC Board of Advisors, as sions as the pipeline and the emissions stand- cians, professional athletes, and Hollywood well as the Visitor’s Center Board. ards have no place in tax legislation. actors and directors. My deepest and most heartfelt condolences The issue of spectrum allocation should not I am honored to represent the students, go out to his beloved wife Barbara, daughter be pushed through at the end of this session. teachers, and faculty who currently attend Katherine, son Jeffery, and his nephew Philip. While H.R. 3630 grants the Federal Commu- Dunedin High School as well as many of In the midst of this difficult time be encour- nications Commission the authority to conduct those that have enriched this public school for aged that the innumerable contributions of incentive auctions, it does not ensure proper the last 50 years. I ask my colleagues to join Brooke Tuttle will not soon be forgotten. oversight of the process. This is especially

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E2281 concerning as it relates to the public safety NATIONAL DEFENSE clear powered aircraft carrier was home ported network. In the immediate aftermath of Sep- AUTHORIZATION ACT there.’’ tember 11th the importance of a strong and The proposed home port shift of an aircraft consistent public safety network was clear— HON. ROBERT J. WITTMAN carrier, especially in this challenging budget first responders and emergency workers must OF VIRGINIA environment, is unaffordable and unnecessary be able to communicate in emergency and IN THE HOUSE OF REPRESENTATIVES and I encourage this Congress and the United States Navy to carefully consider a better utili- disaster situations. There is an insufficient Thursday, December 15, 2011 amount of funds to research, build, and de- zation of taxpayer resources to fund our men velop the public safety communications net- Mr. WITTMAN. Mr. Speaker, I rise today to and women in uniform. express my concern about the United States work as well as no requirement that the net- f work providing for effective governance and Navy’s future plan to home port a nuclear national operability. powered aircraft carrier aboard Naval Station OUR UNCONSCIONABLE NATIONAL Mayport. I, along with other members of the DEBT Finally, while I wholeheartedly believe that Virginia Congressional Delegation, have con- we must fix the Medicare Sustainable Growth tinued to question the duplication of resources Rate Physician payment formula (or ‘‘doc fix’’), to move the home port of a nuclear aircraft HON. MIKE COFFMAN we cannot do it on the backs of the hospitals. carrier, when current resources in Norfolk, Vir- OF COLORADO This bill would cut Medicare hospital outpatient ginia, meet these needs. IN THE HOUSE OF REPRESENTATIVES reimbursement rates to equalize them with This nation is in very challenging and un- Thursday, December 15, 2011 rates for services provided in physician offices. charted waters with respect to the Department Mr. COFFMAN of Colorado. Mr. Speaker, The proposal is misguided because it ignores of Defense budget. Every effort must be made on January 26, 1995, when the last attempt at the significant differences in cost structures to ensure efficient and thoughtful planning, a balanced budget amendment passed the between hospitals and physician offices, in- procurement, and budgeting is conducted to House by a bipartisan vote of 300–132, the cluding the added costs hospitals incur for car- support our national security strategy for the national debt was $4,801,405,175,294.28. ing for the uninsured. All of these cuts are on 21st century. While the budget may be getting Today, it is $15,051,286,197,149.79. We’ve top of $155 billion in hospitals cuts from the smaller, the request for power projection and added $10,249,881,021,855.51 to our debt in Affordable Care Act (ACA) and more than $40 forward presence around the globe to protect 16 years. This is $10 trillion in debt our nation, billion in cuts just created by sequestration. our interests and ensure a peaceful future is our economy, and our children could have Hospitals simply cannot sustain these cuts only growing. Sequestration and the very real avoided with a balanced budget amendment. and patient care will suffer if they are forced possibility of cutting $1 billion out of the De- to do so. partment of Defense budget over the next ten f years puts our carrier force in jeopardy. RETIREMENT OF MR. T.J. f With these major defense cuts coming we PREJEAN, JR. are forced to address the proposal by the RECOGNIZING JEFFERY POTTER United States Navy to move a nuclear pow- AS THE 2012 PRESIDENT OF THE ered aircraft carrier to Naval Station Mayport. HON. CHARLES W. BOUSTANY, JR. AMERICAN INSTITUTE OF ARCHI- While strategic dispersal of forces is important, OF LOUISIANA TECTS what is more important is that we maintain a IN THE HOUSE OF REPRESENTATIVES capable level of forces to disperse. Thursday, December 15, 2011 An iconic symbol of American freedom do- HON. PETE SESSIONS mestically and abroad and a potential item for Mr. BOUSTANY. Mr. Speaker, I rise today the sequestration chopping block, the aircraft to congratulate T.J. Prejean, Jr. on his retire- OF TEXAS carrier could face detrimental cuts to her fleet ment from the Vermilion Parish Policy Jury. For 31 years, T.J. proudly served District 13 IN THE HOUSE OF REPRESENTATIVES and capability because of a flawed defense strategy driven by looming budget cuts. The as police juror, twice being the Vice President Thursday, December 15, 2011 Navy has 11 nuclear-powered aircraft carriers of the jury. Having attended 3,000 meetings in her fleet. While six remain deployed across during his career, T.J.’s commitment to ensur- Mr. SESSIONS. Mr. Speaker, on December the world, supporting operations, others are in ing the well-being of Vermilion Parish is clear. 9, 2011 Jeffery Potter was duly elected to rotation, utilized for training or remain in the Formerly an oil rig worker and farmer, T.J. serve as President of the American Institute of shipyard for necessary maintenance. began his service in office in 1980 and served Architects (AIA). Jeff is the Vice-President of On September 23, 2011, I wrote the Chief eight consecutive terms. Opposition often POTTER, a design firm in Dallas, Texas es- of Naval Operations, Admiral Jonathan stood in his way, but T.J.’s door-to-door cam- tablished in 1983. The firm has a broad port- Greenert arguing that at a time when the na- paign style reinforced his personal connection folio but specifically seeks to advance school- tion’s historic fiscal challenges will require to the community. house design in the region. drastic cuts in federal spending, it is fiscally ir- During his time as police juror, T.J. made Jeff has been recognized by his peers responsible and strategically unnecessary to every effort to be accessible to the residents through numerous regional AIA and trade build expensive and redundant nuclear-sup- of District 13. He provided assistance during awards for his design efforts and has juried port infrastructure for CVN homeporting when the several major hurricanes our region expe- design awards programs throughout the there are more cost-effective alternatives to rienced in the past decade. In doing so, he United States. Over the past 30 years Jeff has sustain Mayport’s future as an operational demonstrated himself a concerned and de- worked to elevate professional communica- base. pendable leader. His final police jury meeting tions between his peers and to educate the Admiral Greenert’s response to the letter in- will be Monday, December 19, 2011. public on the importance of design. Addition- dicated concerns raised about the movement I offer my sincerest appreciation to T.J. ally, Jeff has worked with his colleagues to of an aircraft carrier to Mayport would be in- Hebert for his dedication to the people of help combine traditional architectural jour- cluded in the Navy’s strategic calculus. He Vermilion Parish and congratulate him on his nalism with social media and knowledge shar- stated that ‘‘the size of fiscal adjustments retirement. I am honored to be his representa- ing to promote architecture in the 21st century. compels us to take a comprehensive strategic tive in Congress. review, examining every program element, in- As AIA President, Jeff has stated that he f cluding the funding required to homeport a will focus on what he calls the ‘‘two spheres CVN in Mayport’’. BEN COLE of influence’’: nurturing a grassroots organiza- The conference report for the National De- tion of architects and building on the strengths fense Authorization Act, H.R. 1540, addressed HON. JACK KINGSTON of the organization to promote a professional the issue of military construction funding for a institute of design leaders. OF GEORGIA road improvement project at Mayport. It states, IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to join me in recog- ‘‘The conferees determined that the Massey nizing Mr. Potter’s accomplishments and ask Avenue Corridor Improvements Project had Thursday, December 15, 2011 that we acknowledge the important role that merit to support requirements at the Naval Mr. KINGSTON. Mr. Speaker, every town architects serve in our economy. Station Mayport, Florida, whether or not a nu- has a few heroes, and lucky is the man whose

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with E2282 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2011 life crosses the path of one. I have had that May Ben and the Chain Baseball Academy Why would this be so? According to Sec- good fortune in getting to know Ben Cole of keep up the good work and continue to inspire retary Geithner, ‘‘rather than motivating these Savannah. the rest of us for many years to come. countries to join us in increasing pressure on Ben runs the Chain Baseball Academy. For f Iran, they are more likely to resent our actions nearly two decades, he had trained thousands and resist following our lead—a consequence of boys in the competitive art of ‘‘America’s IRAN THREAT REDUCTION ACT OF that would serve the Iranians more than it Favorite Pastime.’’ Ben takes youngsters of 2011 harms them.’’ The Administration has sug- various walks of life and teaches them the fun- gested ways to achieve the goals of this bill SPEECH OF damentals of hitting, pitching, and catching. while ensuring we don’t cripple the inter- Many go on to become star high school, col- HON. GWEN MOORE national coalition and consensus that it has lege, and professional baseball players. It is OF WISCONSIN worked so hard to build against Iran. Con- no surprise that Chain Baseball has produced IN THE HOUSE OF REPRESENTATIVES gress should listen. A piece of legislation that over 300 college level athletes and 44 profes- Tuesday, December 13, 2011 results in fewer countries working with us to sional, including two World Series pitchers! isolate Iran and bring a verifiable end to its However it is not just about baseball. It’s Ms. MOORE. Mr. Speaker, let’s be clear. troubling nuclear activities is not a victory in about character building, teamwork, and excel- Iran activities are troubling and our Nation my book. ling on and off the field. Ben’s most important must continue to work to build an international Another provision in the bill—added in Com- lesson for the parents is that if the kid doesn’t coalition to pressure and isolate Iran until it mittee—would prohibit U.S. diplomatic or other want to be a baseball player: Don’t force him. verifiably ends such activities. The policies we contact, whether intentionally or incidentally, In today’s society, sometimes parents can use to effect our goals are as important as the with certain Iranian government officials. push their children too much. That takes the rhetoric about being tough on Iran. Whether intended by its authors or not, con- fun out of it for them and can hurt their con- I vote for this legislation while noting it has cerns have been raised about negative impact fidence. Instead, parents should let them enjoy flaws that must be addressed in the other on our diplomatic efforts. I urge the Senate to being kids. If they want to play baseball, fine, body, in cooperation with the Administration. I remove this provision. It adds nothing to the and if they don’t, that’s fine too. They have to will speak to some of those needed changes bill’s effectiveness but brings unnecessary want it for themselves, not their Moms and in a minute. However, I think other provisions confusion and controversy. Dads. such as language targeting government offi- H.R. 1905 would also require the President Because of the amount of traveling required, cials who commit human rights abuses and to report, after its enactment, on negative im- playing baseball can be expensive. Not all the provisions aimed at stopping Iran’s Revo- pacts the bill would cause on our relations families can afford the time and money in- lutionary Guard from trying to evade current with friendly nations and on the U.S. economy. volved. That’s why Ben and Chain owner U.S. and multilateral sanctions make sense. I think this gets it backwards. We need to get Buddy Meyer work hard to find financial aid for When the U.S. and our international allies a better bill that addresses those concerns up kids in need. The term ‘‘elite athlete’’ doesn’t work together, our efforts on Iran, including front, rather than wait until after we have shat- mean financially elite. They want the door to sanctions and diplomacy, are more effective tered the international coalition. be open to all. and stronger. The same can be said when the Ben also works patiently with Moms and Again, I support a strong and unified inter- Congress and the Administration are working national effort against Iran with U.S. leader- Dads. He has a special place for women together. whose husbands are deployed. Chain Acad- ship but my continued support for this legisla- We should not confuse support for this bill tion requires those in Senate (who will have emy is less than a mile from Hunter Army Air- with the fact that there exists a vast diver- field, home of the 3rd ID. Often, Moms walk the opportunity to amend it unlike the House gence of views in this Congress on the best did) to work with the Administration to address through the door with a boy whose dad is in policy to deal with the threat posed by Iran. Afghanistan or Iraq. Mom doesn’t know much possible negative impacts on our diplomatic However, the Republican majority determines efforts, economy, and the Iranian people. This about baseball, but she’s come to the right the schedule and has made a choice to bring place. Ben makes sure her son, who has often occured last year to get CISADA passed and this bill up under a procedure that prevents I hope we repeat it again this time. just moved to town, is treated like family. any Member with other ideas (either to make Finally, Ben leads by example. At 81 years Lastly, no one should take passage of this the bill stronger or weaker depending on your old, he doesn’t sit at the desk barking out in- legislation as a sign that diplomacy is off the view) from making further changes to it. structions. He gets in the cage, picks up a bat, table and that the only option going forward is Even with my yes vote, I believe this legisla- and shows his students how to swing, catch, a military strike. We need to invest in diplo- tion is in need of improvement. Sending a or throw. And when the time allows, he puts macy—maybe now more than ever—and to strong message is one thing but enacting an on a batter’s helmet and takes a few swings continue to work with our international allies himself. With his perfect form he drives the effective policy that supports that message is and others interested in peace and stability in ball hard and strong, proving to all he knows another. And this bill must be improved so our the region. policy can match the strong message. what he’s doing. f Ben likes the great athlete but no more than Where can this bill be improved? I have the earnest athlete. No matter what the age, long been concerned and I have expressed TRIBUTE TO THE UNITED STATES if a kid tries his best, Ben’s there to help make those concerns on this floor before about uni- ARMED FORCES AND INTEL- him a better player. I can attest to that. I’ve lateral sanctions. Treasury Secretary Geithner LIGENCE SERVICES seen him patiently spend hours coaching a said last year, ‘‘to be truly effective in ending fifty-six-year-old congressman. Even if there’s Iran’s proliferation activities and Iran’s support HON. KEN CALVERT little improvement, year by year, he’s ready to for terrorism, we need to have in place a con- OF CALIFORNIA help! His enthusiasm is contagious. certed, international approach. This is not IN THE HOUSE OF REPRESENTATIVES Ben’s an optimist. He loves his country, his something the United States can do alone. We Thursday, December 15, 2011 family, his favorite sport of baseball and the need other countries to move with us.’’ I con- kids of all ages who play it. Star athletes come cur wholeheartedly. Mr. CALVERT. Mr. Speaker, I rise today to to the Chain all the time but nothing lights up Yet, I know that the Administration has honor and pay tribute to the United States his face as much as a grandchild. warned some provisions, like mandatory Ira- Armed Forces and Intelligence Services on In today’s society, we have widespread obe- nian Central Bank Sanctions, may end up the occasion of the successful completion of sity. In the Agriculture Appropriations Sub- splintering the international coalition that it Operation Iraqi Freedom. committee, we spend as much time talking worked relentlessly to build as exemplified by Nine years ago our country embarked on a about obesity and exercise as hunger. We passage of last year’s UN Security Council military campaign to end the tyrannical rule of need more people like Ben who have kept Sanction Resolution. In a recent letter, Sec- Saddam Hussein, bring the Iraqi people free- themselves in shape. We need people to stay retary Geithner made clear his concerns that dom and make the world a safer place. The active physically, mentally, and spiritually. sanctioning the Central Bank of Iran could road has not been an easy one to travel but Think of the billions we could save in health negatively affect ‘‘many of our closest allies through it all our U.S. service members have care costs if more people took Ben’s example. and largest trading partners.’’ Again, the most persevered. From the insurgency in the al Finally, think how much more fun we’d have likely to be adversely affected by this bill are Anbar Province to the violence in Baghdad, to as a country if instead of just watching Amer- our closest allies, the ones we depend on to the ultimate success of the surge, our troops ica’s favorite pastime we would all play it. pressure Iran. did not lose sight of the goal. As the enemy

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E2283 changed their tactics, our military, with the Sergeant Aaron Blasjo, United States Army IN HONOR NOW help of our intelligence community, adapted Sergeant Andrew Tobin, United States Army In . . . and overcame. While there have been many God Bless our Troops and God Bless Amer- In Honor Now! that have questioned America’s ability to com- ica. As here we stand so very proud! So very proud of all of you so now . . . mit to a long war, a decade later proves our f With open arms, as here we stand with determination as well as assures our Iraqi hearts so very warm . . . All in our friends that they have a lasting ally in the CONGRATULATING MS. MADIE TILLMAN hearts of love, so very full . . . beating United States. loud! While we commemorate the successful Waiting all for you! completion of Operation Iraqi Freedom, the HON. MICHAEL R. TURNER Welcome Home! challenges remain for Iraq just as it would for OF OHIO As you come down into view . . . any nascent democracy. Today, let us recom- IN THE HOUSE OF REPRESENTATIVES All as America’s most brilliant of all hues! mit ourselves diplomatically to Iraq and ensure Her Armed Forces so very tried and true! Thursday, December 15, 2011 that as the country experiences the growing As all of our hearts so run to you . . . Oh can you but not so hear them now! pains of a new democratic state, they can turn Mr. TURNER of Ohio. Mr. Speaker, I am proud to recognize a distinguished member of Welcome Home! to the U.S. for guidance and help. With open arms, all in our hearts of love for Today also serves as the successful com- the General Daniel ‘‘Chappie’’ James Amer- you so very warm! pletion of Operation Iraqi Freedom which will ican Legion Auxiliary Post 776, located in my Our most precious of all daughters and sons be remembered in history, along with the al- congressional district, for the service she has ... most 4,500 service members that were killed given to her community. Who are but honor bound, as are all of these in action in Iraq. Today we also reaffirm a sol- Ms. Madie Tillman received the Member of ones! emn promise that we will always remember the Year Award for the Department of Ohio Who all so stood, for what was good and true! their sacrifice and that they gave up the most during the American Legion Auxiliary 2011 De- While, all in that face . . . of deep dark death partment Convention, for her exceptional con- and war, as did you! precious of all things—life. We acknowledge Welcome Home! that the death and eternal absence of a sol- tributions to the American Legion Auxiliary. As all for God and Country Tis of Thee, you dier, sailor, airman, Coast Guardsman or Ma- She is a long-time volunteer at the Dayton VA would so die and bleed! rine does not exist in a vacuum—it is a wound Medical Center. Last year, she raised $500 for As you so cried, as they so laid your brothers that will never truly heal in the hearts of all a Christmas party for veterans and their fami- and sisters down to rest! those who loved them. We honor them as in- lies. All into that soft cold quiet ground, were but dividuals—they are people who cannot be re- As the widow of a veteran, Ms. Tillman has lain all of America’s Best so down! placed but whose memory lives on whenever been a dedicated, generous and unselfish ad- All in your tears, as we so saw what your vocate for veterans and their families. After love for each other so said! their story is told. So as we close this chapter, And That Blood That Binds You, so ran red! let us promise to honor our war dead every learning that veterans in the Homeless Pro- All In Such Honor Now, as here we so stand day, tell their stories and remember their sac- gram at the Dayton VA were in need of book so very proud! rifice. In honor of all those who died in service bags for their classes at Sinclair Community All in how your fine lives have so read! to our country in Operation Iraqi Freedom, I College, she collected bags for the veterans Can you but not so hear all of our hearts for would like to read the names of those killed from local charitable organizations. you so pound? from my congressional district. In January, she collected over one hundred Welcome Home, now to where you so belong! Gunnery Sgt Jeffrey Bohr, United States 2011 calendars after learning that our troops With Open Arms, as here we stand with our deployed overseas wanted them so they could love for you so very warm . . . Marine Corps So very strong! First Lieutenant Todd Bryant, United States mark off the days until they could return home. Back home again, with your families as the Army The calendars were shipped to our troops by tears begin . . . Sergeant Ryan Young, United States Army the Blue Star Mothers. An associate member Whose, fine hearts have so cried . . . and so Private First Class Brian Cutter, United of the Blue Star Mothers of America, she also worried all of the time! States Marine Corps donates to their ‘‘Trick or Treat for Troops’’ We pray to end their most restless sleep, and Sergeant Eliu Miersandoval, United States program, and other activities. so let them all so find peace! Army I appreciate this opportunity to recognize a For they are but America’s Quiet Heroes, Lance Corporal Rafael Suarez, United good and compassionate citizen, Ms. Madie The Families as so are all of these! States Marine Corps Because, all of you and your families’ fine Tillman, for her service to our community and lives . . . have but been a song! Corporal Billy Gomez, United States Army our Nation’s veterans. Specialist Jonathan Castro, United States A song of such Faith and Courage! f One of such Strength In Honor, who this our Army Nation has so nourished! Corporal Jason Morrow, United States Ma- IN HONOR OF THE RETURN OF With Open Arms we now so cry, Welcome rine Corps OUR WOUNDED WARRIORS TO Home! Private First Class Jason Franco, United AMERICA Far from all of that darkness of most dread- States Marine Corps ed war, and all its grave harm! Sergeant Rhys Klasno, California National As now, you all can so rest! Guard HON. CHARLES W. BOUSTANY, JR. As a time to so rebuild . . . to so replenish, Sergeant Thomas McFall, United States OF LOUISIANA and once again your courage to test! Army IN THE HOUSE OF REPRESENTATIVES As you rebuild with what you have left . . . Specialist Cameron Payne, United States Thursday, December 15, 2011 As all our hearts are now so filled, with such Army love and respect . . . it’s now time to Mr. BOUSTANY. Mr. Speaker, I rise today heal America’s Best! Specialist Joshua Modgling, United States in honor of our wounded warriors returning For all of you and your families, may our Army Lord God So Bless . . . Specialist Eric Holke, California National home from abroad. Several times a week, wounded American soldiers return to the For you have a new battle now to begin! Guard And oh yes, American’s finest ones . . . you Staff Sergeant Eric Cottrell, United States United States, landing at Andrews Air Force shall win! Army Base. Some have short layovers before going Welcome Home, for this our Nation you have Staff Sergeant Alejandro Ayala, United to their homes or medical facilities around the so blessed! States Air Force country. Others remain in the Washington, As now you wear that most noblest title of Specialist Armando A. De La Paz, United DC, region to get care and recover. Whatever them all! States Army their final destination, I ask that our thoughts As an American Hero, whose magnificent Private Grant Cotting, United States Army and prayers go out to the members of our hearts upon a battlefield of honor stood Armed Forces and their families. tall! Lance Corporal David James Hogan, United With . . . States Marine Corps Their sacrifices to our nation will never be With Open Arms . . . Staff Sergeant Michael Cardenaz, United forgotten. In honor of their service and in Welcome Home! As to all of you, our hearts States Army hopes for their recovery I ask that this poem so roam! Senior Airman Michael Hinkle, United States penned by Albert Caswell be placed in the In Honor Now, Here We So Stand With Open Air Force RECORD. Arms!

VerDate Mar 15 2010 07:23 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\E15DE1.REC E15DE1 bjneal on DSK2TWX8P1PROD with E2284 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2011 Welcome Home . . . In Honor Now! It was 1971. He was a man suited for the boys needed discipline, love, and nourish- (By Albert Caswell) time. We were the first white class to attend ment. Once, Chris and I found an old canoe f what had previously been the all black Burney in the river. Its seaworthiness had been beat- Harris High School. The courts had spoken. en out of it by a series of rapids. We took it JOHN TILLITSKI The town was nervous, the administration ten- home to restore it, a long shot at best but Mr. tative and the teachers incredibly challenged Tillitski supported our effort. When we finally HON. JACK KINGSTON by the change set in front of them. Not Mr. got it to float, he was the first to give us boat OF GEORGIA Tillitski. He saw black and white not in skin paddles. IN THE HOUSE OF REPRESENTATIVES color but in justice, fairness, and common Another time, Chris and I hopped a train Thursday, December 15, 2011 sense. He could bridge the unsettled times with confidence. and tried to make it to Myrtle Beach, S.C. We Mr. KINGSTON. Mr. Speaker, when I was in The fear was that every fight, skirmish, or didn’t disclose the details of our mode of 10th grade history class, the teacher caught incident could accelerate into a race riot. In transportation to our parents. We made it to me chewing gum. I don’t know why it’s so this atmosphere he became the ‘‘go to’’ guy. Morehead City but ran out of track and trains hard to chew gum without being noticed, but Everyone knew he was a straight shooter. If headed in the right direction. Hitchhiking there I was caught and on my way to the Prin- the issue could be resolved quietly he could home, we informed our parents where we had cipal’s office. I had never personally met him. do it. been and announced that we’d try again soon. He was a no-nonsense man named John A few years later, his son Chris and I de- Rather than fighting about it, telling us we Tillitski. cided to liven up the day by driving a motor- were stupid and how dangerous it was, Mr. He asked me why I was sent to him. There cycle down the hall of the school. I should do Tillitski quietly let us borrow his prize green weren’t any official forms so when asked, you the right thing and say it was a joint decision, 1967 Mustang. Practically a sports car. Not a were expected to give a full report of your but in the style of Washington politics I’ll prettier sight was seen driving down the Myrtle crime without equivocation. blame the whole idea on Chris, who in turn Beach strip. He knew boys had to push an en- ‘‘I was chewing gum, sir.’’ claimed his brothers Steve and Mike had velope but he also knew how to rein them in ‘‘Oh,’’ He looked me in the eye and added, pulled similar stunts. Down the hall we roared without killing our youthful spirit. ‘‘Do you want to stay in school?’’ loudly as a jet plane. Soon, hundreds of stu- As with so many influential men there was ‘‘Yes, sir.’’ dents and teachers poured out of their classes a great family structure to go along with them. ‘‘Fine, bend over.’’ With that, he pulled a trying to find out what had happened. We John’s wife, Joan, was a wonderful partner 12’’ rubber sole of a shoe out of his desk, were surrounded by a mob of teachers and standing by him, raising the boys and making popped me on the hindquarters, and said, ‘‘go students, some laughing, some screaming, sure the family bond stayed strong. As a back to class.’’ most in bewilderment. The principal was beet trained nurse she knew when one of the boys That was it, verdict, sentence, and punish- red in anger and unable to complete a sen- needed a trip to the hospital, a bandage or a ment. It was over in 5 minutes. Then I was tence in his fury. Finally, Mr. Tillitski re- good hug. They are an ideal couple. back in class, sitting quietly, taking notes, and emerged from the throng. As the sea parted learning American history. No more chewing for his entrance, he simply said, ‘‘Turn the I was blessed to have people and educators gum. damn thing off and get it out of here.’’ We such as John and Joan Tillitski in my life. In That’s the way John Tillitski handled things. pushed it outside, order was restored, and we today’s world with its confusion and uncer- Clear. Concise. Fair. Without drama, without were duly punished. tainty, we need more people with firm ideals red tape, just old fashion, even-handed, blind He was a man’s man. Strong, gruff, and and gentle hands to guide them. The world justice. competitive. As the father of boys, he knew would be a better place.

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 1540, National Defense Authorization Act. Senate further consideration of S. 1612, to provide the De- Chamber Action partment of Justice with additional tools to target Routine Proceedings, pages S8619–S8691 extraterritorial drug trafficking activity, and the bill Measures Introduced: Twelve bills and one resolu- was then passed, after agreeing to the following tion were introduced, as follows: S. 1996–2007, and amendment proposed thereto: Page S8690 S. Res. 348. Pages S8679–80 Durbin (for Feinstein/Grassley) Amendment No. 1464, in the nature of a substitute. Page S8690 Measures Reported: H.R. 789, to designate the facility of the United 40th Anniversary of the National Cancer Act: States Postal Service located at 20 Main Street in Committee on Health, Education, Labor, and Pen- Little Ferry, New Jersey, as the ‘‘Sergeant Matthew sions was discharged from further consideration of S. J. Fenton Post Office’’. Res. 347, recognizing the 40th anniversary of the H.R. 2422, to designate the facility of the United National Cancer Act of 1971 and the more than States Postal Service located at 45 Bay Street, Suite 12,000,000 survivors of cancer alive today because of 2, in Staten Island, New York, as the ‘‘Sergeant the commitment of the United States to cancer re- Angel Mendez Post Office’’. search and advances in cancer prevention, detection, S. 1236, to reduce the trafficking of drugs and to diagnosis, and treatment, and the resolution was then agreed to. Pages S8690–91 prevent human smuggling across the Southwest Bor- der by deterring the construction and use of border Measures Considered: tunnels. Middle Class Tax Relief and Job Creation S. 1821, to prevent the termination of the tem- Act—Cloture: Senate began consideration of the mo- porary office of bankruptcy judges in certain judicial tion to proceed to consideration of H.R. 3630, to districts, with an amendment. Page S8679 provide incentives for the creation of jobs. Measures Passed: Page S8673 A motion was entered to close further debate on Enrollment Correction: Senate agreed to H. Con. the motion to proceed to consideration of the bill, Res. 92, directing the Clerk of the House of Rep- and, in accordance with the provisions of Rule XXII resentatives to correct the enrollment of the bill of the Standing Rules of the Senate, a vote on clo- H.R. 1540. Page S8664 ture will occur on Saturday, December 17, 2011. Fallen Heroes of 9/11 Act: Senate passed H.R. Page S8673 3421, to award Congressional Gold Medals in honor Conference Reports: of the men and women who perished as a result of the terrorist attacks on the United States on Sep- National Defense Authorization Act: By 86 yeas tember 11, 2001. Page S8689 to 13 nays (Vote No. 230), Senate agreed to the con- ference report to accompany H.R. 1540, to authorize Enrollment Correction: Senate agreed to H. Con. appropriations for fiscal year 2012 for military ac- Res. 93, providing for a correction to the enrollment tivities of the Department of Defense, for military of the bill H.R. 2845. Pages S8689–90 construction, and for defense activities of the Depart- Targeting Transnational Drug Trafficking Act: ment of Energy, to prescribe military personnel Committee on the Judiciary was discharged from strengths for such fiscal year. Pages S8632–S8664 D1368

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Nomination Confirmed: Senate confirmed the fol- Privileges of the Floor: Page S8689 lowing nomination: Record Votes: Two record votes were taken today. By 95 yeas to 3 nays (Vote No. EX. 231), Morgan (Total—231) Pages S8664–65 Christen, of Alaska, to be United States Circuit Judge for the Ninth Circuit. Adjournment: Senate convened at 9:30 a.m. and Pages S8625–28, S8664–65, S8691 adjourned at 7:03 p.m., until 10 a.m. on Friday, De- cember 16, 2011. (For Senate’s program, see the re- Nominations Received: Senate received the fol- marks of the Acting Majority Leader in today’s lowing nominations: Record on page S8691.) Michael A. Raynor, of Maryland, to be Ambas- sador to the Republic of Benin. Jacob Walles, of Delaware, to be Ambassador to Committee Meetings the Tunisian Republic. (Committees not listed did not meet) Sharon Block, of the District of Columbia, to be a Member of the National Labor Relations Board for NOMINATIONS the term of five years expiring December 16, 2014. Committee on Agriculture, Nutrition, and Forestry: Com- Richard F. Griffin, Jr., of the District of Colum- mittee concluded a hearing to examine the nomina- bia, to be a Member of the National Labor Relations tions of Michael T. Scuse, of Delaware, to be Under Board for the term of five years expiring August 27, Secretary of Agriculture for Farm and Foreign Agri- 2016. cultural Services, and to be a Member of the Board Rachel L. Brand, of Iowa, to be a Member of the of Directors of the Commodity Credit Corporation, Privacy and Civil Liberties Oversight Board for a who was introduced by Senator Coons, and Chester term expiring January 29, 2017. John Culver, of Iowa, who was introduced by Sen- David Medine, of Maryland, to be Chairman and ators Harkin and Grassley, and Bruce J. Sherrick, of Member of the Privacy and Civil Liberties Oversight Illinois, both to be a Member of the Board of Direc- Board for a term expiring January 29, 2012. tors of the Federal Agricultural Mortgage Corpora- David Medine, of Maryland, to be Chairman and tion, Farm Credit Administration, after the nominees Member of the Privacy and Civil Liberties Oversight testified and answered questions in their own behalf. Board for a term expiring January 29, 2018. Patricia M. Wald, of the District of Columbia, to BUSINESS MEETING be a Member of the Privacy and Civil Liberties Committee on Armed Services: Committee ordered favor- Oversight Board for a term expiring January 29, ably reported the nominations of Michael A. 2013. Sheehan, of New Jersey, to be an Assistant Secretary, 11 Air Force nominations in the rank of general. and Brad Carson, of Oklahoma, to be General Coun- 1 Army nomination in the rank of general. sel of the Department of the Army, both of the De- A routine list in the Foreign Service. Page S8691 partment of Defense, and 832 nominations in the Nomination Withdrawn: Senate received notifica- Army, Navy, and Air Force. tion of withdrawal of the following nomination: GENETICALLY ENGINEERED FISH Craig Becker, of Illinois, to be a Member of the National Labor Relations Board for the term of five Committee on Commerce, Science, and Transportation: Sub- years expiring December 16, 2014, which was sent committee on Oceans, Atmosphere, Fisheries, and Coast Guard concluded a hearing to examine envi- to the Senate on January 26, 2011. Page S8691 ronmental risks of genetically engineered fish, after Messages from the House: Page S8677 receiving testimony from Ronald L. Stotish, Measures Referred: Page S8677 AquaBounty Technologies, Inc., Waltham, Massa- chusetts; John Epifanio, Illinois Natural History Sur- Measures Read the First Time: Pages S8677, S8691 vey, Champaign; George H. Leonard, Ocean Conser- Executive Communications: Pages S8677–78 vancy Aquaculture Program, Santa Cruz, California; Executive Reports of Committees: Page S8679 and Paul Greenberg, New York, New York. Additional Cosponsors: Pages S8680–81 BUSINESS MEETING Statements on Introduced Bills/Resolutions: Committee on Energy and Natural Resources: Committee Pages S8681–88 ordered favorably reported the following business Additional Statements: Pages S8676–77 items: S. 1108, to provide local communities with tools Amendments Submitted: Page S8689 to make solar permitting more efficient, with an Authorities for Committees to Meet: Page S8689 amendment;

VerDate Mar 15 2010 13:28 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15DE1.REC D15DEPT1 smartinez on DSK6TPTVN1PROD with DIGEST D1370 CONGRESSIONAL RECORD — DAILY DIGEST December 15, 2011 S. 1142, to promote the mapping and develop- IMPROVING GOVERNANCE IN THE ment of the United States geothermal resources by DEMOCRATIC REPUBLIC OF CONGO establishing a direct loan program for high risk geo- Committee on Foreign Relations: Subcommittee on Afri- thermal exploration wells, to amend the Energy can Affairs concluded a hearing to examine improv- Independence and Security Act of 2007 to improve ing governance in the Democratic Republic of geothermal energy technology and demonstrate the Congo, after receiving testimony from Johnnie Car- use of geothermal energy in large scale thermal ap- son, Assistant Secretary of State for African Affairs; plications, with amendments; Mark Schneider, International Crisis Group, and S. 1149, to expand geothermal production, with Mvemba Phezo Dizolele, Stanford University Hoover amendments; Institution on War, Revolution and Peace, both of S. 1160, to improve the administration of the De- Washington, D.C.; and Anthony W. Gambino, East- partment of Energy, with an amendment in the na- ern Congo Initiative (ECI), Bethesda, Maryland. ture of a substitute; and The nomination of Arunava Majumdar, of Cali- PRESCRIPTION DRUG SHORTAGES fornia, to be Under Secretary of Energy. Committee on Health, Education, Labor, and Pensions: NUCLEAR REGULATORY COMMISSION Committee concluded a hearing to examine prescrip- Committee on Environment and Public Works: Sub- tion drug shortages, focusing on examining a public committee on Clean Air and Nuclear Safety con- health concern and potential solutions, and if the cluded a hearing to examine the Nuclear Regulatory Food and Drug Administration’s ability to respond Commission’s near-term task force recommendations should be strengthened, after receiving testimony for enhancing reactor safety in the 21st century, after from Senator Klobuchar; Sherry Glied, Assistant Sec- receiving testimony from Gregory B. Jaczko, Chair- retary for Planning and Evaluation, and Sandra man, and Kristine L. Svinicki, George Apostolakis, Kweder, Deputy Director, Office of New Drugs, William D. Magwood IV, and William C. Center for Drug Evaluation and Research, Food and Ostendorff, each a Commissioner, all of the Nuclear Drug Administration, both of the Department of Regulatory Commission. Health and Human Services; Marcia Crosse, Director, Health Care, Government Accountability Office; TRAFFICKING NARCOTICS IN THE Murray Aitken, IMS Institute for Healthcare CARIBBEAN Informatics, Parsippany, New Jersey; Ralph G. Neas, Committee on Foreign Relations: Subcommittee on Generic Pharmaceutical Association, Washington, Western Hemisphere, Peace Corps and Global Nar- D.C.; and John Maris, The Children’s Hospital of cotics Affairs concluded a hearing to examine the Philadelphia, Philadelphia, Pennsylvania. United States-Caribbean shared security partnership, focusing on responding to the growth of trafficking BUSINESS MEETING narcotics in the Caribbean, after receiving testimony Committee on the Judiciary: Committee ordered favor- from William R. Brownfield, Assistant Secretary of ably reported the following business items: State for International Narcotics and Law Enforce- S. 1821, to prevent the termination of the tem- ment Affairs; Rodney G. Benson, Assistant Adminis- porary office of bankruptcy judges in certain judicial trator, Chief of Intelligence, Drug Enforcement Ad- districts, with an amendment; ministration, Department of Justice; Liliana Ayalde, S. 1236, to reduce the trafficking of drugs and to Senior Deputy Assistant Administrator, Latin Amer- prevent human smuggling across the Southwest Bor- ica and Caribbean Bureau, United States Agency for der by deterring the construction and use of border International Development; Eduardo A. Gamarra, tunnels; and Florida International University, Miami; and Doug- The nomination of Brian C. Wimes, to be United las Farah, International Assessment and Strategy States District Judge for the Eastern and Western Center, Alexandria, Virginia. Districts of Missouri.

VerDate Mar 15 2010 13:28 Dec 16, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15DE1.REC D15DEPT1 smartinez on DSK6TPTVN1PROD with DIGEST December 15, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1371 House of Representatives ed, to require the Secretary of the Treasury to mint Chamber Action coins in commemoration of the 225th anniversary of Public Bills and Resolutions Introduced: 23 pub- the establishment of the Nation’s first Federal law lic bills, H.R. 3673–3695; and 4 resolutions, H.J. enforcement agency, the United States Marshals Res. 93; and H. Res. 497–499 were introduced. Service, by a 2⁄3 recorded vote of 412 ayes to 1 no Pages H9005–07 with 1 answering ‘‘present’’, Roll No. 934. Additional Cosponsors: Pages H9007–08 Page H8991 Reports Filed: Reports were filed today as follows: Suspensions—Proceedings Resumed: The House Conference report on H.R. 2055, making appro- agreed to suspend the rules and pass the following priations for military construction, the Department measures which were debated yesterday, December of Veterans Affairs, and related agencies for the fiscal 14th: year ending September 30, 2012, and for other pur- Rattlesnake Mountain Public Access Act of poses (H. Rept. 112–331) and 2011: H.R. 2719, to ensure public access to the H. Res. 500, providing for consideration of the summit of Rattlesnake Mountain in the Hanford conference report to accompany the bill (H.R. 2055) Reach National Monument for educational, rec- making appropriations for military construction, the reational, historical, scientific, cultural, and other Department of Veterans Affairs, and related agencies purposes, by a 2⁄3 recorded vote of 416 ayes with for the fiscal year ending September 30, 2012, and none voting ‘‘no’’, Roll No. 935 and Pages H8991–92 for other purposes; providing for consideation of the bill (H.R. 3672) making appropriations for disaster Providing for the conveyance of certain property relief requirements for the fiscal year ending Sep- from the United States to the Maniilaq Association tember 30, 2012, and for other purposes; providing located in Kotzebue, Alaska: H.R. 443, amended, to for consideration of the concurrent resolution (H. provide for the conveyance of certain property from Con. Res. 94) directing the Clerk of the House of the United States to the Maniilaq Association lo- Representatives to make corrections in the enroll- cated in Kotzebue, Alaska, by a 2⁄3 recorded vote of ment of H.R. 3672; and for other purposes (H. 407 ayes to 4 noes, Roll No. 936. Pages H8992–93 Rept. 112–332). Pages H9005, H9004, See next issue. Recess: The House recessed at 4:37 p.m. and recon- Speaker: Read a letter from the Speaker wherein he vened at 10:56 p.m. Page H9004 appointed Representative Ellmers to act as Speaker Recess: The House recessed at 10:58 p.m. and re- pro tempore for today. Page H8969 convened at 12:56 a.m. on December 16th. Recess: The House recessed at 11:41 a.m. and re- Page H9004 convened at 12 noon. Page H8980 Senate Message: Message received from the Senate Journal: The House agreed to the Speaker’s approval by the Clerk and subsequently presented to the of the Journal by a yea-and-nay vote of 330 yeas to House today appears on pages H8984 and H9004. 83 nays with 2 answering ‘‘present’’, Roll No. 933. Quorum Calls—Votes: One yea-and-nay vote and Page H8990 three recorded votes developed during the pro- Recess: The House recessed at 12:33 p.m. and re- ceedings of today and appear on pages H8990, convened at 1:15 p.m. Page H8994 H8991, H8992 and H8992–93. There were no quorum calls. Suspensions: The House agreed to suspend the rules and pass the following measure: Adjournment: The House met at 10 a.m. and ad- journed at 12:58 a.m. on Friday, December 16, Welfare Integrity and Data Improvement Act: 2011. H.R. 3659, amended, to reauthorize the program of block grants to States for temporary assistance for needy families through fiscal year 2012. Committee Meetings Pages H8984–90 Suspension—Proceedings Resumed: The House MISCELLANEOUS MEASURES agreed to suspend the rules and pass the following Committee on the Budget: Full Committee held a mark- measure which was debated on December 13th: up of H.R. 3521, the ‘‘Expedited Line-Item Veto United States Marshals Service 225th Anniver- and Rescissions Act of 2011.’’ The bill was ordered sary Commemorative Coin Act: H.R. 886, amend- reported, as amended.

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hour of debate and one motion to recommit if appli- CALIFORNIA’S HIGH-SPEED RAIL PLAN cable. Debate on the conference report is divided Committee on Transportation and Infrastructure: Full pursuant to clause 8(d) of rule XXII. The resolution Committee held a hearing entitled ‘‘California’s also provides a closed rule for H.R. 3672 with one High-Speed Rail Plan: Skyrocketing Costs & Project hour of debate equally divided and controlled by the Concerns.’’ Testimony was heard from Rep. McCar- chair and ranking minority member of the Com- thy; Rep. Cardoza; Rep. Nunes; Rep. Costa; Rep. mittee on Appropriations. The rule waives all points Rohrabacher; Rep. Zoe Lofgren of California; Rep. of order against consideration of the bill and pro- Loretta Sanchez of California; Joseph Szabo, Admin- vides that it shall be considered as read. The rule istrator, Federal Railroad Administration; Jerry waives all points of order against provisions in the Amante, Mayor, Tustin, California and Member, Or- bill. The rule provides one motion to recommit. The ange County Transportation Authority Board of Di- resolution further provides a closed rule for H. Con. rectors; Ashley Swearengin, Mayor, Fresno, Cali- Res. 94. The rule provides 20 minutes of debate fornia; and public witnesses. equally divided and controlled by the chair and ranking minority member of the Committee on Ap- VOW TO HIRE HEROES ACT OF 2011 propriations. The rule waives all points of order against consideration of the concurrent resolution Committee on Veterans’ Affairs: Subcommittee on Eco- and provides that it shall be considered as read. The nomic Opportunity held a hearing entitled ‘‘Review- rule waives all points of order against provisions in ing the Implementation of the VOW to Hire Heroes the concurrent resolution. The rule provides one mo- Act of 2011.’’ Testimony was heard from Ismael tion to recommit without instructions. The rule pro- Ortiz, Jr., Acting Assistant Secretary, Veterans’ Em- vides that the Clerk shall not transmit to the Senate ployment and Training Service, Department of a message that the House has passed H.R. 3672 Labor; and Curtis L. Coy, Deputy Under Secretary until notified by the Speaker or by message from the for Economic Opportunity, Veterans Benefits Ad- Senate that the Senate has taken the question on ministration, Department of Veterans Affairs. adoption of H. Con. Res. 94 as adopted by the House. The rule provides that it shall be in order at any time through the legislative day of December Joint Meetings 16, 2011, for the Speaker to entertain motions that No joint committee meetings were held. the House suspend the rules relating to a measure f continuing appropriations for the fiscal year ending September 30, 2012. Finally, the rule waives clause COMMITTEE MEETINGS FOR FRIDAY, 6(a) of rule XIII (requiring a two-thirds vote to con- DECEMBER 16, 2011 sider a rule on the same day it is reported from the (Committee meetings are open unless otherwise indicated) Rules Committee) against any resolution reported Senate through the legislative day of December 31, 2011, providing for consideration or disposition of any of No meetings/hearings scheduled. the following measures: (1) a measure relating to ex- House piring provisions of the Internal Revenue Code of 1986; (2) a measure relating to the Medicare pay- Committee on Foreign Affairs, Subcommittee on Ter- ment system for physicians; and (3) a measure relat- rorism, Nonproliferation, and Trade, hearing entitled ‘‘Changing Energy Markets and Their Geopolitical Impli- ing to appropriations for the fiscal year ending Sep- cations.’’ 10 a.m., 2200 Rayburn. tember 30, 2012. Committee on House Administration, Full Committee, Testimony was heard from Chairman Rogers of markup of H. Res. 496, adjusting the amount provided Kentucky. for the expenses of certain committees of the House of MEDICAL LOSS RATIOS Representatives in the One Hundred Twelfth Congress. 10:30 a.m., 1310 Longworth. Committee on Small Business: Subcommittee on Inves- Committee on Oversight and Government Reform, Sub- tigations, Oversight and Regulations held a hearing committee on TARP, Financial Services and Bailouts of entitled ‘‘New Medical Loss Ratios: Increasing Public and Private Programs, hearing entitled ‘‘What the Health Care Value or Just Eliminating Jobs?’’ Testi- Euro Crisis Means for Taxpayers and the U.S. Economy, mony was heard from public witnesses. Pt. II.’’ 9:30 a.m., 2154 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, December 16 9 a.m., Friday, December 16

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Consideration of the conference re- ing business until 12 noon. port to accompany H.R. 2055—Military construction and Veterans Affairs, and Related Agencies Appropriations Act, 2012 (Subject to a Rule). Consideration of H.R. 3672—Disaster Relief Appropriations Act, 2012 (Subject to a Rule). Consideration of H. Con. Res. 94—Directing the clerk of the House of Representatives to make correc- tions in the enrollment of H.R. 3672 (Subject to a Rule). Consideration of the following suspensions: (1) Senate Amendment to H.R. 1892—Intelligence Authorization Act for Fiscal Year 2011 and (2) Senate Amendment to H.R. 2867—United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011.

Extensions of Remarks, as inserted in this issue

HOUSE Hirono, Mazie K., Hawaii, E2274 Poe, Ted, Tex., E2272 Hochul, Kathleen C., N.Y., E2269 Rahall, Nick J., II, W.Va., E2278 Boustany, Charles W., Jr., La., E2281, E2283 Honda, Michael M., Calif., E2279 Rangel, Charles B., N.Y., E2274 Burgess, Michael C., Tex., E2277 Jordan, Jim, Ohio, E2270 Richardson, Laura, Calif., E2278 Calvert, Ken, Calif., E2282 Kingston, Jack, Ga., E2281, E2284 Sanchez, Loretta, Calif., E2272 Carnahan, Russ, Mo., E2276 Levin, Sander M., Mich., E2271 Schakowsky, Janice D., Ill., E2276 Chu, Judy, Calif., E2275 Lipinski, Daniel, Ill., E2269, E2271, E2276 Sessions, Pete, Tex., E2281 Clarke, Hansen, Mich., E2276 McCollum, Betty, Minn., E2275 Thompson, Bennie G., Miss., E2271 Clyburn, James E., S.C., E2279 Maloney, Carolyn B., N.Y., E2269, E2280 Turner, Michael R., Ohio, E2283 Coffman, Mike, Colo., E2270, E2281 Matsui, Doris O., Calif., E2270 Webster, Daniel, Fla., E2277 Critz, Mark S., Pa., E2273 Moore, Gwen, Wisc., E2282 Wittman, Robert J., Va., E2281 Filner, Bob, Calif., E2270, E2279 Moran, James P., Va., E2269 Young, C.W. Bill, Fla., E2280 Grimm, Michael G., N.Y., E2277 Pence, Mike, Ind., E2278, E2280

(House proceedings for today will be continued in the next issue of the Record.)

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