November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18343 SENATE—Wednesday, November 30, 2011

The Senate met at 10 a.m. and was SCHEDULE family will have $1,000 less to spend on called to order by the Honorable Mr. REID. Madam President, fol- food, clothing, and diapers next year— KIRSTEN E. GILLIBRAND, a Senator from lowing leader remarks, the Senate will except those 350,000 people. the State of New York. be in morning business until 10:30 a.m. Republicans can continue to try to Following morning business, the Sen- protect people who earn an average of PRAYER ate will resume consideration of S. $3 million apiece. We are not going to do that, not in today’s economy. In The Chaplain, Dr. Barry C. Black, of- 1867. The filing deadline for second-de- other words, Republicans are increas- fered the following prayer: gree amendments to the Defense bill is ing taxes on nearly every American Let us pray. 10:30 a.m. today. At about 11 o’clock, family to protect people who make an Holy, holy, holy, Lord God of Hosts, there will be a cloture vote on S. 1867. average of $37,500 a week—far more Heaven and Earth are filled with Your It is my understanding the vote will than most Americans make in a year. glory. Lord, You have given us the be at 11 o’clock. Is that right, Madam You can take Nevada, you can take hope that Your kingdom shall come on President? It is not about 11, it will be Kentucky—take Kentucky, the home Earth. Help us to see the signs of its at 11. of my friend the Republican leader. dawning as we labor for liberty. The ACTING PRESIDENT pro tem- There, 2.1 million middle-class workers May the work and deliberations of pore. The Senator is correct. will be hit with a tax increase if the our lawmakers so reflect the nature of Mr. REID. We will continue working Republicans block our proposal. In Ne- Your coming kingdom that people will through the pending amendments. Sen- vada, we have fewer people than Ken- be filled with faith. ators LEVIN and MCCAIN are managers tucky, but the same basically applies Increase our hunger and thirst for of this bill, and Senators will be noti- in Nevada. But in Kentucky specifi- righteousness, and feed us with the fied when votes are scheduled. There cally, 1,345 Kentuckians earn an aver- was a little void here from 10:30 until bread of Heaven. Lord, empower us all age of $3.5 million each, each year, and the vote. That will be debate time on to work for that perfect day when Your that will be protected thanks to the ef- the motion to invoke cloture on the will shall be done on Earth as it is in forts of Senate Republicans. Heaven. Defense bill. Why would Republicans throw 92 per- We pray in Your sacred Name. Amen. f cent of American families under the f PAYROLL TAX CUTS bus, whacking them with a tax in- Mr. REID. Madam President, Repub- crease beginning January 1, to protect PLEDGE OF ALLEGIANCE the richest of the rich? Why would they licans love to talk about taxes. They do that? It certainly sounds like polit- The Honorable KIRSTEN E. GILLI- like them low, we like them high—or ical suicide, not to mention shockingly BRAND led the Pledge of Allegiance, as so they would have you believe. By callous policy. One might assume there follows: that logic, Republicans ought to be lin- is a compelling reason for Republicans I pledge allegiance to the Flag of the ing up to support our payroll tax legis- to stake out this seemingly indefen- United States of America, and to the Repub- lation. Democrats propose we cut taxes sible ground, to take the side of the top lic for which it stands, one nation under God, for 160 million Americans and every two-tenths of 1 percent of American indivisible, with liberty and justice for all. single business in our country. The av- earners while raising taxes on 160 mil- erage American family would save f lion others. about $1,500. Yet Republicans appeared APPOINTMENT OF ACTING Here is their reason. They say they out of the woodwork to oppose our want to protect job creators. Of course PRESIDENT PRO TEMPORE plan. They do not like these particular that claim is laughable on its face. Our The PRESIDING OFFICER. The tax cuts because they are paid for with bill would cut taxes for literally every clerk will please read a communication a small, 3.25-percent surtax on people business in America, and for 98 percent to the Senate from the President pro making more than $1 million a year. of these companies, these firms, includ- tempore (Mr. INOUYE). But we have learned that Republicans ing virtually every small business, it The assistant legislative clerk read only care about keeping taxes low for a would cut payroll taxes in half, from the following letter: very small group of people. This small 6.2 percent to 3.1 percent. U.S. SENATE, group is the richest of the rich. I could quote virtually every member PRESIDENT PRO TEMPORE, Here is the contrast. One side has of the Republican caucus, all 47 of Washington, DC, November 30, 2011. Democrats fighting to cut taxes for 160 them, singing the praises of small busi- To the Senate: million Americans who make an aver- nesses that create jobs because they Under the provisions of rule I, paragraph 3, age of less than $30,000 a year. On the have come at various times during this of the Standing Rules of the Senate, I hereby other side, we have Republicans fight- year and previous years to talk about appoint the Honorable KIRSTEN E. GILLI- ing to keep taxes low for fewer than small businesses, what good they do for BRAND, a Senator from the State of New 350,000 people who take home more York, to perform the duties of the Chair. America. And I agree with that. You DANIEL K. INOUYE, than $3 million every year. The con- will not get disagreement from Demo- President pro tempore. trast: 160 million Americans who make crats. That is why our bill cuts taxes Mrs. GILLIBRAND thereupon as- an average of less than $30,000 a year; for every small business in America, sumed the chair as Acting President on the other side, Republicans are including 50,000 firms in Nevada. Yet pro tempore. fighting to keep taxes low for the rich- legislation that will cut taxes for 92 est of the rich—350,000 people who percent of American families and every f make more than $3 million a year. single business in the Nation without What is worse, if Republicans get adding a penny to the deficit may not RECOGNITION OF THE MAJORITY their way, if they are able to give the get a single Republican vote because it LEADER richest of the rich a pay increase, in ef- would cost a few incredibly prosperous, The ACTING PRESIDENT pro tem- fect, taxes will actually increase by rich Americans about 2 weeks of pay. pore. The majority leader is recog- about $1,000 a year for 120 million To top it all off, Republicans know nized. American families. Every American the tax increase they are foisting on

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

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18344 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 middle-class families would be dev- vate sector businesses the American have to suffer any more than they al- astating for our economy. The Eco- people are counting on to help turn ready are for the Democrats’ failed nomic Policy Institute has stated that this economy around. economic policies. this Republican tax hike will reduce The President and Democrats here in Republicans reject the idea that the GDP by $128 billion and cost almost 1 Congress are saying we ought to recoup way to help people is for the govern- million jobs—972,000 to be exact. That the revenue we will not get from one ment to write them a check every once would send our economy back into a group of taxpayers by socking it to an- in a while or adjust their pay stub at a tailspin, and it is impossible to tell other group, a significant number of time of our choosing. We think it is how long would be our recovery. whom happen to be employers. What time to get past the idea that govern- Republicans often say we cannot af- this really means is that one way or ment should be the sole arbiter of peo- ford to raise taxes on the top two- another they want the money coming ple’s futures and livelihoods. We need tenths of 1 percent of American tax- back to Washington so that the Presi- to get government out of the business payers, so I ask, how can we afford a dent and his allies in Congress can of picking winners and losers, and that tax increase on 92 percent of American divvy it up how they want, protecting is why Republicans think the real an- families? and aiding the politically favored few. swer is broad-based tax reform that clears out the deductions and the loop- f This really sums up the whole story of this President and the economic poli- holes and the special carve-outs for RECOGNITION OF THE MINORITY cies he has promoted over the past few those who are rich enough or politi- LEADER years—send your money to Washington cally connected enough to benefit from The ACTING PRESIDENT pro tem- so the President and his allies in Con- it. If one is a small business owner, we pore. The Republican leader is recog- gress can spend it their way, on things don’t think they should have to have nized. such as turtle tunnels or bailing out an army of tax lawyers on staff to fig- politically connected investors of fail- f ure out how to keep their business ing solar companies. profitable and their employees on the PAYROLL TAX CUTS The Democrats can say they just payroll. If one is an individual, they Mr. MCCONNELL. Madam President, want some people to pay a little bit should not have to hire an accountant I know my good friend the majority more to cover this or that dubious pro- to keep from getting ripped off by the leader may have been a little busy dur- posal, but what they do not tell you is IRS. We think Americans are ready for that 80 percent of the people they want ing the last 24 hours. Maybe he missed tax reform that makes the system fair to tax are business owners—in other the news. Reuters said: for everybody, that levels the playing U.S. Senate Republicans Back Payroll Tax words, the very people we are counting field so people in small businesses can Cut Extension. on to create the jobs we need in this compete without having to beg for fa- The Wall Street Journal says: country. Think about that. The Demo- vors or beg for loopholes. We are going GOP Set to Back Payroll Tax Cut. crats’ response to the jobs crisis we are to keep pressing for it, and part of that in right now is to raise taxes on those is looking beyond these temporary IBD says: who create the jobs. This is not just GOP Open to Payroll Tax Cut. stimulus measures. counterproductive, it is absolutely ab- Let’s be very clear about this. The U.S. News: surd. Democrats’ quick-fix approach has Mitch McConnell Says Congress Will Like- That brings me to my second point, failed. Nearly 3 years have passed since ly Extend Tax Cut One More Year. which is this: The only reason we are Democrats passed the mother of all CBS says: talking about extending a temporary stimulus bills, and we have 1.3 million GOP working on alternative proposal for cut in the payroll tax right now, the fewer jobs in this country than we had payroll tax cut extension. only reason we are even talking about when the President signed it into law. Washington Post: extending unemployment insurance Yet they are still at it. Republicans in right now is because President Obama’s the House have passed an avalanche of ‘‘Majority’’ of Republicans likely to back economic policies have failed working payroll tax cut extension. legislation aimed at liberating the pri- Americans. And Fox News: vate sector and getting the economy Democrats and liberal pundits are growing again. It all dies at the Senate Republicans Back Payroll Tax Cut Exten- fond of saying that Republicans are door. Democrats are not interested. sion. rooting against the economy, but it is With Democrats in control of two- Madam President, this is not an ar- easy to refute that one. If Republicans thirds of the government in Wash- gument about whether we ought to ex- wanted the economy to stall, we would ington, all we get is more temporary tend the payroll tax cut that was en- just stand on the side lines and wave stimulus and calls to raise taxes on the acted last year for 1 year. The issue is through everything the President and very people we are counting on to jolt how do you pay for that, and we have his Democratic allies in Congress pro- this economy back to life. That is why differences of opinion about that. pose. That is what the Democrats did we are standing here 3 years into this This week, as we all know, the Sen- for the first 2 years of the President’s administration still talking about tem- ate is debating the extension of a tem- term, and now we are living with the porary stimulus measures paid for by porary payroll tax cut that the two results. Unemployment is still stuck at permanent tax hikes—temporary stim- parties agreed to last year to help around 9 percent, 14 million Americans ulus measures paid for by permanent those struggling in a bad economy. But are looking for work and can’t find it, tax hikes. before getting into any detail about millions more are underemployed or Democrats don’t seem interested in the various proposals that are being have given up on finding a job alto- doing anything that will lead to eco- considered for extending this tem- gether, and here we are, 3 years into nomic growth. They are stuck on stim- porary tax cut, I think it is important this Presidency, still talking about ulus. They are stuck on government. to establish a couple of things right temporary stimulus measures. They are stuck on economic policies here at the outset. Republicans will put aside their mis- that have already failed. So we are not First, the debate we are having this givings and support this extension not arguing against extending the payroll week is not about whether to extend because we believe, as the President tax cut. We just think it should not be this temporary relief for millions of does, that another short-term stimulus punishing job creators to pay for it. We working Americans out there who are will turn this economy around but be- think that if this kind of temporary re- struggling as a result of the ongoing cause we know it will give some relief lief engineered at some lawmakers’ jobs crisis; it is about whether we to struggling workers out there who whim is the sum and substance of should help those who are struggling in continue to need it nearly 3 years into Democrats’ plan for getting this econ- a bad economy by punishing the pri- this Presidency. Americans should not omy going again, we are in trouble.

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18345 The American people don’t want a move to bring to a close debate on the mo- to buy property, that is no longer the temporary allowance from Democrats tion to proceed to Calendar No. 238, S. 1917, case. That is no longer the case. But in Washington. They want us to get out a bill to create jobs by providing payroll tax the stimulus bill has kept the schools of the way, to lift the burdens to relief for middle class families and busi- open, has allowed people on Medicaid nesses, and for other purposes: to continue getting some help, and we growth so they can get this economy Harry Reid, Robert P. Casey, Jr., Jack going. That is why Republicans are Reed, Richard J. Durbin, Dianne Fein- have had—because of that bill—thou- proposing a very different approach to stein, Carl Levin, Jeff Bingaman, Patty sands and thousands of jobs created paying for this extension. We can Murray, Patrick J. Leahy, Kent Con- with solar projects, geothermal maintain this tax relief without raising rad, Sheldon Whitehouse, Benjamin L. projects all over the State of Nevada. taxes on job creators. If past experi- Cardin, Barbara Boxer, Al Franken, Is it enough? Of course not. But let’s ence shows us anything, it is that Max Baucus, Robert Menendez, Joseph start building some confidence and al- Washington will only spend every dime I. Lieberman. lowing people with these companies it gets and then some anyway, when we Mr. REID. Madam President, I ask that have trillions of dollars, let’s have need to find a solution that doesn’t unanimous consent that the manda- them start spending some of it and cre- give more power to Washington. We tory quorum under rule XXII be ating jobs. will never get this economy going or waived. We are for tax reform. I agree with help people create the wealth and jobs The ACTING PRESIDENT pro tem- my friend the Republican leader, we America needs if we continue to allow pore. Without objection, it is so or- should have tax reform. It is important Washington to dictate all the rules of dered. because the Tax Code is not working. It the game when it comes to our econ- Mr. REID. I now withdraw my mo- is helping the wrong people, and we omy. At the end of the day, the real tion to proceed. look forward to doing what we can to question in this debate isn’t whether The ACTING PRESIDENT pro tem- work that out. I was hoping in the lawmakers in Washington should or pore. The motion is withdrawn. supercommittee that one of the things should not extend some temporary Mr. REID. Madam President, on one they would have given was instructions stimulus but whether the American of the Sunday shows, the assistant to the Ways and Means Committee and people should continue to allow Wash- leader, the Republican whip, my friend, the Finance Committee to come up ington to have so much power over the junior Senator from Arizona, indi- with some tax reform that would be their lives. That is what this debate is cated that Republicans would not sup- meaningful and build the economy about. port the withholding tax proposal we even more than we could have ever Mr. REID. Will the Chair announce had made. On Monday, that was what dreamed, and a lot of that can be done with tax reform. So I acknowledge the business for the day. the Senate leadership said. So I am very happy there has been a conversion that. f and now they agree to support it but be We look forward to working with my friends on the other side of the aisle. RESERVATION OF LEADER TIME careful. Remember, they are very clev- er and unclear on how they want this They say they are in favor of now ex- The ACTING PRESIDENT pro tem- paid for. One Republican Senator said tending withholding and we know that pore. Under the previous order, the he didn’t want it paid for, and that, in has created lots of jobs and we are glad leadership time is reserved. fact, has been the standard mantra of they are going to do that. But, I repeat, f the Republicans: Tax cuts should not let’s be very careful of how it is paid for. The American people believe we MORNING BUSINESS have to be paid for. The Bush tax cuts, amounting to trillions of dollars, were should pay for it the way we have sug- The ACTING PRESIDENT pro tem- not paid for. That is, of course, one rea- gested. The only people in the world pore. Under the previous order, the son we have this huge problem with the who don’t think it should be paid for in Senate will now be in a period of morn- deficit. the way we suggested are the Repub- ing business until 10:30 a.m., with Sen- I think we also have to recognize licans in the Senate. All the polls show ators permitted to speak therein for up that one thing our country lacks is the vast majority of Americans believe to 10 minutes, with the time equally di- confidence. There are a lot of reasons, the richest of the rich should con- vided and controlled between the two but one reason the country lacks con- tribute a little bit to bringing this leaders or their designees. fidence is people out here are talking country out of the economic problems about how bad the economy is doing. It we have. f So I would hope we can move for- is doing very poorly, and I recognize ward. We are going to have a cloture MIDDLE CLASS TAX CUT ACT OF that. But we have had growth over the vote on this matter soon. We have to 2011 last many months. Is it as significant get through this very important De- Mr. REID. Madam President, I now and as robust as we want? Of course fense bill, which is to take care of our move to proceed to Calendar No. 238, S. not, but we have a growing economy; troops. One of the managers of that, of 1917. that is to say about my friend, the course, is someone we look to for guid- The ACTING PRESIDENT pro tem- prior President, President Bush, we ance with military matters. That is pore. The clerk will report the motion. had no growth there. That was down- JOHN MCCAIN, who, as we know, is a The legislative clerk read as follows: hill. When he came into office, there certified war hero. When that is fin- Motion to proceed to S. 1917, a bill to cre- was a surplus of trillions of dollars. ished, we will work this out on the pay- ate jobs by providing payroll tax relief for That was taken away with not paying roll tax. middle class families and businesses, and for for all these tax cuts, the unpaid war in I hope that prior to the cloture vote other purposes. Iraq, the unpaid war in Afghanistan, having taken place and being nec- CLOTURE MOTION and at least 8 million jobs were lost. essary, we will have some agreement Mr. REID. Madam President, I have a We are trying to work our way out of on how to move forward because there cloture motion at the desk. that, and we have worked very hard. are a lot of other things to do before The ACTING PRESIDENT pro tem- My friend talks about the stimulus the end of this year. There are other pore. The cloture motion having been bill, the Economic Recovery Act. Let’s tax issues that are extremely impor- presented under rule XXII, the Chair just talk about something I know a lot tant that traditionally have been com- directs the clerk to read the motion. about, the State of Nevada. But for pleted before the end of a year such as The legislative clerk read as follows: that bill, in the State of Nevada, which we are in right now. CLOTURE MOTION is very hard hit with the economic re- The ACTING PRESIDENT pro tem- We, the undersigned Senators, in accord- covery, a State that for two decades pore. The Republican leader. ance with the provisions of rule XXII of the had been the No. 1 place in America to Mr. MCCONNELL. The last time my Standing Rules of the Senate, do hereby come to start a business, to get a job, good friend the majority leader and I

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18346 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 had a discussion on the floor, he re- saging votes, the less time we actually Franken amendment No. 1197, to require minded everyone he would get the last have to do what the American people contractors to make timely payments to word. Of course, since he has prior rec- sent us to do. subcontractors that are small business con- So I will be working with my friend, cerns. ognition to me, he can get the last Cardin/Mikulski amendment No. 1073, to word if he chooses. So I will just re- the majority leader. I mean, we work prohibit expansion or operation of the Dis- mind him of that at the outset. He will together every day. When we get past trict of Columbia National Guard Youth get the last word if he chooses to. I will the political speeches and the show Challenge Program in Anne Arundel County, not fight for the last word, but I will votes, there are things that need to be MD. make this point with regard to the ob- done, and we will be working together Begich amendment No. 1114, to amend title servation from my good friend. to get those things accomplished before 10, United States Code, to authorize space- We have just heard essentially the Christmas. available travel on military aircraft for The ACTING PRESIDENT pro tem- members of the reserve components, a mem- argument going into next year’s elec- ber or former member of a reserve compo- tion. Argument No. 1 is it could have pore. The majority leader. nent who is eligible for retired pay but for been worse. That is an inspiring mes- Mr. REID. I agree with virtually ev- age, widows and widowers of retired mem- sage to take to the American people. It erything the Republican leader said. I bers, and dependents. could have been worse. do think the Presidential election will Begich amendment No. 1149, to authorize a We also heard argument No. 2. The be based on what took place in the land conveyance and exchange at Joint Base second argument goes essentially like Bush administration and how we have Elmendorf Richardson, Alaska. this: After being in the administration tried to recover from that, and how Shaheen amendment No. 1120, to exclude cases in which pregnancy is the result of an in power for 3 years, No. 1, it is George things have been exacerbated because act of rape or incest from the prohibition on Bush’s fault. Among other causes of of the tsunami and because of the Eu- funding of abortions by the Department of our current dilemma that have been ropean debt crisis. Defense. cited by the President and others, in I also agree wholeheartedly with my Collins amendment No. 1105, to make per- addition to the previous administra- friend that we need to work together manent the requirement for certifications tion, it was a tsunami in Japan, it is the rest of this Congress. It is difficult relating to the transfer of detainees at the European debt crisis, of course it is to do, but we need to set aside Presi- United States Naval Station, Guantanamo the Republicans in Congress, it is those dential politics and work in our sphere Bay, Cuba, to foreign countries and other foreign entities. millionaires, it is those people in Wall as legislative leaders to try to move Collins amendment No. 1155, to authorize Street. In short, it is everybody’s fault this country along. So I look forward educational assistance under the Armed but ours. That is the argument they to that, and I appreciate the construc- Forces Health Professions Scholarship Pro- are left with when they are going into tive remarks of my friend. gram for pursuit of advanced degrees in an election year facing the American Madam President, I note the absence physical therapy and occupational therapy. people and they have nothing else to of a quorum. Collins amendment No. 1158, to clarify the say. The ACTING PRESIDENT pro tem- permanence of the prohibition on transfers pore. The clerk will call the roll. of recidivist detainees at United States People don’t think the stimulus Naval Station, Guantanamo Bay, Cuba, to worked. People don’t like ObamaCare. The legislative clerk proceeded to foreign countries and entities. They don’t like Dodd-Frank. There is call the roll. Collins/Shaheen amendment No. 1180, re- absolutely nothing, in terms of positive Mr. MCCAIN. Madam President, I ask lating to man-portable air-defense systems accomplishment, our good friends can unanimous consent that the order for originating from Libya. cite; thus the argument: It is any- the quorum call be rescinded. Inhofe amendment No. 1094, to include the body’s fault but mine. The ACTING PRESIDENT pro tem- Department of Commerce in contract au- It will be an interesting discussion pore. Without objection, it is so or- thority using competitive procedures but ex- dered. cluding particular sources for establishing going into next year, but it strikes me certain research and development capabili- that our job in the Senate is not to f ties. frame campaign arguments on a week- CONCLUSION OF MORNING Inhofe amendment No. 1095, to express the ly basis but actually try to get some- BUSINESS sense of the Senate on the importance of ad- thing done. As my friend indicated, dressing deficiencies in mental health coun- there are things that need to be done The ACTING PRESIDENT pro tem- seling. before the end of this year: The Defense pore. Morning business is closed. Inhofe amendment No. 1096, to express the sense of the Senate on treatment options for f authorization bill that we will finish members of the Armed Forces and veterans this week, the appropriations bills in NATIONAL DEFENSE AUTHORIZA- for traumatic brain injury and posttrau- one way or another—either a combina- TION ACT FOR FISCAL YEAR 2012 matic stress disorder. tion of them or a continuing resolu- Inhofe amendment No. 1097, to eliminate The ACTING PRESIDENT pro tem- tion, each of them, through the end of gaps and redundancies between the over 200 pore. Under the previous order, the the next fiscal year. programs within the Department of Defense We have tax extenders. We have the Senate will resume consideration of S. that address psychological health and trau- doc fix. We have the completion, in 1867, which the clerk will report. matic brain injury. The legislative clerk read as follows: Inhofe amendment No. 1098, to require a re- spite of the exercise we will engage in port on the impact of foreign boycotts on the tomorrow, with two approaches to con- A bill (S. 1867) to authorize appropriations for fiscal year 2012 for military activities of defense industrial base. tinuing the payroll tax extension. I the Department of Defense, for military con- Inhofe amendment No. 1099, to express the have already indicated the over- struction, and for defense activities of the sense of Congress that the Secretary of De- whelming majority of Republicans Department of Energy, to prescribe military fense should implement the recommenda- think it should be extended, and so we personnel strengths for such fiscal year, and tions of the Comptroller General of the will have to figure out how to package for other purposes. United States regarding prevention, abate- ment, and data collection to address hearing that and actually accomplish some- Pending: injuries and hearing loss among members of thing, not just come out on the floor Merkley amendment No. 1174, to express the Armed Forces. and score political points but actually the sense of Congress regarding the expe- Inhofe amendment No. 1100, to extend to accomplish something for the Amer- dited transition of responsibility for mili- products and services from Latvia existing ican people on things such as unem- tary and security operations in Afghanistan temporary authority to procure certain ployment insurance, extension of the to the Government of Afghanistan. products and services from countries along a payroll tax reduction enacted a year Feinstein amendment No. 1125, to clarify major route of supply to Afghanistan. the applicability of requirements for mili- Inhofe amendment No. 1101, to strike sec- ago, and the doc fix. These are the tary custody with respect to detainees. tion 156, relating to a transfer of Air Force kinds of things that actually have to Feinstein amendment No. 1126, to limit the C–12 aircraft to the Army. be done. The more time we spend on authority of Armed Forces to detain citizens Inhofe amendment No. 1102, to require a re- the floor with these political mes- of the United States under section 1031. port on the feasibility of using unmanned

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18347 aerial systems to perform airborne inspec- that the unit maintains connections with an Defense to develop public infrastructure on tion of navigational aids in foreign airspace. organization known to conduct terrorist ac- Guam until certain conditions related to Inhofe amendment No. 1093, to require the tivities against the United States or United Guam realignment have been met. detention at United States Naval Station, States allies. Ayotte (for McCain) amendment No. 1246, Guantanamo Bay, Cuba, of high-value enemy McCain (for Corker) amendment No. 1172, to establish a commission to study the combatants who will be detained long term. to require a report outlining a plan to end United States Force Posture in East Asia Casey amendment No. 1215, to require a reimbursements from the Coalition Support and the Pacific region. certification on efforts by the Government of Fund to the Government of Pakistan for op- Ayotte (for McCain) amendment No. 1229, Pakistan to implement a strategy to counter erations conducted in support of Operation to provide for greater cybersecurity collabo- improvised explosive devices. Enduring Freedom. ration between the Department of Defense Casey amendment No. 1139, to require con- McCain (for Corker) amendment No. 1173, and the Department of Homeland Security. tractors to notify small business concerns to express the sense of the Senate on the Ayotte (for McCain/Ayotte) amendment that have been included in offers relating to North Atlantic Treaty Organization. No. 1249, to limit the use of cost-type con- contracts let by Federal agencies. Levin (for Bingaman) amendment No. 1117, tracts by the Department of Defense for McCain (for Cornyn) amendment No. 1200, to provide for national security benefits for major defense acquisition programs. to provide Taiwan with critically needed White Sands Missile Range and Fort Bliss. Ayotte (for McCain) amendment No. 1220, United States-built multirole fighter air- Levin (for Gillibrand/Portman) amendment to require Comptroller General of the United craft to strengthen its self-defense capability No. 1187, to expedite the hiring authority for States reports on the Department of Defense against the increasing military threat from the defense information technology/cyber implementation of justification and approval China. workforce. requirements for certain sole-source con- McCain (for Ayotte) amendment No. 1066, Levin (for Gillibrand/Blunt) amendment tracts. to modify the Financial Improvement and No. 1211, to authorize the Secretary of De- Ayotte (for McCain/Ayotte) amendment Audit Readiness Plan to provide that a com- fense to provide assistance to State National No. 1132, to require a plan to ensure audit plete and validated full statement of budget Guards to provide counseling and reintegra- readiness of statements of budgetary re- resources is ready by not later than Sep- tion services for members of reserve compo- sources. tember 30, 2014. nents of the Armed Forces ordered to active Ayotte (for McCain) amendment No. 1248, McCain (for Ayotte) modified amendment duty in support of a contingency operation, to expand the authority for the overhaul and No. 1067, to require notification of Congress members returning from such active duty, repair of vessels to the United States, Guam, with respect to the initial custody and fur- veterans of the Armed Forces, and their fam- and the Commonwealth of the Northern Mar- ther disposition of members of al-Qaida and ilies. iana Islands. affiliated entities. Merkley amendment No. 1239, to expand Ayotte (for McCain) amendment No. 1250, McCain (for Ayotte) amendment No. 1068, the Marine Gunnery Sergeant John David to require the Secretary of Defense to sub- to authorize lawful interrogation methods in Fry scholarship to include spouses of mem- mit a report on the probationary period in addition to those authorized by the Army bers of the Armed Forces who die in the line the development of the short take-off, Field Manual for the collection of foreign in- of duty. vertical landing variant of the Joint Strike telligence information through interroga- Merkley amendment No. 1256, to require a Fighter. Ayotte (for McCain) amendment No. 1118, tions. plan for the expedited transition of responsi- to modify the availability of surcharges col- McCain (for Brown (MA)/Boozman) amend- bility for military and security operations in lected by commissary stores. ment No. 1119, to protect the child custody Afghanistan to the Government of Afghani- Sessions amendment No. 1182, to prohibit rights of members of the Armed Forces de- stan. Merkley amendment No. 1257, to require a the permanent stationing of more than two ployed in support of a contingency oper- plan for the expedited transition of responsi- Army brigade combat teams within the geo- ation. bility for military and security operations in graphic boundaries of the United States Eu- McCain (for Brown (MA)) amendment No. Afghanistan to the Government of Afghani- ropean Command. 1090, to provide that the basic allowance for stan. Sessions amendment No. 1183, to require housing in effect for a member of the Na- Merkley amendment No. 1258, to require the maintenance of a triad of strategic nu- tional Guard is not reduced when the mem- the timely identification of qualified census clear delivery systems. ber transitions between active-duty and full- tracts for purposes of the HUBZone Program. Sessions amendment No. 1184, to limit any time National Guard duty without a break in Leahy amendment No. 1087, to improve the reduction in the number of surface combat- active service. provisions relating to the treatment of cer- ants of the Navy below 313 vessels. McCain (for Brown (MA)) amendment No. tain sensitive national security information Sessions amendment No. 1185, to require a 1089, to require certain disclosures from post- under the Freedom of Information Act. report on a missile defense site on the east secondary institutions that participate in Leahy/Grassley amendment No. 1186, to coast of the United States. tuition assistance programs of the Depart- provide the Department of Justice necessary Sessions amendment No. 1274, to clarify ment of Defense. tools to fight fraud by reforming the work- the disposition under the law of war of per- McCain (for Wicker) amendment No. 1056, ing capital fund. sons detained by the Armed Forces of the to provide for the freedom of conscience of Wyden/Merkley amendment No. 1160, to United States pursuant to the Authorization military chaplains with respect to the per- provide for the closure of Umatilla Army for Use of Military Force. formance of marriages. Chemical Depot, OR. Levin (for Reed) amendment No. 1146, to McCain (for Wicker) amendment No. 1116, Wyden amendment No. 1253, to provide for provide for the participation of military to improve the transition of members of the the retention of members of the reserve com- technicians (dual status) in the study on the Armed Forces with experience in the oper- ponents on active duty for a period of 45 days termination of military technician as a dis- ation of certain motor vehicles into careers following an extended deployment in contin- tinct personnel management category. operating commercial motor vehicles in the gency operations or homeland defense mis- Levin (for Reed) amendment No. 1147, to private sector. sions to support their reintegration into ci- prohibit the repayment of enlistment or re- Udall (NM) amendment No. 1153, to include vilian life. lated bonuses by certain individuals who be- ultralight vehicles in the definition of air- Ayotte (for Graham) amendment No. 1179, come employed as military technicians (dual craft for purposes of the aviation smuggling to specify the number of judge advocates of status) while already a member of a reserve provisions of the Tariff Act of 1930. the Air Force in the regular grade of briga- component. Udall (NM) amendment No. 1154, to direct dier general. Levin (for Reed) amendment No. 1148, to the Secretary of Veterans Affairs to estab- Ayotte (for McCain) further modified provide rights of grievance, arbitration, ap- lish an open burn pit registry to ensure that amendment No. 1230, to modify the annual peal, and review beyond the adjutant general members of the Armed Forces who may have adjustment in enrollment fees for TRICARE for military technicians. been exposed to toxic chemicals and fumes Prime. Levin (for Reed) amendment No. 1204, to caused by open burn pits while deployed to Ayotte (for Heller/Kirk) amendment No. authorize a pilot program on enhancements Afghanistan or Iraq receive information re- 1137, to provide for the recognition of Jeru- of Department of Defense efforts on mental garding such exposure. salem as the capital of Israel and the reloca- health in the National Guard and Reserves Udall (NM)/Schumer amendment No. 1202, tion to Jerusalem of the United States Em- through community partnerships. to clarify the application of the provisions of bassy in Israel. Levin (for Reed) amendment No. 1294, to the Buy American Act to the procurement of Ayotte (for Heller) amendment No. 1138, to enhance consumer credit protections for photovoltaic devices by the Department of provide for the exhumation and transfer of members of the Armed Forces and their de- Defense. remains of deceased members of the Armed pendents. McCain (for Corker) amendment No. 1171, Forces buried in Tripoli, Libya. Levin amendment No. 1293, to authorize to prohibit funding for any unit of a security Ayotte (for McCain) amendment No. 1247, the transfer of certain high-speed ferries to force of Pakistan if there is credible evidence to restrict the authority of the Secretary of the Navy.

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18348 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 Levin (for Boxer) amendment No. 1206, to with respect to the financial sector of Iran, So we know of no objection. None have implement commonsense controls on the including the Central Bank of Iran. been forthcoming. They have been here taxpayer-funded salaries of defense contrac- The ACTING PRESIDENT pro tem- for a day or two now, and the Senate tors. pore. Under the previous order, the needs to work its will. Chambliss amendment No. 1304, to require This is the way we should be oper- a report on the reorganization of the Air time until 11 a.m. will be equally di- Force Materiel Command. vided and controlled between the Sen- ating, if there is no objection to an Levin (for Brown (OH)) amendment No. ator from Michigan, Mr. LEVIN, and the amendment, if people have had a 1259, to link domestic manufacturers to de- Senator from Arizona, Mr. MCCAIN, or chance to look at it. They have been fense supply chain opportunities. their designees. cleared on both sides. Any committee Levin (for Brown (OH)) amendment No. Mr. MCCAIN. I suggest the absence of on jurisdiction that has an interest has 1261, to extend treatment of base closure a quorum. been talked to, and that has been areas as HUBZones for purposes of the Small The ACTING PRESIDENT pro tem- taken care of. This is, it seems to me, Business Act. Levin (for Brown (OH)) amendment No. pore. The clerk will call the roll. the right way to proceed. 1263, to authorize the conveyance of the John The legislative clerk proceeded to I commend Senator MCCAIN for what Kunkel Army Reserve Center, Warren, OH. call the roll. he just said and join with him in that Levin (for Leahy) amendment No. 1080, to Mr. MCCAIN. Madam President, I ask sentiment. clarify the applicability of requirements for unanimous consent that the order for The bill we have before us that we military custody with respect to detainees. the quorum call be rescinded. will be voting cloture on at about 11 Levin (for Wyden) amendment No. 1296, to The ACTING PRESIDENT pro tem- o’clock would authorize $662 billion for require reports on the use of indemnification national defense programs. This is $27 agreements in Department of Defense con- pore. Without objection, it is so or- dered. billion less than the President’s budget tracts. request. It is $43 billion less than the Levin (for Pryor) amendment No. 1151, to Mr. MCCAIN. Madam President, I authorize a death gratuity and related bene- would like to say to my colleagues, we amount appropriated for fiscal year fits for Reserves who die during an author- have been waiting approval of a man- 2011. We have been able to find savings ized stay at their residence during or be- agers’ package of amendments that without reducing our strong commit- tween successive days of inactive duty train- have been cleared by both sides. It is ment to the men and women of our ing. not a managers’ package. It is simply a Armed Forces and their families, with- Levin (for Pryor) amendment No. 1152, to out undermining their ability to ac- recognize the service in the reserve compo- group of amendments that have been proposed by Members on both sides of complish the mission we have assigned nents of the Armed Forces of certain persons to them that they handle so remark- by honoring them with status as veterans the aisle, approved—no one has ob- under law. jected—and yet there are objections to ably bravely and consistently. So we Levin (for Nelson (FL)) amendment No. moving forward with these amend- have identified and scrubbed this budg- 1209, to repeal the requirement for reduction ments in a package. There are impor- et to find those savings, and the bill we of survivor annuities under the Survivor tant amendments by Members on both will be voting cloture on—and, hope- Benefit Plan by veterans’ dependency and in- fully, adopting cloture—reflects those demnity compensation. sides. I would urge my colleagues who savings. Levin (for Nelson (FL)) amendment No. Because of our action last night on would object to moving forward with 1210, to require an assessment of the advis- the counterfeit parts amendment, the this package of amendments which ability of stationing additional DDG–51 class bill now contains important new provi- destroyers at Naval Station Mayport, FL. have been agreed to by both sides—and sions to help fight the tide of counter- Levin (for Nelson (FL)) amendment No. there has been no objection voiced to feit electronic parts, primarily from 1236, to require a report on the effects of them individually—that I would like to China, that is flooding the defense sup- changing flag officer positions within the Air move to adopt those shortly before the Force Material Command. ply chain. I went through the provi- Levin (for Nelson (FL)) amendment No. vote on cloture at 11 o’clock. If some- sions last night, and I will not repeat 1255, to require an epidemiological study on one objects to that, then I would insist them here other than to say we are the health of military personnel exposed to that they come over to the floor and taking strong action to make sure the burn pit emissions at Joint Base Balad. object. That is the procedure we will parts that are provided to our weapons Ayotte (for McCain) modified amendment follow that I would like to inform my No. 1281, to require a plan for normalizing systems are new parts as required and colleagues. are not counterfeit parts. defense cooperation with the Republic of In other words, we have a group of Georgia. There are a number of steps in this Ayotte (for Blunt/Gillibrand) amendment amendments. They have been cleared bill. They are effective and strong No. 1133, to provide for employment and re- by both sides; no one objects. And yet steps. We require, for instance, that employment rights for certain individuals there seems to be an objection to mov- parts that are being supplied come ordered to full-time National Guard duty. ing forward with a group of amend- from the original manufacturer of Ayotte (for Blunt) amendment No. 1134, to ments that has already been agreed to. those parts or an authorized dis- require a report on the policies and practices So according to parliamentary rules, I tributor of those parts or, if that is not of the Navy for naming vessels of the Navy. will insist that the Member be here Ayotte (for Murkowski) amendment No. possible because the parts are no 1286, to require a Department of Defense in- present to object when I move forward longer being manufactured or there is spector general report on theft of computer with the package shortly before the no authorized distributor, that who- tapes containing protected information on hour of 11. Anyone watching in the of- ever is supplying those parts be cer- covered beneficiaries under the TRICARE fices, please inform your Senator of tified by the Department of Defense, Program. that decision. the way they currently are, by one part Ayotte (for Murkowski) amendment No. The ACTING PRESIDENT pro tem- of the Department of Defense, the Mis- 1287, to provide limitations on the retire- pore. The Senator from Michigan. sile Defense Agency, as being a reliable ment of C–23 aircraft. Mr. LEVIN. Madam President, just to Ayotte (for Rubio) amendment No. 1290, to supplier. strike the national security waiver author- reinforce something the Senator from We have had too many cases of mis- ity in section 1032, relating to requirements Arizona said, these are amendments siles and airplanes that have defective for military custody. there is no objection to on the sub- parts, and the lives of our people in Ayotte (for Rubio) amendment No. 1291, to stance. We have worked very hard, uniform depend upon these as being strike the national security waiver author- working with all the Senators, to clear quality parts. We are not going to ac- ity in section 1033, relating to requirements amendments. That process will con- cept the status quo anymore in terms for certifications relating to transfer of de- tinue after the cloture vote as well. of counterfeiting, mainly from China, tainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries But we now have this group we have and we are taking this strong action in and entities. worked very hard on. We know of no this bill now, following last night’s ac- Levin (for Menendez/Kirk) amendment No. objection. If there were an objection, tion, to make sure this status quo is re- 1414, to require the imposition of sanctions they would not be in a cleared package. versed.

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18349 We have over 96,000 U.S. soldiers, changes at the desk, on behalf of Sen- (1) IN GENERAL.—The Director of National sailors, airmen, and marines on the ator SESSIONS, 1207 on behalf of Sen- Intelligence shall submit to the appropriate ground in Afghanistan. We have 13,000, ator COBURN, 1210 on behalf of Senator committees of Congress an assessment by the intelligence community that accounts as we speak, remaining in Iraq. There NELSON (FL), 1227 on behalf of Senators for the disposition of, and the threat to are many issues upon which we dis- MCCAIN and PORTMAN, 1215, as modified United States citizens and citizens of allies agree. But every one of us knows we by changes at the desk, on behalf of of the United States posed by man-portable must provide our troops with the sup- Senator CASEY, 1228 on behalf of Sen- air-defense systems that were in Libya as of port they need and deserve as long as ators MCCAIN and PORTMAN, 1237 on be- March 19, 2011. The assessment shall be sub- they are in harm’s way. Senate action half of Senator SHAHEEN, 1240 on behalf mitted as soon as practicable, but not later on the Defense bill will improve the of Senator WARNER, 1245 on behalf of than the end of the 45-day period beginning quality of life for our men and women Senator MCCAIN, 1250 on behalf of Sen- on the date of the enactment of this Act. (2) ELEMENTS.—The assessment submitted in uniform. It will give them the tools ator MCCAIN, 1266 on behalf of Senator under this subsection shall include the fol- they need to remain the most effective WARNER, 1276 on behalf of Senator BAU- lowing: fighting force in the world, and it will CUS, 1280 on behalf of Senator MCCAIN, (A) An estimate of the number of man- also send a critically important mes- 1281, as modified, on behalf of Senator portable air-defense systems that were in sage that we as a nation stand behind MCCAIN, 1298 on behalf of Senators Libya as of March 19, 2011. our troops and their families and we WEBB and GRAHAM, 1301 on behalf of (B) An estimate of the number of man- appreciate their service. Senator LEVIN, 1303 on behalf of Sen- portable air-defense systems in Libya as of So I hope we can adopt the cloture ators LEVIN and MCCAIN, 1315 on behalf March 19, 2011, that are currently in the se- cure custody of the Government of Libya, motion which is before us so we can of Senator HATCH, 1317 on behalf of the United States, an ally of the United proceed to the postcloture period, Senator PORTMAN, 1324 on behalf of States, a member of the North Atlantic where we can then resolve the remain- Senator COCHRAN, 1326 on behalf of Sen- Treaty Organization (NATO), or the United ing amendments that can be resolved, ator RISCH, and 1332 on behalf of Sen- Nations. and then pass this bill, hopefully, to- ators LIEBERMAN and CORNYN. (C) An estimate of the number of man- morrow. But we have a lot of work to The ACTING PRESIDENT pro tem- portable air-defense systems in Libya as of do today and tomorrow. We have many pore. The Senator from Arizona. March 19, 2011, that were destroyed, disabled, dozens of amendments yet to be voted Mr. MCCAIN. They have been cleared or otherwise rendered unusable during Oper- on, disposed of, and hopefully cleared on this side. ation Unified Protector and since the end of Operation Unified Protector. in many cases. Mr. LEVIN. Madam President, I ask (D) An assessment of the number of man- With that, I yield the floor. unanimous consent that the Senate portable air-defense systems that is the dif- I suggest the absence of a quorum. consider these amendments en bloc, ference between the number of man-portable The ACTING PRESIDENT pro tem- that the modifications at the desk be air-defense systems in Libya as of March 19, pore. The clerk will call the roll. adopted, the amendments be agreed to, 2011, and the cumulative number of man- The legislative clerk proceeded to and the motion to reconsider be laid portable air-defense systems accounted for call the roll. upon the table. under subparagraphs (B) and (C), and the Mr. LEVIN. Madam President, I ask The PRESIDING OFFICER. Without current disposition and locations of such man-portable air-defense systems. unanimous consent that the order for objection, it is so ordered. the quorum call be rescinded. (E) An assessment of the number of man- The amendments (Nos. 1056, 1066, portable air-defense systems that are cur- The ACTING PRESIDENT pro tem- 1102, 1116, 1132, 1134, 1210, and 1250) were rently in the custody of militias in Libya. pore. Without objection, it is so or- agreed to. (F) A list of any organizations designated dered. The amendments (Nos. 1180, 1183, as terrorist organizations by the Department Mr. LEVIN. Madam President, the 1215, and 1281), as modified, were agreed of State, or affiliate organizations or mem- following amendments have been to, as follows: bers of such organizations, that are known or cleared by myself and the ranking believed to have custody of any man-port- AMENDMENT NO. 1180, AS MODIFIED member. We have cleared a number of able air-defense systems that were in the amendments on both sides. We are At the end of subtitle C of title XII, add custody of the Government of Libya as of the following: working with many Members. There March 19, 2011. SEC. 1243. MAN-PORTABLE AIR-DEFENSE SYS- (G) An assessment of the threat posed to will be an additional package after this TEMS ORIGINATING FROM LIBYA. United States citizens and citizens of allies one. We are going to continue to try to (a) STATEMENT OF POLICY.—Pursuant to of the United States from unsecured man- clear amendments. We expect that we section 11 of the Department of State Au- portable air-defense systems (as defined in will. We know of no objection to any of thorities Act of 2006 (22 U.S.C. 2349bb–6), the section 11 of the Department of State Au- the following amendments despite following is the policy of the United States: thorities Act of 2006) originating from Libya. their being available for review. (1) To reduce and mitigate, to the greatest (H) An assessment of the effect of the pro- They are amendments numbered: 1056 extent feasible, the threat posed to United liferation of man-portable air-defense sys- States citizens and citizens of allies of the tems that were in Libya as of March 19, 2011, on behalf of Senator WICKER, 1066 on United States by man-portable air-defense on the price and availability of man-portable behalf of Senator AYOTTE, 1102 on be- systems (MANPADS) that were in Libya as air-defense systems that are on the global half of Senator INHOFE, 1116 on behalf of March 19, 2011. arms market. of Senator WICKER, 1122 on behalf of (2) To seek the cooperation of, and to as- (3) NOTICE REGARDING DELAY IN SUB- Senator SHAHEEN, 1129 on behalf of sist, the Government of Libya and govern- MITTAL.—If, before the end of the 45-day pe- Senator REID, 1130 on behalf of Senator ments of neighboring countries and other riod specified in paragraph (1), the Director REID, 1132 on behalf of Senator MCCAIN, countries (as determined by the President) determines that the assessment required by 1134 on behalf of Senator BLUNT, 1143 to secure, remove, or eliminate stocks of that paragraph cannot be submitted by the man-portable air-defense systems described end of that period as required by that para- on behalf of Senators HAGAN and in paragraph (1) that pose a threat to United graph, the Director shall (before the end of PORTMAN, 1149, as modified by changes States citizens and citizens of allies of the that period) submit to the appropriate com- at the desk, on behalf of Senator United States. mittees of Congress a report setting forth— BEGICH, 1162 on behalf of Senator WAR- (3) To pursue, as a matter of priority, an (A) the reasons why the assessment cannot NER, 1164 on behalf of Senator WARNER, agreement with the Government of Libya be submitted by the end of that period; and 1165 on behalf of Senator WARNER, 1166, and governments of neighboring countries (B) an estimated date for the submittal of on behalf of Senator WARNER, 1167, as and other countries (as determined by the the assessment. modified by changes at the desk, on be- Secretary of State) to formalize cooperation (c) COMPREHENSIVE STRATEGY ON THREAT with the United States to limit the avail- OF MANPADS ORIGINATING FROM LIBYA.— half of Senator WARNER, 1178, as modi- ability, transfer, and proliferation of man- (1) STRATEGY REQUIRED.—The President fied by changes at the desk, on behalf portable air-defense systems described in shall develop and implement, and from time of Senator MURRAY, 1180, as modified paragraph (1). to time update, a comprehensive strategy, by changes at the desk, on behalf of (b) INTELLIGENCE COMMUNITY ASSESSMENT pursuant to section 11 of the Department of Senator COLLINS, 1183, as modified by ON MANPADS IN LIBYA.— State Authorities Act of 2006, to reduce and

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18350 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 mitigate the threat posed to United States (1) Since the early 1960s, the United States (1) To establish a normalized defense co- citizens and citizens of allies of the United has developed and maintained a triad of stra- operation relationship between the United States from man-portable air-defense sys- tegic nuclear weapons delivery systems. States and the Republic of Georgia, taking tems that were in Libya as of March 19, 2011. (2) The triad includes sea-based, land- into consideration the progress of the Gov- (2) REPORT REQUIRED.— based, and air-based strategic nuclear weap- ernment of the Republic of Georgia on demo- (A) IN GENERAL.—Not later than 45 days ons delivery systems. cratic and economic reforms and the capac- after the assessment required by subsection (b) REPORT ON MODIFICATION.—Whenever ity of the Georgian armed forces. (b) is submitted to the appropriate commit- after the date of the enactment of this Act (2) To support the Government of the Re- tees of Congress, the President shall submit the President proposes a modification of the public of Georgia in providing for the defense to the appropriate committees of Congress a force structure for the strategic nuclear of its government, people, and sovereign ter- report setting forth the strategy required by weapons delivery systems of the United ritory, consistent with the continuing com- paragraph (1). States, the President shall submit to Con- mitment of the Government of the Republic (B) ELEMENTS.—The report required by this gress a report on the modification. The re- of Georgia to its nonuse-of-force pledge and paragraph shall include the following: port shall include a description of the man- consistent with Article 51 of the Charter of (i) An assessment of the effectiveness of ef- ner in which such modification will maintain the United Nations. forts undertaken to date by the United for the United States a range of strategic nu- (3) To provide for the sale by the United States, Libya, Mauritania, Egypt, Algeria, clear weapons delivery systems appropriate States of defense articles and services in sup- for the current and anticipated threats faced Tunisia, Mali, Morocco, Niger, Chad, the port of the efforts of the Government of the by the United States when compared with United Nations, the North Atlantic Treaty Republic of Georgia to provide for its own the current force structure of strategic nu- Organization, and any other country or enti- self-defense consistent with paragraphs (1) clear weapons delivery systems. ty (as determined by the President) to re- and (2). duce the threat posed to United States citi- AMENDMENT NO. 1215, AS MODIFIED (4) To continue to enhance the ability of zens and citizens of allies of the United At the end of subtitle B of title XII, add the Government of the Republic of Georgia States from man-portable air-defense sys- the following: to participate in coalition operations and tems that were in Libya as of March 19, 2011. SEC. 1230. CERTIFICATION REQUIREMENT RE- meet NATO partnership goals. (ii) A timeline for future efforts by the GARDING EFFORTS BY GOVERN- (5) To encourage NATO member and can- United States, Libya, and neighboring coun- MENT OF PAKISTAN TO IMPLEMENT didate countries to restore and enhance their A STRATEGY TO COUNTER IMPRO- tries to— VISED EXPLOSIVE DEVICES. sales of defensive articles and services to the (I) secure, remove, or disable any man- (a) CERTIFICATION REQUIREMENT.— Republic of Georgia as part of a broader portable air-defense systems that remain in (1) IN GENERAL.—None of the amounts au- NATO effort to deepen its defense relation- Libya; thorized to be appropriated under this Act ship and cooperation with the Republic of (II) counter proliferation of man-portable for the Pakistan Counterinsurgency Fund or Georgia. air-defense systems originating from Libya transferred to the Pakistan Counterinsur- (6) To ensure maximum transparency in that are in the region; and gency Fund from the Pakistan Counterinsur- the United States-Georgia defense relation- (III) disrupt the ability of terrorists, non- gency Capability Fund should be made avail- ship. state actors, and state sponsors of terrorism able for the Government of Pakistan until (c) INCLUDED INFORMATION.—The plan re- to acquire such man-portable air-defense the Secretary of Defense, in consultation quired under subsection (a) shall include the systems. with the Secretary of State, certifies to the following information: (iii) A description of any additional fund- congressional defense committees and the (1) A needs-based assessment, or an update ing required to address the threat of man- Committee on Foreign Relations of the Sen- to an existing needs-based assessment, of the portable air-defense systems originating ate and the Committee on Foreign Affairs of defense requirements of the Republic of from Libya. the House of Representatives that the Gov- Georgia, which shall be prepared by the De- (iv) A description of technologies currently ernment of Pakistan is demonstrating a con- partment of Defense. available to reduce the susceptibility and tinuing commitment to and is making sig- (2) A description of each of the requests by vulnerability of civilian aircraft to man- nificant efforts towards the implementation the Government of the Republic of Georgia portable air-defense systems, including an of a strategy to counter improvised explosive for purchase of defense articles and services assessment of the feasibility of using air- devices (IEDs). during the two-year period ending on the craft-based anti-missile systems to protect (2) SIGNIFICANT IMPLEMENTATION EFFORTS.— date of the report. United States passenger jets. For purposes of this subsection, significant (3) A summary of the defense needs as- (v) Recommendations for the most effec- implementation efforts include attacking serted by the Government of the Republic of tive policy measures that can be taken to re- IED networks, monitoring of known precur- Georgia as justification for its requests for duce and mitigate the threat posed to United sors used in IEDs, and the development of a defensive arms purchases. States citizens and citizens of allies of the strict protocol for the manufacture of explo- (4) A description of the action taken on United States from man-portable air-defense sive materials, including calcium ammonium any defensive arms sale request by the Gov- systems that were in Libya as of March 19, nitrate, and accessories and their supply to ernment of the Republic of Georgia and an 2011. legitimate end users. explanation for such action. (vi) Such recommendations for legislative (b) WAIVER.—The Secretary of Defense, in (d) FORM.—The plan required under sub- or administrative action as the President consultation with the Secretary of State, section (a) shall be submitted in unclassified considers appropriate to implement the may waive the requirements of subsection form, but may contain a classified annex. strategy required by paragraph (1). (a) if the Secretary determines it is in the The amendments (Nos. 1122, 1129, (C) FORM.—The report required by this national security interest of the United 1130, 1143; 1149, as modified; 1162, 1164, paragraph shall be submitted in unclassified States to do so. 1165, 1166; 1167, as modified; 1178, as form, but may include a classified annex. AMENDMENT NO. 1281 (d) APPROPRIATE COMMITTEES OF CONGRESS modified, 1207, 1227, 1228, 1237, 1240, 1245, (Purpose: To require a plan for normalizing 1266, 1276, 1280, 1298, 1301, 1303, 1315, 1317, DEFINED.—In this section, the term ‘‘appro- defense cooperation with the Republic of priate committees of Congress’’ means— Georgia) 1324, 1326, and 1332) were agreed to, as (1) the Committee on Armed Services, the At the end of subtitle C of title XII, add follows: Committee on Foreign Relations, and the Se- the following: AMENDMENT NO. 1122 lect Committee on Intelligence of the Sen- ate; and SEC. 1243. DEFENSE COOPERATION WITH REPUB- (Purpose: To authorize the acquisition of LIC OF GEORGIA. (2) the Committee on Armed Services, the real property and associated real property (a) PLAN FOR NORMALIZATION.—Not later Committee on Foreign Affairs, and the Per- interests in the vicinity of Hanover, New than 90 days after the date of the enactment Hampshire, as may be needed for the Engi- manent Select Committee on Intelligence of of this Act, the President shall develop and the House of Representatives. neer Research and Development Center submit to the congressional defense commit- laboratory facilities at the Cold Regions AMENDMENT NO. 1183, AS MODIFIED tees and the Committee on Foreign Rela- Research and Engineering Laboratory) At the end of subtitle G of title X, add the tions of the Senate and the Committee on At the end of subtitle E of title II, add the following: Foreign Affairs of the House of Representa- following: SEC. 1080. REPORTS TO CONGRESS ON THE MODI- tives a plan for the normalization of United FICATION OF THE FORCE STRUC- States defense cooperation with the Republic SEC. 2ll. LABORATORY FACILITIES, HANOVER, TURE FOR THE STRATEGIC NU- of Georgia, including the sale of defensive NEW HAMPSHIRE. CLEAR WEAPONS DELIVERY SYS- arms. (a) ACQUISITION.— TEMS OF THE UNITED STATES. (b) OBJECTIVES.—The plan required under (1) IN GENERAL.—Subject to paragraph (3), (a) FINDINGS.—Congress makes the fol- subsection (a) shall address the following ob- the Secretary of the Army (referred to in lowing findings: jectives: this section as the ‘‘Secretary’’) may acquire

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18351 any real property and associated real prop- tion, and Liability Act of 1980 (42 U.S.C. (3) A description of the means by which the erty interests in the vicinity of Hanover, 9620(h)). Department applies combat casualty care re- New Hampshire, described in paragraph (2) as AMENDMENT NO. 1129 search findings, including development of may be needed for the Engineer Research (Purpose: To redesignate the Mike new medical devices, to improve battlefield and Development Center laboratory facili- O’Callaghan Federal Hospital in Nevada as care. ties at the Cold Regions Research and Engi- the Mike O’Callaghan Federal Medical (4) An assessment of the adequacy of the neering Laboratory. Center) coordination by the Department of planning (2) DESCRIPTION OF REAL PROPERTY.—The for combat casualty care medical research At the end of subtitle D of title XXVIII, real property described in this paragraph is and development and whether or not the De- add the following: the real property to be acquired under para- partment has a coordinated combat casualty graph (1)— SEC. 2833. REDESIGNATION OF MIKE care research and development strategy. O’CALLAGHAN FEDERAL HOSPITAL (A) consisting of approximately 18.5 acres, IN NEVADA AS MIKE O’CALLAGHAN (5) An assessment of the adequacy of re- identified as Tracts 101-1 and 101-2, together FEDERAL MEDICAL CENTER. sources provided for combat casualty care with all necessary easements located en- (a) REDESIGNATION.—Section 2867 of the research and development across the Depart- tirely within the Town of Hanover, New Military Construction Authorization Act for ment. Hampshire; and Fiscal Year 1997 (division B of Public Law (6) An assessment of the programmatic, or- (B) generally bounded— 104–201; 110 Stat. 2806), as amended by section ganizational, and resource challenges and (i) to the east by state route 10-Lyme 8135(a) of the Department of Defense Appro- gaps faced by the Department in optimizing Road; priations Act, 1997 (section 101(b) of division investments in combat casualty care med- (ii) to the north by the vacant property of A of the Omnibus Consolidated Appropria- ical research and development in order to the Trustees of Dartmouth College; tions Act, 1997 (Public Law 104–208; 110 Stat. save lives on the battlefield. (iii) to the south by Fletcher Circle grad- 3009–118)), is further amended by striking (7) The extent to which the Department uate student housing owned by the Trustees ‘‘Mike O’Callaghan Federal Hospital’’ each utilizes expertise from experts and entities of Dartmouth College; and place it appears and inserting ‘‘Mike outside the Department with expertise in (iv) to the west by approximately 9 acres of O’Callaghan Federal Medical Center’’. combat casualty care medical research and real property acquired in fee through con- (b) CONFORMING AMENDMENT.—The heading development. demnation in 1981 by the Secretary. of such section 2867 is amended to read as (8) An assessment of the challenges faced (3) AMOUNT PAID FOR PROPERTY.—The Sec- follows: in rapidly applying research findings and retary shall pay not more than fair market ‘‘SEC. 2867. MIKE O’CALLAGHAN FEDERAL MED- technology developments to improved bat- value for any real property and associated ICAL CENTER.’’. tlefield care. real property interest acquired under this AMENDMENT NO. 1130 (9) Recommendations regarding— subsection. (A) the need for a coordinated combat cas- (Purpose: To clarify certain provisions of the (b) REVOLVING FUND.—The Secretary— ualty care medical research and development Clean Air Act relating to fire suppression (1) through the Plant Replacement and Im- strategy; agents) provement Program of the Secretary, may (B) organizational obstacles or realign- use amounts in the revolving fund estab- At the end of subtitle H of title X, add the ments to improve effectiveness of combat lished by section 101 of the Civil Functions following: casualty care medical research and develop- Appropriations Act, 1954 (33 U.S.C. 576) to ac- SEC. 1088. FIRE SUPPRESSION AGENTS. ment; and quire the real property and associated real Section 605(a) of the Clean Air Act (42 (C) adequacy of resource support. property interests described in subsection U.S.C. 7671d(a)) is amended— AMENDMENT NO. 1149, AS MODIFIED (a); and (1) in paragraph (2), by striking ‘‘or’’ at the (2) shall ensure that the revolving fund is end; At the end of subtitle C of title XXVIII, appropriately reimbursed from the benefit- (2) in paragraph (3), by striking the period add the following: ting appropriations. at the end and inserting ‘‘; or’’; and SEC. 2823. LAND CONVEYANCE AND EXCHANGE, (c) RIGHT OF FIRST REFUSAL.— (3) by adding at the end the following: JOINT BASE ELMENDORF RICHARD- (1) IN GENERAL.—The Secretary may pro- ‘‘(4) is listed as acceptable for use as a fire SON, ALASKA. vide the seller of any real property and asso- suppression agent for nonresidential applica- (a) CONVEYANCES AUTHORIZED.— ciated property interests identified in sub- tions in accordance with section 612(c).’’. (1) MUNICIPALITY OF ANCHORAGE.—The Sec- section (a) a right of first refusal— AMENDMENT NO. 1143 retary of the Air Force may, in consultation (A) a right of first refusal to acquire the (Purpose: To require the Comptroller Gen- with the Secretary of the Interior, convey to property, or any portion of the property, in eral to review medical research and devel- the Municipality of Anchorage (in this sec- the event the property or portion is no opment sponsored by the Department of tion referred to as the ‘‘Municipality’’) all longer needed by the Department of the Defense relating to improved combat cas- right, title, and interest of the United States Army; and ualty care and saving lives on the battle- in and to all or any part of a parcel of real (B) a right of first refusal to acquire any field) property, including any improvements there- real property or associated real property in- At the end of subtitle G of title X, add the on, consisting of approximately 220 acres at terests acquired by condemnation in Civil following: JBER situated to the west of and adjacent to Action No. 81-360-L, in the event the prop- the Anchorage Regional Landfill in Anchor- SEC. 1080. COMPTROLLER GENERAL REVIEW OF erty, or any portion of the property, is no MEDICAL RESEARCH AND DEVELOP- age, Alaska, for solid waste management longer needed by the Department of the MENT RELATING TO IMPROVED purposes, including reclamation thereof, and Army. COMBAT CASUALTY CARE. for alternative energy production, and other (2) NATURE OF RIGHT.—A right of first re- (a) STUDY REQUIRED.—The Comptroller related activities. This authority may not be fusal provided to a seller under this sub- General of the United States shall conduct a exercised unless and until the March 15, 1982, section shall not inure to the benefit of any review of Department of Defense programs North Anchorage Land Agreement is amend- successor or assign of the seller. and organizations related to, and resourcing ed by the parties thereto to specifically per- (d) CONSIDERATION; FAIR MARKET VALUE.— of, medical research and development in sup- mit the conveyance under this subparagraph. The purchase of any property by a seller ex- port of improved combat casualty care de- (2) EKLUTNA, INC.—The Secretary of the Air ercising a right of first refusal provided signed to save lives on the battlefield. Force may, in consultation with the Sec- under subsection (c) shall be for— (b) REPORT.—Not later than January 1, retary of the Interior, upon terms mutually (1) consideration acceptable to the Sec- 2013, the Comptroller General shall submit to agreeable to the Secretary of the Air Force retary; and the congressional defense committees a re- and Eklutna, Inc., an Alaska Native village (2) not less than fair market value at the port on the review conducted under sub- corporation organized pursuant to the Alas- time at which the property becomes avail- section (a), including the following elements: ka Native Claims Settlement Act (43 U.S.C. able for purchase. (1) A description of current medical com- 1601 et seq.) (in this section referred to as (e) DISPOSAL.—The Secretary may dispose bat casualty care research and development ‘‘Eklutna’’), convey to Eklutna all right, of any property or associated real property programs throughout the Department of De- title, and interest of the United States in interests that are subject to the exercise of fense, including basic and applied medical re- and to all or any part of a parcel of real the right of first refusal under this section. search, technology development, and clinical property, including any improvements there- (f) NO EFFECT ON COMPLIANCE WITH ENVI- research. on, consisting of approximately 130 acres sit- RONMENTAL LAWS.—Nothing in this section (2) An identification of organizational ele- uated on the northeast corner of the Glenn affects or limits the application of or obliga- ments within the Department that have re- Highway and Boniface Parkway in Anchor- tion to comply with any environmental law, sponsibility for planning and oversight of age, Alaska, or such other property as may including section 120(h) of the Comprehen- combat casualty care research and develop- be identified in consultation with the Sec- sive Environmental Response, Compensa- ment. retary of the Interior, for any use compatible

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with JBER’s current and reasonably foresee- SEC. 316. CONSIDERATION OF ENERGY SECURITY AMENDMENT NO. 1178, AS MODIFIED able mission as determined by the Secretary AND RELIABILITY IN DEVELOPMENT At the end of subtitle C of title VIII, add of the Air Force. AND IMPLEMENTATION OF ENERGY the following: PERFORMANCE GOALS. (3) RIGHT TO WITHHOLD TRANSFER.—The Section 2911(c) of title 10, United States SEC. 848. REPORT ON AUTHORITIES AVAILABLE Secretary may withhold transfer of any por- TO THE DEPARTMENT OF DEFENSE tion of the real property described in para- Code, is amended by adding at the end the FOR MULTIYEAR CONTRACTS FOR graphs (1) and (2) based on public interest or following new paragraph: THE PURCHASE OF ADVANCED military mission requirements. ‘‘(12) Opportunities to enhance energy se- BIOFUELS. curity and reliability of defense facilities Not later than 120 days after the date of (b) CONSIDERATION.— and missions, including through the ability the enactment of this Act, the Secretary of (1) MUNICIPALITY PROPERTY.—As consider- to operate for extended periods off-grid.’’. Defense shall submit to the congressional de- ation for the conveyance under subsection AMENDMENT NO. 1164 fense committees a report on the authorities (a)(1), the Secretary of the Air Force shall currently available to the Department of De- receive in-kind solid waste management (Purpose: To promote increased acquisition fense for multiyear contracts for the pur- services at the Anchorage Regional Landfill and procurement exchanges between offi- chase of advanced biofuels (as defined by sec- or such other consideration as determined cials in the Department of Defense and de- tion 211(o)(1)(B) of the Clean Air Act (42 satisfactory by the Secretary equal to at fense officials in India) U.S.C. 7545(o)(1)(B)). The report shall include least fair market value of the property con- At the end of subtitle H of title X, add the a description of such additional authorities, veyed. following: if any, as the Secretary considers appro- (2) EKLUTNA PROPERTY.—As consideration SEC. 1088. ACQUISITION AND PROCUREMENT EX- priate to authorize the Department to enter for the conveyance under subsection (a)(2), CHANGES BETWEEN THE UNITED into contracts for the purchase of advanced the Secretary of the Air Force is authorized STATES AND INDIA. biofuels of sufficient length to reduce the to receive, upon terms mutually agreeable to The Secretary of Defense should seek to es- impact to the Department of future price or the Secretary and Eklutna, such interests in tablish exchanges between acquisition and supply shocks in the petroleum market, to the surface estate of real property owned by procurement officials of the Department of benefit taxpayers, and to reduce United Eklutna and situated at the northeast Defense and defense officials of the Govern- States dependence on foreign oil. boundary of JBER and other consideration ment of India to increase mutual under- AMENDMENT NO. 1207 as considered satisfactory by the Secretary standing regarding best practices in defense (Purpose: To require Comptroller General of equal to at least fair market value of the acquisition. the United States reports on the major property conveyed. AMENDMENT NO. 1165 automated information system programs of the Deparment of Defense) (c) PAYMENT OF COSTS OF CONVEYANCE.— (Purpose: To express the sense of Congress (1) PAYMENT REQUIRED.—The Secretary of on the use of modeling and simulation in At the end of subtitle G of title X, add the the Air Force shall require the Municipality Department of Defense activities) following: and Eklutna to reimburse the Secretary to SEC. 1080. COMPTROLLER GENERAL OF THE At the end of subtitle A of title IX, add the UNITED STATES REPORTS ON THE cover costs (except costs for environmental following: remediation of the property) to be incurred MAJOR AUTOMATED INFORMATION SEC. 907. SENSE OF CONGRESS ON USE OF MOD- SYSTEM PROGRAMS OF THE DE- by the Secretary, or to reimburse the Sec- ELING AND SIMULATION IN DEPART- PARTMENT OF DEFENSE. retary for costs incurred by the Secretary, to MENT OF DEFENSE ACTIVITIES. (a) ASSESSMENT REPORTS REQUIRED.— carry out the conveyances under subsection It is the sense of Congress to encourage the (1) IN GENERAL.—Not later than March 30 of (a), including survey costs, costs for environ- Department of Defense to continue the use each year from 2013 through 2018, the Comp- mental documentation, and any other ad- and enhancement of modeling and simula- troller General of the United States shall ministrative costs related to the conveyance. tion (M&S) across the spectrum of defense submit to the appropriate committees of (2) TREATMENT OF AMOUNTS RECEIVED.— activities, including acquisition, analysis, Congress a report setting forth an assess- Amounts received as reimbursement under experimentation, intelligence, planning, ment of the performance of the major auto- paragraph (1) shall be credited to the fund or medical, test and evaluation, and training. mated information system programs of the account that was used to cover those costs AMENDMENT NO. 1166 Department of Defense. incurred by the Secretary in carrying out (2) ELEMENTS.—Each report under sub- (Purpose: To express the sense of Congress the conveyance. Amounts so credited shall section (a) shall include the following: on ties between the Joint Warfighting and be merged with amounts in such fund or ac- (A) An assessment by the Comptroller Gen- Coalition Center and the Allied Command count, and shall be available for the same eral of the cost, schedule, and performance of Transformation of NATO) purposes, and subject to the same conditions a representative variety of major automated and limitations, as amounts in such fund or At the end of subtitle A of title IX, add the information system programs selected by the account. following: Comptroller General for purposes of such re- (d) TREATMENT OF CASH CONSIDERATION RE- SEC. 907. SENSE OF CONGRESS ON TIES BE- port. CEIVED.—Any cash payment received by the TWEEN JOINT WARFIGHTING AND (B) An assessment by the Comptroller Gen- COALITION CENTER AND ALLIED United States as consideration for the con- eral of the level of risk associated with the COMMAND TRANSFORMATION OF programs selected under subparagraph (A) veyances under subsection (a) shall be depos- NATO. for purposes of such report, and a description ited in the special account in the Treasury It is the sense of Congress that the suc- of the actions taken by the Department to established under subsection (b) of section cessor organization to the United States manage or reduce such risk. 572 of title 40, United States Code, and shall Joint Forces Command (USJFCOM), the (C) An assessment by the Comptroller Gen- be available in accordance with paragraph Joint Warfighting and Coalition Center, eral of the extent to which the programs se- should establish close ties with the Allied (5)(B) of such subsection. lected under subparagraph (A) for purposes Command Transformation (ACT) command (e) DESCRIPTION OF PROPERTY.—The exact of such report employ best practices for the of the North Atlantic Treaty Organization acreage and legal description of the real acquisition of information technology sys- (NATO). property to be conveyed under subsection (a) tems, as identified by the Comptroller Gen- shall be determined by surveys satisfactory AMENDMENT NO. 1167, AS MODIFIED eral, the Defense Science Board, and the De- to the Secretary. At the end of subtitle A of title IX, add the partment. following: (b) PRELIMINARY REPORT.— (f) OTHER OR ADDITIONAL TERMS AND CONDI- SEC. 907. REPORT ON EFFECTS OF PLANNED RE- (1) IN GENERAL.—Not later than September TIONS.—The Secretary may require such ad- DUCTIONS OF PERSONNEL AT THE 30, 2012, the Comptroller General shall sub- ditional terms and conditions in connection JOINT WARFARE ANALYSIS CENTER mit to the appropriate committees of Con- with the conveyances under subsection (a) as ON PERSONNEL SKILLS. gress a report setting forth the following: the Secretary considers appropriate to pro- Not later than 120 days after the date of (A) The metrics to be used by the Comp- tect the interests of the United States. the enactment of this Act, the Secretary of troller General for the reports submitted Defense shall submit to the congressional de- under subsection (a). AMENDMENT NO. 1162 fense committees a report setting forth a de- (B) A preliminary assessment on the mat- (Purpose: To provide for the consideration of scription and assessment of the effects of ters set forth under subsection (a)(2). energy security and reliability in the de- planned reductions of personnel at the Joint (2) BRIEFINGS.—In developing metrics for velopment and implementation of energy Warfare Analysis Center (JWAC) on the per- purposes of the report required by paragraph performance goals) sonnel skills to be available at the Center (1)(A), the Comptroller General shall provide after the reductions. The report shall be in the appropriate committees of Congress with At the end of subtitle B of title III, add the unclassified form, but may contain a classi- periodic briefings on the development of following: fied annex. such metrics.

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(c) DEFINITIONS.—In this section: the congressional defense committees a re- (iv) A reduction in the investment for cap- (1) The term ‘‘appropriate committees of port on the findings of the study conducted ital infrastructure or equipment required to Congress’’ means— under subsection (a). support data centers as measured in cost per (A) the Committee on Armed Services, the AMENDMENT NO. 1237 megawatt of data storage. Committee on Homeland Security and Gov- (v) A reduction in the number of commer- (Purpose: To require a Department of De- ernmental Affairs, and the Committee on cial and government developed applications fense assessment of the industrial base for Appropriations of the Senate; and running on data servers and within data cen- night vision image intensification sensors) (B) the Committee on Armed Services, the ters. Committee on Oversight and Government At the end of subtitle E of title VIII, add (vi) A reduction in the number of govern- Reform, and the Committee on Appropria- the following: ment and vendor provided full-time equiva- tions of the House of Representatives. SEC. 889. DEPARTMENT OF DEFENSE ASSESS- lent personnel, and in the cost of labor, asso- (2) The term ‘‘major automated informa- MENT OF INDUSTRIAL BASE FOR ciated with the operation of data servers and tion system program’’ has the meaning given NIGHT VISION IMAGE INTENSIFICA- data centers. TION SENSORS. that term in section 2445a of title 10, United (B) SPECIFICATION OF REQUIRED ELEMENTS.— (a) ASSESSMENT REQUIRED.—The Under States Code. The Chief Information Officer of the Depart- Secretary of Defense for Acquisition, Tech- AMENDMENT NO. 1227 ment shall specify the particular perform- nology, and Logistics shall undertake an as- ance standards and measures and implemen- (Purpose: To require a Comptroller General sessment of the current and long-term avail- tation elements to be included in the plans report on redundancies, inefficiencies, and ability within the United States and inter- submitted under this paragraph, including gaps in DOD 6.1–6.3 Science and Tech- national industrial base of critical equip- specific goals and schedules for achieving the nology (S&T) programs) ment, components, subcomponents, and ma- matters specified in subparagraph (A). At the end of subtitle G of title X, add the terials (including, but not limited to, lenses, (2) DEFENSE-WIDE PLAN.— following: tubes, and electronics) needed to support (A) IN GENERAL.—Not later than April 1, SEC. 1080. COMPTROLLER GENERAL REPORT ON current and future United States military 2012, the Chief Information Officer of the De- DEPARTMENT OF DEFENSE SCIENCE requirements for night vision image inten- partment shall submit to the congressional AND TECHNOLOGY PROGRAMS. sification sensors. In carrying out the assess- defense committees a performance plan for a (a) STUDY.—The Comptroller General of ment, the Secretary shall— reduction in the resources required for data the United States shall conduct a study on (1) identify items in connection with night centers and information systems tech- unnecessary redundancies, inefficiencies, and vision image intensification sensors that the gaps in Department of Defense 6.1-6.3 Science nologies Department-wide. The plan shall be Secretary determines are critical to military based upon and incorporate appropriate ele- and Technology (S&T) programs. The study readiness, including key components, sub- shall— ments of the plans submitted under para- components, and materials; graph (1). (1) focus on S&T programs within the (2) describe and perform a risk assessment Army, Navy, and Air Force, as well as pro- (B) ELEMENTS.—The performance plan re- of the supply chain for items identified under quired under this paragraph shall include the grams run by the Office of the Secretary of paragraph (1) and evaluate the extent to Defense; following: which— (i) A Department-wide performance plan (2) describe options for consolidation and (A) the supply chain for such items could cost-savings, if any; for achieving the matters specified in para- be disrupted by a loss of industrial capability graph (1)(A), including performance stand- (3) assess how the military departments in the United States; and and the Office of the Secretary of Defense ards and measures for data centers and infor- (B) the industrial base obtains such items mation systems technologies, goals and are aligning their programs with the seven from foreign sources; and S&T strategic investment priorities identi- schedules for achieving such matters, and an (3) describe and assess current and future estimate of cost savings anticipated through fied by the Assistant Secretary of Defense investment, gaps, and vulnerabilities in the for Research and Engineering: Data to Deci- implementation of the plan. ability of the Department to respond to the (ii) A Department-wide strategy for each of sions, Engineered Resilient Systems, Cyber potential loss of domestic or international Science and Technology, Electronic Warfare/ the following: sources that provide items identified under (I) Desktop, laptop, and mobile device Electronic Protection, Counter Weapons of paragraph (1); and Mass Destruction, Autonomy, and Human virtualization. (4) identify and assess current strategies to (II) Transitioning to cloud computing. Systems; and leverage innovative night vision image in- (4) assess how the military departments (III) Migration of Defense data and govern- tensification technologies being pursued in ment-provided services from Department- and the Office of the Secretary of Defense both Department of Defense laboratories and are coordinating efforts with respect to du- owned and operated data centers to cloud the private sector for the next generation of computing services generally available with- plicative programs, if any. night vision capabilities, including an as- (b) REPORT.—Not later than January 1, in the private sector that provide a better sessment of the competitiveness and techno- 2013, the Comptroller General shall submit to capability at a lower cost with the same or logical advantages of the United States the congressional defense committees a re- greater degree of security. port on the findings of the study conducted night vision image intensification industrial (IV) Utilization of private sector-managed under subsection (a). base. security services for data centers and cloud (b) REPORT.—Not later than 180 days after AMENDMENT NO. 1228 computing services. the date of the enactment of this Act, the (V) A finite set of metrics to accurately (Purpose: To require a Comptroller General Secretary of Defense shall submit to Con- and transparently report on data center in- report on Science, Technology, Engineer- gress a report containing the results of the frastructure (space, power and cooling): age, ing, and Math (STEM) initiatives) assessment required under subsection (a). cost, capacity, usage, energy efficiency and At the end of subtitle G of title X, add the AMENDMENT NO. 1240 utilization, accompanied with the aggregate following: (Purpose: To provide for installation energy data for each data center site in use by the SEC. 1080. COMPTROLLER GENERAL REPORT ON metering requirements) Department in excess of 100 kilowatts of in- SCIENCE, TECHNOLOGY, ENGINEER- formation technology power demand. ING, AND MATH (STEM) INITIATIVES. At the end of subtitle B of title III, add the (VI) Transitioning to just-in-time delivery (a) STUDY.—The Comptroller General of following: the United States shall conduct a study as- of Department-owned data center infrastruc- SEC. 316. INSTALLATION ENERGY METERING RE- ture (space, power and cooling) through use sessing Science, Technology, Engineering, QUIREMENTS. of modular data center technology and inte- and Math (STEM) initiatives of the Depart- The Secretary of Defense shall, to the max- grated data center infrastructure manage- ment of Defense. The study shall— imum extent practicable, require that the in- ment software. (1) determine which programs are ineffec- formation generated by the installation en- tive, and which are unnecessarily redundant ergy meters be captured and tracked to de- AMENDMENT NO. 1266 within the Department of Defense; termine baseline energy consumption and fa- (Purpose: To establish a training policy for (2) describe options for consolidation and cilitate efforts to reduce energy consump- Department of Defense energy managers) elimination of programs identified under tion. At the end of subtitle B of title III, add the paragraph (1); and AMENDMENT NO. 1245 following: (3) describe options for how the Depart- SEC. 316. TRAINING POLICY FOR DEPARTMENT ment and other Federal departments and (Purpose: To provide for increased efficiency OF DEFENSE ENERGY MANAGERS. agencies can work together on similar initia- and a reduction of Federal spending re- (a) ESTABLISHMENT OF TRAINING POLICY.— tives without unnecessary duplication of quired for data servers and centers) The Secretary of Defense shall establish a funding. Beginning on page 573, strike line 10 and training policy for Department of Defense (b) REPORT.—Not later than January 1, all that follows through page 575, line 16, and energy managers designated for military in- 2013, the Comptroller General shall submit to insert the following: stallations in order to—

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(1) improve the knowledge, skills, and operated by the Department of Veterans Af- AMENDMENT NO. 1301 abilities of energy managers by ensuring un- fairs and the Department of Labor. (Purpose: To authorize the award of the Dis- derstanding of existing energy laws, regula- (4) The recommendation of the Secretary tinguished Service Cross for Captain tions, mandates, contracting options, local as to the feasibility and advisability of ex- Fredrick L. Spaulding for acts of valor dur- renewable portfolio standards, current re- panding the pilot program to additional ing the Vietnam War) newable energy technology options, energy military occupational specialties or duty At the end of subtitle I of title V, add the auditing, and options to reduce energy con- specialty codes, and, if such expansion is following: sumption; considered feasible and advisable, a list of SEC. 586. AUTHORIZATION FOR AWARD OF THE (2) improve consistency among energy the military occupational specialties and DISTINGUISHED SERVICE CROSS managers throughout the Department in the duty specialty codes recommended for inclu- FOR CAPTAIN FREDRICK L. performance of their responsibilities; sion the expansion. SPAULDING FOR ACTS OF VALOR (3) create opportunities and forums for en- DURING THE VIETNAM WAR. AMENDMENT NO. 1280 ergy managers to exchange ideas and lessons (a) AUTHORIZATION.—Notwithstanding the learned within each military department, as (Purpose: To require the Secretary of De- time limitations specified in section 3744 of well as across the Department of Defense; fense to submit, with the budget justifica- title 10, United States Code, or any other and tion materials supporting the Department time limitation with respect to the awarding (4) collaborate with the Department of En- of Defense budget request for fiscal year of certain medals to persons who served in ergy regarding energy manager training. 2013, information on the implementation of the United States Armed Forces, the Sec- (b) ISSUANCE OF POLICY.—Not later than 180 recommendations made by the Govern- retary of the Army is authorized to award days after the date of the enactment of this ment Accountability Office with respect to the Distinguished Service Cross under sec- Act, the Secretary of Defense shall issue the the acquisition of launch services through tion 3742 of such title to Captain Fredrick L. training policy for Department of Defense the Evolved Expendable Launch Vehicle Spaulding for acts of valor during the Viet- energy managers. program) nam War described in subsection (b). (c) BRIEFING REQUIREMENT.—Not later than (b) ACTS OF VALOR DESCRIBED.—The acts of 180 days after the date of the enactment of At the end of subtitle E of title VIII, add valor referred to in subsection (a) are the ac- this Act, the Secretary of Defense, or des- the following: tions of Fredrick L. Spaulding, on July 23, ignated representatives of the Secretary, SEC. 889. IMPLEMENTATION OF ACQUISITION 1970, as a member of the United States Army shall brief the Committees on Armed Serv- STRATEGY FOR EVOLVED EXPEND- serving in the grade of Captain in the Repub- ices of the Senate and House of Representa- ABLE LAUNCH VEHICLE. lic of Vietnam while assigned with Head- tives regarding the details of the energy (a) IN GENERAL.—The Secretary of Defense quarters and Headquarters Company, 3d Bri- manager policy. shall submit, with the budget justification gade, 101st Airborne Division. AMENDMENT NO. 1276 materials submitted to Congress in support AMENDMENT NO. 1303 (Purpose: To require a pilot program on the of the budget of the Department of Defense (Purpose: To authorize the exchange with receipt by members of the Armed Forces of for fiscal year 2013 (as submitted with the the United Kingdom of certain F–35 Light- civilian credentialing for skills required of budget of the President under section 1105(a) ning II Joint Strike Fighter aircraft) military occupational specialties) of title 31, United States Code), the following At the end of subtitle D of title I, add the At the end of subtitle D of title V, add the information: following: (1) A description of how the strategy of the following: SEC. 158. AUTHORITY FOR EXCHANGE WITH Department to acquire space launch capa- SEC. 547. PILOT PROGRAM ON RECEIPT OF CIVIL- UNITED KINGDOM OF SPECIFIED F– IAN CREDENTIALING FOR SKILLS bility under the Evolved Expendable Launch 35 LIGHTNING II JOINT STRIKE REQUIRED FOR MILITARY OCCUPA- Vehicle program implements each of the rec- FIGHTER AIRCRAFT. TIONAL SPECIALTIES. ommendations included in the Report of the (a) AUTHORITY.— (a) PILOT PROGRAM REQUIRED.—Com- Government Accountability Office on the (1) EXCHANGE AUTHORITY.—In accordance mencing not later than nine months after Evolved Expendable Launch Vehicle, dated with subsection (c), the Secretary of Defense the date of the enactment of this Act, the September 15, 2011 (GAO–11–641). may transfer to the United Kingdom of Secretary of Defense shall carry out a pilot (2) With respect to any such recommenda- Great Britain and Northern Ireland (in this program to assess the feasibility and advis- tion that the Department does not imple- section referred to as the ‘‘United Kingdom’’) ability of permitting enlisted members of ment, an explanation of how the Department all right, title, and interest of the United the Armed Forces to obtain civilian is otherwise addressing the deficiencies iden- States in and to an aircraft described in credentialing or licensing for skills required tified in that report. paragraph (2) in exchange for the transfer by for military occupational specialties (MOS) (b) ASSESSMENT BY COMPTROLLER GENERAL the United Kingdom to the United States of or qualification for duty specialty codes. OF THE UNITED STATES.—Not later than 60 all right, title, and interest of the United (b) ELEMENTS.—In carrying out the pilot days after the submission of the information Kingdom in and to an aircraft described in program, the Secretary shall— required by subsection (a), the Comptroller paragraph (3). The Secretary may execute (1) designate not less than three or more General of the United States shall submit to the exchange under this section on behalf of than five military occupational specialities the congressional defense committees an as- the United States only with the concurrence or duty speciality codes for coverage under sessment of that information and any addi- of the Secretary of State. the pilot program; and tional findings or recommendations the (2) AIRCRAFT TO BE EXCHANGED BY UNITED (2) permit enlisted members of the Armed Comptroller General considers appropriate. STATES.—The aircraft authorized to be trans- Forces to obtain the credentials or licenses ferred by the United States under this sub- required for the specialities or codes so des- AMENDMENT NO. 1298 section is an F–35 Lightning II aircraft in the ignated through civilian credentialing or li- (Purpose: To extend the time limit for sub- Carrier Variant configuration acquired by censing entities, institutions, or bodies se- mittal of claims under TRICARE for care the United States for the Marine Corps under lected by the Secretary for purposes of the provided outside the United States) a future Joint Strike Fighter program con- pilot program, whether concurrently with tract referred to as the Low-Rate Initial Pro- military training, at the completion of mili- At the end of subtitle A of title VII, add duction 6 contract. tary training, or both. the following: (3) AIRCRAFT TO BE EXCHANGED BY UNITED (c) REPORT.—Not later than one year after SEC. 705. EXTENSION OF TIME LIMIT FOR SUB- KINGDOM.—The aircraft for which the ex- commencement of the pilot program, the MITTAL OF CLAIMS UNDER THE change under paragraph (1) may be made is Secretary shall submit to Congress a report TRICARE PROGRAM FOR CARE PRO- an F–35 Lightning II aircraft in the Short- on the pilot program. The report shall set VIDED OUTSIDE THE UNITED Take Off and Vertical Landing configuration forth the following: STATES. that, as of November 19, 2010, is being ac- (1) The number of enlisted members who Section 1106(b) of title 10, United States quired on behalf of the United Kingdom participated in the pilot program. Code, is amended by striking ‘‘not later under an existing Joint Strike Fighter pro- (2) A description of the costs incurred by than’’ and all that follows and inserting the gram contract referred to as the Low-Rate the Department of Defense in connection following: ‘‘as follows: Initial Production 4 contract. with the receipt by members of credentialing ‘‘(1) In the case of services provided out- (b) FUNDING FOR PRODUCTION OF AIR- or licensing under the pilot program. side the United States, the Commonwealth CRAFT.— (3) A comparison the cost associated with of Puerto Rico, or the possessions of the (1) FUNDING SOURCES FOR AIRCRAFT TO BE receipt by members of credentialing or li- United States, by not later than three years EXCHANGED BY UNITED STATES.— censing under the pilot program with the after the services are provided. (A) IN GENERAL.—Except as provided in cost of receipt of similar credentialing or li- ‘‘(2) In the case of any other services, by subparagraph (B), funds for production of the censing by recently-discharged veterans of not later than one year after the services are aircraft to be transferred by the United the Armed Forces under programs currently provided.’’. States (including the propulsion system,

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long lead-time materials, the production AMENDMENT NO. 1315 the Secretary of Defense shall submit to the build, and deficiency corrections) may be de- (Purpose: To require the Secretary of De- congressional defense committees a report rived from appropriations for Aircraft Pro- fense to submit to Congress a long-term on the analytic capabilities of the Depart- curement, Navy, for the aircraft under the plan for maintaining a minimal capacity ment of Defense regarding threats from for- contract referred to in subsection (a)(2). to produce intercontinental ballistic mis- eign ballistic missiles of all ranges. (B) EXCEPTION.—Costs for flight test in- sile solid rocket motors) (b) ELEMENTS.—The report required by sub- strumentation of the aircraft to be trans- At the end of subtitle H of title X, add the section (a) shall include the following: ferred by the United States and any other following: (1) A description of the current capabilities non-recurring and recurring costs for that SEC. 1088. LONG-TERM PLAN FOR MAINTENANCE of the Department of Defense to analyze aircraft associated with unique requirements OF INTERCONTINENTAL BALLISTIC threats from foreign ballistic missiles of all of the United Kingdom may not be borne by MISSILE SOLID ROCKET MOTOR ranges, including the degree of coordination PRODUCTION CAPACITY. the United States. among the relevant analytic elements of the The Secretary of Defense shall submit, (2) FUNDING SOURCES FOR AIRCRAFT TO BE Department. with the budget justification materials sub- EXCHANGED BY UNITED KINGDOM.—Costs for (2) A description of any current or foresee- mitted to Congress in support of the budget upgrades and modifications of the aircraft to able gaps in the analytic capabilities of the be transferred to the United States that are of the Department of Defense for fiscal year 2013 (as submitted with the budget of the Department regarding threats from foreign necessary to bring that aircraft to the Low- ballistic missiles of all ranges. Rate Initial Production 6 configuration President under section 1105(a) of title 31, United States Code), a long-term plan for (3) A plan to address any gaps identified under the contract referred to in subsection pursuant to paragraph (2) during the 5-year (a)(2) may not be borne by the United States. maintaining a minimal capacity to produce intercontinental ballistic missile solid rock- period beginning on the date of the report. (c) IMPLEMENTATION.—The exchange under et motors. (c) FORM.—The report required by sub- this section shall be implemented pursuant AMENDMENT NO. 1317 section (a) shall be submitted in unclassified to the memorandum of understanding titled (Purpose: To require a report on the analytic form, but may include a classified annex. ‘‘Joint Strike Fighter Production, capabilities of the Department of Defense AMENDMENT NO. 1324 Sustainment, and Follow-on Development regarding foreign ballistic missile threats) Memorandum of Understanding’’, which en- At the end of subtitle G of title X, add the (Purpose: To extend the authorization for a tered into effect among nine nations includ- following: military construction project for the Air ing the United States and the United King- SEC. 1080. REPORT ON DEFENSE DEPARTMENT National Guard to relocate a munitions dom on December 31, 2006, consistent with ANALYTIC CAPABILITIES REGARD- storage complex at Gulfport-Biloxi Inter- section 27 of the Arms Export Control Act (22 ING FOREIGN BALLISTIC MISSILE national Airport, Mississippi) U.S.C. 2767), and as supplemented as nec- THREATS. essary by the United States and the United (a) REPORT REQUIRED.—Not later than 180 On page 554, insert after the table relating Kingdom. days after the date of enactment of this Act, to Air National Guard the following: Air National Guard: Extension of 2009 Project Authorization

Installation or State Location Project Amount

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

AMENDMENT NO. 1326 Concept requirements and the current force (9) Such other matters relating to the de- (Purpose: To require exploration of opportu- structure and capabilities of the Department velopment and implementation of the Air nities to increase foreign military training of Defense. Sea Battle Concept as the Secretary con- with allies at test and training ranges in (3) The plan and assessment of the Depart- siders appropriate. the continental United States) ment on the risks to implementation of the (c) FORM.—The report required by sub- In section 331(b)(2), strike subparagraphs approved concept within the current force section (a) shall be submitted in both unclas- (K) and (L) and insert the following: structure and capabilities. sified and classified form. (K) identify parcels with no value to future (4) A description and assessment of how military operations; current research, development, and acquisi- Mr. LEVIN. I thank Senator MCCAIN (L) propose a list of prioritized projects, tion priorities in the program of record meet and our staffs. We are going to con- easements, acquisitions, or other actions, in- or fail to meet current and future require- tinue to work to clear additional cluding estimated costs required to upgrade ments for implementation of the Air Sea amendments following the cloture the test and training range infrastructure, Battle Concept. vote. We are now voting on cloture. We taking into consideration the criteria set (5) An identification, in order of priority, all as leaders and managers, of course, forth in this paragraph; and of the five most critical force structure or (M) explore opportunities to increase for- capabilities requiring increased or sustained hope that this will pass. eign military training with United States al- investment for the implementation of the The ACTING PRESIDENT pro tem- lies at test and training ranges in the conti- Air Sea Battle Concept. pore. The Senator from Arizona. nental United States. (6) An identification, in order of priority, AMENDMENT NO. 1332 of how the Department will offset the in- Mr. MCCAIN. Madam President, I (Purpose: To require a report on the approval creased costs for force structure and capa- thank my colleagues for allowing this and implementation of the Air Sea Battle bilities required by implementation of the package of these amendments to go Concept) Air Sea Battle Concept, including an expla- through. We will be working on addi- At the end of subtitle G of title X, add the nation of what force structure, capabilities, tional amendments that we can agree following: and programs will be reduced and how poten- to. SEC. 1080. REPORT ON APPROVAL AND IMPLE- tially increased risks based on those reduc- MENTATION OF AIR SEA BATTLE tions will be managed relative to other stra- We are about to vote on cloture, and CONCEPT. tegic requirements. if cloture is invoked, I want to inform (a) REPORT REQUIRED.—Not later than 180 (7) A description and assessment of the es- my colleagues, those amendments that days after the date of the enactment of this timated incremental increases in costs and Act, the Secretary of Defense shall submit to are pending and filed will be eligible Congress a report on the approved Air Sea savings from implementing the Air Sea Bat- for votes, and we will be using the Battle Concept, as required by the 2010 Quad- tle Concept, including the most significant chronology of when they were filed. We rennial Defense Review Report, and a plan reasons for those increased costs and sav- will be notifying every Member who for the implementation of the concept. ings. has an amendment that is filed and (8) A description and assessment of the (b) ELEMENTS.—The report required by sub- pending and germane. We will try to section (a) shall include, at a minimum, the contributions required from allies and other following: international partners, including the identi- arrange time agreements for those who (1) The approved Air Sea Battle Concept. fication and plans for management of related want votes. We will be looking to also (2) An identification and assessment of risks, in order to implement the Air Sea Bat- see areas where we could agree and risks related to gaps between Air Sea Battle tle Concept. adopt an additional package. It is my

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18356 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 understanding that if cloture is in- [Rollcall Vote No. 212 Leg.] Department of Defense, and implemen- voked, we will have 30 hours, and dur- YEAS—88 tation of the New START treaty. The ing that period we wish to get these Akaka Graham Moran subcommittee’s provisions were adopt- amendments resolved. Alexander Hagan Murkowski ed in a bipartisan manner. I again want Ayotte Harkin Murray to thank Senator SESSIONS, our rank- I remind my colleagues that if the 30 Barrasso Hatch Nelson (NE) ing member, and his staff and the pro- hours expires and there are still pend- Baucus Heller Nelson (FL) ing germane filed amendments, there Begich Hoeven Portman fessional staff on the Armed Services will have to be additional votes taken Bennet Hutchison Pryor Committee for the close work we have Bingaman Inhofe Reed at some time after the 30 hours. So I Blumenthal Inouye enjoyed with them working on the Reid would urge my colleagues who have Blunt Isakson hearings and preparing this bill. Roberts Boozman Johanns Our committee oversees the nuclear filed, pending, germane amendments Rockefeller Boxer Johnson (SD) strategic forces. As many know, the that we sit down during the cloture Brown (MA) Johnson (WI) Sanders vote or just afterward and try and ar- Brown (OH) Kerry Schumer U.S. Strategic Command—in my home range a schedule of votes that is most Cantwell Kirk Sessions State of Nebraska—is charged with our convenient for them in keeping with Cardin Klobuchar Shaheen Nation’s nuclear deterrence. Carper Kohl Shelby It is important to note that this bill their schedule. Casey Kyl Snowe Again, I thank my colleagues for al- Chambliss Landrieu Stabenow strengthens and improves our Nation’s lowing that package to go through. Coats Lautenberg Tester nuclear command and control and all Cochran Leahy Those are very important amendments Thune the missions that fall under Collins Levin Toomey USSTRATCOM by providing the full which have been agreed to by both Conrad Lieberman Udall (CO) sides. I realize we have a long way to Coons Lugar Udall (NM) authorization of the new command and go, but this is a significant step for- Corker Manchin Vitter control complex. Reliable and assured Durbin McCain Warner command, control, and communication ward. Enzi McCaskill Webb Feinstein McConnell from the President to the nuclear I yield the floor. Whitehouse Franken Menendez forces is fundamental to our strategic The PRESIDING OFFICER. The Sen- Wicker Gillibrand Mikulski deterrent, and the new command and ator from Michigan. NAYS—12 control complex at Offutt Air Force Mr. LEVIN. Madam President, the Base in Nebraska will provide this mis- only additional suggestion I would Burr DeMint Paul Coburn Grassley Risch sion surety. have is that Members who come here Cornyn Lee Rubio In the area of missile defense, we who have amendments that are both Crapo Merkley Wyden have funded the program at $10.1 bil- pending and germane, assuming we get The ACTING PRESIDENT pro tem- lion, including the full $1.2 billion re- cloture, if they could check with us, ei- pore. On this vote, the yeas are 88, the quested for the Ground-Based Mid- ther side here, to see where they are on nays are 12. Three-fifths of the Sen- course Defense System. We have also the chronology, they will get a feel as ators duly chosen and sworn having included a provision that would set to where they are, because we are voted in the affirmative, the motion is forth the sense of this Congress that it going to attempt to move down the agreed to. is essential for the Ground-Based Mid- chronology as amendments were made The Senator from Nebraska. course Defense System to achieve the pending. Mr. NELSON of Nebraska. Madam levels of reliability, availability, sus- CLOTURE MOTION President, I want to begin my com- tainability, and operational perform- The ACTING PRESIDENT pro tem- ments today on this year’s National ance necessary to ensure that the pore. The cloture motion having been Defense Authorization Act by thanking United States remains protected. presented under rule XXII, the Chair all the members of the Strategic The bill also supports the develop- directs the clerk to read the motion. Forces Subcommittee. I would espe- ment and deployment of the European The legislative clerk read as follows: cially like to thank the subcommit- Phased Adaptive Approach, EPAA, to tee’s ranking member, Senator SES- missile defense. This is the U.S. Missile CLOTURE MOTION SIONS, for the close working relation- Defense Program to defend our mili- We, the undersigned Senators, in accord- ship we have shared. It is always a tary forces and NATO allies in Europe ance with the provisions of rule XXII of the pleasure to work with my friend from Standing Rules of the Senate, hereby move from Iranian missile threats. The De- to bring to a close debate on S. 1867, the Na- Alabama. fense Department has nearly completed tional Defense Authorization Act for Fiscal The annual National Defense Author- phase 1 of the EPAA with an Aegis Bal- Year 2012. ization Act is one of the most impor- listic Missile Defense, BMD, ship now Harry Reid, Carl Levin, Kent Conrad, tant pieces of legislation Congress patrolling the Mediterranean and a Richard Blumenthal, Claire McCaskill, passes every year, and this year marks missile defense radar now located in Kay R. Hagan, Joe Manchin III, Kirsten what I hope will be the passing of the Turkey. The United States also suc- E. Gillibrand, Mary L. Landrieu, Ben Defense Authorization Act for the 50th cessfully negotiated the agreements Nelson, Joseph I. Lieberman, Bill Nel- year in a row. I would like to give my son, Jim Webb, Jack Reed, Christopher with Poland and Romania to deploy A. Coons, Mark Begich, Jeanne Sha- colleagues a brief overview of the pro- land-based Aegis BMD Systems in their heen. visions in the National Defense Au- countries in future phases of the thorization Act we are considering The ACTING PRESIDENT pro tem- EPAA. today as they relate to the Strategic The committee also made a few fund- pore. By unanimous consent, the man- Forces Subcommittee. ing adjustments in the new bill to re- datory quorum call is waived. The jurisdiction of the subcommittee flect the fact-of-life changes since the The question is, is it the sense of the includes missile defense, strategic Armed Services Committee’s markup Senate that debate on S. 1867, the Na- forces, space programs, intelligence of its earlier bill, S. 1253. tional Defense Authorization Act for programs, cybersecurity, the defense- For example, the recent flight test fiscal year 2012 shall be brought to a funded portions of the Department of failure of the Aegis Ballistic Missile close. Energy, and the Defense Nuclear Fa- Defense System, with the Standard The yeas and nays are mandatory cilities Safety Board. Missile-3 Block IB interceptor, means under the rule. In preparing the provisions in the bill the program will have a substantial The clerk will call the roll. that relate to areas of our jurisdiction, delay before it can begin procurement. The assistant legislative clerk called the subcommittee held six hearings on The program will also need additional the roll. defense programs at the Department of research and development funds to fix The yeas and nays resulted—yeas 88, Energy, strategic nuclear forces, mis- the flight test problems. So the bill ad- nays 12, as follows: sile defense, and space programs at the justs the funding to permit such fixes.

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18357 In addition, the Terminal High Alti- tegic deterrent well into the 21st cen- Palm Beach, goes off the coast a few tude Area Defense, or THAAD, System tury. miles, hugs the coast all the way up to has experienced slower production than We understand the budget climate the middle of the peninsula at Fort expected and will not be able to use all that we are in, and it is likely that re- Pierce, FL, and then parallels the east- the funds planned and requested in the alistic adjustments must be made as a ern seaboard all the way up past Geor- budget. Consequently, the bill adjusts result of the mandated reductions to gia, South Carolina, North Carolina, the funding accordingly. defense spending in the Budget Control and then leaves, paralleling the eastern In mid-2009, Secretary Gates directed Act. But we will work with the Depart- seaboard at Cape Hatteras, and goes off U.S. Strategic Command to stand up ment of Defense and U.S. Strategic across the Atlantic and ends up in the U.S. Cyber Command as a subunified Command to ensure that pressing pri- northern part of Europe. Now, if there command. The command reached full orities are met and our strategic deter- were a major spill—it doesn’t have to operational capability a year ago. rence are not undercut. be to the magnitude of the Deepwater Since that time, the Chairman of the Let me again thank my colleague, Horizon spill off of Louisiana. If there Joint Chiefs of Staff characterized Senator SESSIONS, and our staff for the were a major spill and all that oil is cyber warfare as one of the two ‘‘exis- productive and bipartisan relationship carried in the Gulf Stream and it tential threats’’ to America, and a we have had on this subcommittee and comes into the coast at Miami, Fort former Director of National Intel- also all members of the subcommittee. Lauderdale, and Palm Beach—you ligence publicly proclaimed his belief I look forward to working with our col- know what happened to the tourism in- that adversaries could take down the leagues to pass this important legisla- dustry all along the gulf coast when, in Nation’s power grid or devastate the tion. fact, on some of those coasts there was country’s financial system. Very dam- Madam President, I yield the floor. not much oil at all, but people didn’t aging intrusions into government, Mr. MCCAIN. Madam President, I come as tourists because they thought military, and industrial networks are suggest the absence of a quorum. the beaches were covered. almost a daily occurrence, resulting in The ACTING PRESIDENT pro tem- Can you imagine the economic ca- the loss of precious and expensive ad- pore. The clerk will call the roll. lamity that would occur as a result of vanced technology—the technology The legislative clerk proceeded to a spill? Therefore, my colleague, that fuels economic growth and sus- call the roll. MARCO RUBIO, and I and other Sen- tains our security. Mr. NELSON of Florida. Madam ators—in particular, Senator MENEN- Over the last 2 years, the Strategic President, I ask unanimous consent DEZ of New Jersey—have filed legisla- Forces Subcommittee has supported that the order for the quorum call be tion that will require financial respon- legislation to accelerate the arduous rescinded. sibility from a foreign source. If they process of developing policies and doc- The ACTING PRESIDENT pro tem- spill in foreign waters, there would be trine to guide our responses to cyber pore. Without objection, it is so or- a cause of action against them if dam- attacks and to govern the use of cyber dered. age is done to the interest of the weapons by our own military forces. CUBAN OIL DRILLING United States, be it the governments of The subcommittee has also sponsored Mr. NELSON of Florida. I want to the United States, be it private individ- legislation to begin to close the gap in speak while we are in this pause on the uals, or be it private companies. cyber defenses by developing new tech- Defense bill about a looming problem If we do not have a cause of action nological approaches in partnership that the entire eastern seaboard of the where there is liability as a result of a with America’s cutting-edge informa- United States has; that is, the Spanish spill, by whomever, in foreign waters, tion technology sector. drilling company Repsol is bringing a and if it comes in the scenario that I Moving on to space programs, the bill rig in that has been constructed over in have laid out, which is real spilling oil would provide the Air Force the au- Asia, and sometime early next year off the north coast of Cuba in a major thority to purchase in a block buy, they are going to drill in deep water off oil disaster that is carried by the Gulf using a fixed price contract, the next the north coast of Cuba. Stream up the eastern seaboard of the two Advanced Extremely High Fre- The Spanish drilling company is a United States—if we do not have finan- quency satellites—an important part of very competent company. As a matter cial responsibility, then there is no in- the nuclear command and control sys- of fact, they adhere to safety standards centive for those foreign oil companies tem. This will result in a 20-percent that are required by the United States drilling to adhere to safety standards savings. because they drill in the Gulf of Mexico and, if there is a spill, to quickly ad- We have authorized the President’s in American waters. So if there is a re- here to a spill cleanup plan. level of funding for the nuclear mod- sponsible party in drilling, then we Talking about the economic disaster ernization program at the DOE’s Na- have one. However, there are other that occurred as a result of the gulf oil- tional Nuclear Security Administra- leases the Cuban Government is grant- spill in the Deepwater Horizon, it tion, but we are fully aware that the ing to other countries for drilling that would pale in comparison to the eco- Budget Control Act that was passed may not adhere to the safe standards nomic disaster that would occur in last summer has reduced the levels that are set that Repsol will agree to such a spill that would be carried by that can be appropriated by some $400 abide by, the same safety standards the Gulf Stream. It would not only af- million. I would note that even with that they use drilling in American fect Florida, it would affect Georgia, this reduction, it is still a 5-percent in- waters and have agreed in principle South Carolina, and North Carolina. If crease over last year’s levels. I will be that they will follow a plan of action there were any eddy current that working with my colleagues to care- with the U.S. Secretary of the Interior would carry it back in, it would take it fully evaluate the President’s request in the case that there should be a spill. right on into the Chesapeake on up for fiscal year 2013 in light of the com- All of that is well and good, but there into Cape May in New Jersey, and you mitments both the Congress and the are other companies coming down the see the particular consequences. administration made under the New line drilling in other leases that may As a matter of fact, the gulf stream START treaty for modern not adhere to their standards. goes by Bermuda. It could have dev- nuclearization. If there were a spill off the north astating effects on that country. This Congress made commitments for coast of Cuba, guess who is going to be I hope our Senators, coming to this modernization, and moving forward we affected because that is where the Gulf new reality, will realize that we have must honor those commitments. Most Stream comes along, and then flows to remember the terrible consequences importantly, we need to continue to northeast, parallels the Florida Keys as a result of a major oil spill. Remem- ensure that our stockpile is safe, reli- and all those delicate coral reefs, ber, this was a company off of Lou- able, and works as intended by the comes in and hugs the east coast of isiana that was not adhering to the military so that we maintain our stra- Florida from Miami all the way to highest safety standards, and look at

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18358 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 the disaster that occurred from that. with have. Currently, our Guard and Mr. BARRASSO. Mr. President, I ask Remember how they tried to hide the National Reserve members are left unanimous consent that the order for amount of oil that was being spilled be- largely on their own to find and obtain the quorum call be rescinded. cause it was 5,000 feet below the surface services that they need to recover from The PRESIDING OFFICER. Without of the water? It was not until we got combat, rejoin their families, and ad- objection, it is so ordered. the streaming video that the scientists just back to normal civilian life. This Mr. BARRASSO. Mr. President, I ask could calculate that it wasn’t 1,000 bar- needs to change. unanimous consent to speak for up to rels a day it was dumping into the gulf, I am offering amendment No. 1211, 10 minutes as in morning business. it was 50,000 barrels a day. As a result, together with my colleague, Senator The PRESIDING OFFICER. Without before they got that well capped, it BLUNT of Missouri, to give our National objection, it is so ordered. ended up being almost 5 million barrels Guard and Reserve members the serv- A SECOND OPINION of oil in the Gulf of Mexico. ices they not only deserve but des- Mr. BARRASSO. Mr. President, I We don’t even know the future con- perately need. This amendment would come to the floor, as I have over the sequences because there is a lot of oil expand access to health care, family past year and a half, as a physician out there sloshing around, and there is and financial counseling, and other who has practiced medicine in Wyo- a lot of it down there deep. We don’t services to which the Guard and Re- ming for a quarter of a century. I go know what is happening down there. serve members currently do not have home every weekend and visit with my We don’t know what is happening to full access. My amendment extends na- former patients, my former colleagues. the critters. We know what is hap- tionwide a highly successful program As I talk to people around the State of pening to some of the critters in the that is existing right now in Vermont. Wyoming about the newly passed marshes where the oil has now mixed It would set up a system of support of health care law, their concerns are up into the sediment and the critters fellow veterans across the country those we have heard from around the are down there digging around, and we serving as outreach specialists, people country and certainly those on the are seeing the effect of that when we our Guard and Reserve members can Senate floor. That is why I keep com- check the gills of these fish that are talk and relate to, and help them get ing back to the Senate floor with a being hatched, living off the sediment. access to the services they need. It doctor’s second opinion about the The consequences are not good. would give the Defense Department the health care law. It is the responsible thing to do, to additional resources it needs to provide What we know patients would like in make foreign oil companies drilling in counseling and reintegration services terms of health care is that the care foreign waters understand there is for National Guard and Reserve mem- they get is the care they need from the going to be an economic consequence if bers. doctor they want, at a cost they can af- they damage the economic interests of This amendment has the strong sup- ford. For many people across this coun- the United States. That is the bill Sen- port of the National Guard Associa- try, a cost they can afford is a major tion, which said this amendment would ator MENENDEZ, Senator MARCO RUBIO, issue, which is why I think so many and I have filed. I commend it to the help ensure that 448,000 National Guard people were happy to hear the Presi- consideration of the Senate. men and women who have served in dent say, in his initial talk about what I yield the floor and suggest the ab- Iraq and Afghanistan since 9/11 are pro- he was proposing for health care in this sence of a quorum. vided with the necessary services upon country, we need to get the cost of The PRESIDING OFFICER (Mr. their return from war. health care down. He said: If his bill Members of the National Guard and FRANKEN). The clerk will call the roll. were to pass and become law, the cost Reserve are the citizen soldiers who The legislative clerk proceeded to of care would drop about $2,500 per fam- step up and accomplish extraordinary call the roll. ily across the United States. That is acts of valor and bravery for our coun- Mrs. GILLIBRAND. Mr. President, I what people were looking forward to. try. They are veterans. They deserve ask unanimous consent that the order In so many ways, the President over- these services when they return be- for the quorum call be rescinded. promised and underdelivered because cause of the sacrifices they made and The PRESIDING OFFICER. Without what people have seen is the cost of continue to make for our great coun- objection, it is so ordered. their health care has continued to go try. AMENDMENT NO. 1211 up as a result of the President’s health AMENDMENT NO. 1189 Mrs. GILLIBRAND. Mr. President, care law. one of the reasons I came to Congress I would also like to speak in support The States around the country are of the amendment of Senator MURRAY, was to be a voice for our troops and our now looking at ways to deal with this amendment No. 1189. military families. They answer a call health care law. Many States have set Mental health disorders, substance higher than any other, fighting to pro- abuse, and traumatic brain injuries af- up committees to deal with it based on tect our country, our way of life, our fect nearly 20 percent of all service- their State legislatures, and we have values—all that we hold dear. Our men members who have been deployed to done the same thing in my home State and women in uniform fight, put their Iraq and Afghanistan—that is one in of Wyoming. In Wyoming, we have lives on the line every day for us, and five. But, unlike Active-Duty service- asked for a study to be done to take a our job is to fight for them and ensure members, Guard and Reserve members look at what the impacts of the Presi- that when they come home, they have do not have direct access to the coun- dent’s health care law would be on an opportunity to go to college, find a seling services they need, putting enor- health care and the cost of care in our good-paying job, afford a new home, mous strain on these veterans and the State. A report was authored by a Mas- start a family, have access to quality families who stand by them and who sachusetts group called Gorman Actu- health care. have stood by them. arial. The report examined how the After a decade of two wars in Iraq The amendment of Senator MURRAY health care reform law passed last year and Afghanistan, we have asked more would embed mental health profes- by Congress is going to affect the State of our military than ever before, in- sionals in armories and Reserve cen- of Wyoming specifically. This informa- cluding our National Guard and Re- ters, bringing mental health support tion is being used in Wyoming by our serves. Our Reserve components are de- within reach for Guard and Reserve Health Benefits Exchange Steering ployed in record numbers, including members where and when they need it. Committee. That is the committee serving in combat zones. While they I yield the floor, and I suggest the ab- which is reviewing various options for serve alongside our Active-Duty mili- sence of a quorum. a State-run health exchange, and that tary, our Guard and Reserve members The PRESIDING OFFICER. The is what people are looking at: What is do not have access to all of the assist- clerk will call the roll. the best thing to do for our State. ance, services, and benefits that the The legislative clerk proceeded to As they have come upon this work ef- troops they fight shoulder to shoulder call the roll. fort, what they are telling us is about

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That is why I continue to chance to talk with a number of Mem- in Wyoming, as a result of the health come to the Senate floor week after bers on the other side of the aisle and, care law, the current individual mar- week with a doctor’s second opinion as frankly, on the other side of the de- ket enrollees will see average pre- more information becomes available, bate, because this had bipartisan sup- miums increase by 30 to 40 percent just as this study in Wyoming became port on both sides of the debate. But based on the components of the law. available. The President’s promise, ‘‘If the folks I talked to told me they did Some supporters of the law say: Well, you like what you have you can keep not support my amendment, but they they are going to get more insurance it,’’ we are finding out is not true, and were still interested in making some than they would otherwise, and that is the fact that the President promised more targeted changes to the detention true because they are going to get a health care premiums would drop for provisions. I hope those colleagues will government-mandated amount of in- families by $2,500 per family is not take a close look at what Senator surance which may be a lot more insur- true. FEINSTEIN is offering here today. ance than they want or need. That is That is why I continue to believe this Let me speak to specifically what she one of the fundamental problems of health care law is bad for patients, it is would help resolve with her amend- this health care law, government-man- bad for providers—the nurses and the ments. There are two important short- dated levels of insurance. Many people doctors who take care of those pa- comings that still exist in the current in Wyoming feel they don’t want that tients—and it is bad for the taxpayers bill. One of her amendments would pre- level of care, which is why I believe in- of this great country. That is why it is serve the flexibility of the military, dividuals should be able to opt out of time to repeal and replace this broken law enforcement, and intelligence this provision of the health care law. health care law. agencies to collaborate, without undue States ought to be able to opt out. Mr. President, I yield the floor. limitation, in any investigation, inter- States and individuals ought to be able I suggest the absence of a quorum. rogation, and prosecution of suspected to receive a waiver. But right now, The PRESIDING OFFICER. The terrorists. The other amendment would that is not happening. So what we are clerk will call the roll. make it clear that American citizens seeing in Wyoming is a significant in- The bill clerk proceeded to call the cannot be held indefinitely in military crease in the cost—not the decrease the roll. detention without a trial. Again, I President promised but an increase in Mr. UDALL of Colorado. Mr. Presi- know the Presiding Officer spoke pow- the cost of health insurance beyond dent, I ask unanimous consent that the erfully to that very legitimate and im- what it would have gone up had there order for the quorum call be rescinded. portant concern yesterday. not been a health care law at all. The PRESIDING OFFICER. Without The current language in the bill— I talk to young people around the objection, it is so ordered. which is why I took to the floor yester- State—and I met with a number of AMENDMENTS NOS. 1125 AND 1126 day and I know on other occasions to young people from my State just the Mr. UDALL of Colorado. Mr. Presi- make this point—I believe will disrupt other evening—and they ask about this dent, I rise today in support of amend- the investigation, interrogation, and and how it is going to affect the young. ments Nos. 1125 and 1126, which have prosecution of terror suspects by forc- What we see is their rates are going to been offered by the Intelligence Com- ing the military to interrupt FBI, CIA, go up quite a bit. A lot has to do with mittee chairwoman, Senator FEIN- or other counterterrorism agency oper- the fact that there is—that the lowest STEIN. ations—against each of these organiza- amount they can end up charging While the Senate did not adopt my tions’ recommendations, including the someone who is young and then com- amendment that would have instructed military’s. pare that to someone who is older, the the Senate to consider these detainee In sum, we are going to create an un- ratio is 3 to 1. So for someone who is matters separately from the Defense workable bureaucratic process that not very healthy and older, they will authorization bill, I believe Senator would take away the intelligence com- only be paying three times what a FEINSTEIN’s amendments make impor- munity’s and the counterterrorism younger person will be paying based on tant changes and improvements to the community’s capabilities to make crit- what passed this House and this Sen- bill—improvements that may yet avoid ical and, in some cases, split-second de- ate. That means that for those younger a problem with a Presidential veto. cisions about how best to save Ameri- people, they are going to pay a lot I thank the Presiding Officer for his cans’ lives. more than they necessarily would comments yesterday on the detainee Further—I cannot emphasize this based on their own good health, exer- provisions that are in this proposed enough—although my friends on the cise habits, fitness, diet, and in terms legislation. I urge my colleagues to other side of this debate argue other- of what their real costs ought to be to support these amendments. I want to wise, the detainee provisions do allow be insured. be clear. I intend to support them. for the indefinite military detention of I guess it is not a surprise when we I have serious concerns going forward American citizens who are accused of saw the election results coming out of about the unintended consequences of planning or participating in terror at- the State of Ohio Tuesday a few weeks enacting the detainee provisions in tacks. Simply accused—that cuts di- ago about the specific individual man- subtitle D of the Defense Authorization rectly against values we hold dear: in- date that said everyone has to buy in- Act. These amendments help to allevi- nocent until proven guilty, presump- surance. On that day, on election day ate some of my concerns. tion of innocence. That is why this is in Ohio, 66 percent of the voters said I wish to, in the context of the debate such an important debate. they didn’t want this government man- we are having, note that in addition to Let me be clear. There are American date, a mandate that people must buy the Secretary of Defense, Leon Pa- citizens who have collaborated with government-approved insurance. They netta; the Director of National Intel- our enemies. There are American citi- don’t want that to apply to them. Two- ligence, General Clapper; and FBI Di- zens who have participated in attacks thirds of the people in Ohio on election rector Mueller—who all oppose the de- against our soldiers and civilians. day voted against the mandate, which tainee provisions—CIA Director Those Americans are traitors. They is not unusual to see because we have Petraeus’s senior staff has indicated should be dealt with, and we already seen that across the country. We have they, too, oppose the detention provi- have a system for ensuring they are seen that in Missouri last year on bal- sions. The CIA believes it is important brought to justice and made to pay a

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18360 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 very heavy price for their crimes. That I say, in all due respect, we have sands area in Canada, to refineries in system is working. However, even in taken a lot of time—in fact, hundreds the United States along the gulf coast, the darkest hours, we must ensure that and hundreds of hours of debate, dis- both in Texas and in Louisiana. our Constitution prevails. We do our- cussion—as to how to address this This is a $7 billion high-tech pipeline selves a grave disservice by allowing threat to the United States of America. that will make a huge difference for for any citizen to be locked up indefi- If the Senator from Colorado sup- our country, both in terms of energy nitely without trial—no matter how se- ports the Feinstein amendment, I agree security and also job creation. This is a rious the charges may be against them. with that. I cannot agree that we have project, Keystone Pipeline, that I have Doing so may be politically expedient, not taken the time. I personally have been working on for quite some time, but we risk losing our principles of jus- taken—I cannot tell you—untold hours formerly as Governor of the State of tice and liberty that have kept our Re- addressing this issue of how we treat North Dakota and now as part of this public strong, and it does nothing to detainees. We may have a fundamental body, the Senate. There already exists make us safer. Our national security disagreement, but I do reject the argu- a pipeline called the Keystone Pipeline, leadership has even said if we imple- ment that we have not taken the time. which was built by TransCanada, that ment these provisions, it could make I yield the floor. goes from Alberta, Canada, all the way us less safe. Mr. UDALL of Colorado. Would the down to our refineries. This pipeline If I might reflect a bit on what we Senator respond to a question? runs through the eastern part of North have learned. At least in three dif- Mr. MCCAIN. Go ahead. Dakota and on down to Paducah, IL, ferent wars—three wars we all learn Mr. UDALL of Colorado. As the Sen- and other locations as well, bringing about in our history classes: the Civil ator from Arizona knows, I have the approximately 600,000 barrels a day of War, World War I, and World War II— utmost respect for the time the Sen- Canadian crude into the United States. as we look back at those three wars, we ator has spent in this very important The Keystone XL project would also made the decision and we drew the con- area. I think what I have been trying be constructed by TransCanada, and it clusion as Americans that we over- to say is that in regard to this par- would come down from the Alberta reached, that we constricted civil lib- ticular set of detainee provisions, I area in Canada down just along North erties. President Lincoln limited ha- want to ensure that all of the questions Dakota’s western border in eastern beas corpus in the Civil War. I know the FBI Director, General Clapper, Sec- Montana and go on down to Cushing the Presiding Officer is familiar with retary Panetta, and others have raised and, as I said, to the refineries along the Palmer Raids during World War I about how these provisions would actu- the gulf coast. and the aftermath of World War I. Of ally be applied—I have no question In addition to bringing Canadian course, we know all too well the his- that the intent is spot on—I just am crude into the United States, it would tory of the interment of Japanese aware that there have been some con- also pick up crude along the way, crude Americans. cerns raised about how these new pro- produced in North Dakota. For exam- I am not suggesting these provisions, visions would actually be applied. I ple, in my home State of North Da- as they are now included in this bill, think Senator FEINSTEIN’s amend- kota, we will add 100,000 barrels a day would result in historians drawing ments—and I do not know where the of light sweet crude produced in the those similar kinds of conclusions 10 or Senator from Arizona stands at this Williston Bay, centered in North Da- 20 or 30 years from now. But why not be point—may provide some greater clari- kota and Montana, into that pipeline. safe? Why not take the time to ensure fication. I know there have been some It is also designed to move our do- that we keep faith with those core val- conversations on the floor as to how we mestic crude to refineries as well. This ues that make America what it is? will deal with these amendments. So I is an important project that has been That is all I am asking. I think that is appreciate the Senator’s comments. in the permitting process for 3 years. It all Senator FEINSTEIN is asking for us Mr. MCCAIN. I thank the Senator has been going through the NEPA proc- to do. That is what the 38 Senators who from Colorado for his clarification, and ess, seeking an environmental impact joined us yesterday to vote for my I think I understand more clearly his statement and approval not only of commonsense approach were saying as rationale for his support of the amend- EPA but of our State Department for 3 well. ment. years. In sum, Senator FEINSTEIN has of- I yield the floor. We need to get it going because it is fered some small changes. It would Mr. UDALL of Colorado. I yield the not only about reducing our depend- help alleviate some of the justifiable floor as well and suggest the absence of ence on oil from the Middle East, Ven- concerns with these provisions. As I a quorum. ezuela, and other places in the world have said, I continue to worry that The PRESIDING OFFICER (Mr. that are not friendly to the United there will be unintended consequences UDALL of New Mexico). The clerk will States, but it is also a huge job cre- to enacting the detainee provisions al- call the roll. ator. This project is a big-time job cre- together. However, we can make some The bill clerk proceeded to call the ator. We are talking about a $7 billion of these small improvements to avoid roll. investment to build the pipeline. We harming our counterterrorism activi- Mr. HOEVEN. Mr. President, I ask are talking about 20,000 construction ties and preventing the loss of rights unanimous consent that the order for jobs right away. We are talking about and freedoms granted to all Americans the quorum call be rescinded. 250,000 jobs over time. We are talking by our Constitution. The PRESIDING OFFICER. Without about $600 million in tax revenue to In closing, I urge all of our colleagues objection, it is so ordered. States and other localities. to support Senator FEINSTEIN’s amend- NORTH AMERICAN ENERGY SECURITY ACT OF 2011 This is a huge project, and we need to ments. Mr. HOEVEN. Mr. President, I rise to get it going. We particularly need to The PRESIDING OFFICER. The Sen- speak on behalf of the North American get it going at a time when we have 9 ator from Arizona. Energy Security Act of 2011. This is percent unemployment in our economy Mr. MCCAIN. Mr. President, briefly, legislation I am sponsoring, along with and more than 14 million people look- while my friend from Colorado is on Senator LUGAR, Senator VITTER, Sen- ing for work. So we need it to get that the floor, he said: Take the time. We ator JOHANNS, and 37 other cospon- economic activity going. We need it to have been taking time, I tell the Sen- sors—we already have 37 cosponsors on get people back to work. We need it for ator from Colorado, since September this legislation. This is a solutions-ori- energy security. We need this project 11, 2001, when the United States of ented bill that addresses concerns to reduce our dependance on oil from America was attacked. We passed the along the route of the Keystone Pipe- the Mideast. Detainee Treatment Act. We passed line. The Keystone Pipeline is designed Where is the project right now? The other pieces of legislation—the PA- to carry 700,000 barrels a day of oil latest issue that has been raised as far TRIOT Act, and others. Take the time? from Alberta, Canada, from the oil as not getting approval for the project

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18361 from the Department of State was that But let me address one other point. Mr. MENENDEZ. Mr. President, I ask the State of Nebraska had environ- Another point that has been brought unanimous consent that the order for mental concerns that the pipeline, this up in opposition to the pipeline project the quorum call be rescinded. 1,700-mile pipeline running from the oil is that the production of oil in Canada, The PRESIDING OFFICER. Without sands in Canada all the way down to in the oil sand region, produces CO2. So objection, it is so ordered. our refineries, that in its route through that if this pipeline is built, some AMENDMENT NO. 1414 the State of Nebraska, it was going argue then there will be more CO2 re- Mr. MENENDEZ. Mr. President, I through an area that was environ- leased because of production in Canada come to the floor to speak to a bipar- mentally sensitive and that would cre- in the oil sands and that product com- tisan amendment my colleague from Il- ate a problem. ing into the United States. linois, Senator KIRK, and I have of- It is the High Plains area, the Sand But, in fact, without this pipeline, we fered. We believe it is one of the most Hills area of Nebraska. The concern will produce more CO2. The point, let critical issues facing our country in was that with the Ogallala aquifer un- me underscore, is that this pipeline terms of national defense and global se- derlying that area and the irrigation project will actually produce less CO2 curity. We have come together to the for that farming and ranching region, than we would otherwise produce with- floor to speak about it. that pipeline was a problem. In fact, out the creation of the pipeline. One of the greatest threats—if not there was opposition in the State of Why is that? Let me go through it. If the greatest—to the security of our Na- Nebraska to the project for that rea- we do not have the pipeline, then in- tion and Israel is the concerted effort son. stead of bringing that product into the by the Government of Iran to acquire However, working with the company, United States, that product will still the technology and materials to create TransCanada, and with the State of Ne- be produced. The production will still a nuclear weapon that will do two braska, we have addressed that issue. occur in Canada. But the pipeline, in- things: First, we can be sure it will alter the Recently, the State of Nebraska had a stead of coming into the United States, will be rerouted to the western border balance of power in the Middle East. special session. Gov. Dave Heineman Second, altering the balance of power called a special session in Nebraska. of Canada, and it will be sent to China. That means large oil tankers will be with a nuclear Iran dedicated to the de- They held the session, and they came struction of the State of Israel would up with a plan, through their Depart- hauling the product to refineries in China. The refineries in China produce most certainly lead to hostilities—hos- ment of Environmental Quality, work- tilities that could spill over to engulf ing with the EPA, to reroute the higher emissions than our refineries. Plus, we have those ships that produce the entire region and well beyond. project in the State of Nebraska. We cannot, we must not, and we will On the basis of that rerouting and CO2 as they haul all this product to the Far East. Furthermore, since that sup- not let that happen. But the clock is going through the approval process ticking. Published reports suggest we they developed between the State and ply is not coming to the United States, we have to continue to import product may be just a year away from Iran hav- Federal Government, on that basis, from the Middle East and also from ing a nuclear weapon and the ability to they have now addressed that concern places such as Venezuela, as I men- deliver that nuclear weapon to a tar- in Nebraska. What this legislation tioned. get. To forestall this scenario and, does, it essentially is a solutions-based In essence, we have supertankers more importantly, to prevent it from piece of legislation that says: OK, we bringing that product to the United happening in the first place, we must are addressing these issues that have States. So not only are we, in essence, use all of the tools of peaceful diplo- been raised. Now we need to move for- now hauling the equivalent of 700,000 macy available to us. Simply put, we ward to capture the tremendous bene- barrels a day around the world in su- must do everything in our power to fits for our country that this project prevent Iran from obtaining a nuclear pertankers and producing CO2 emis- provides: big-time job creation and re- sions there, we are also taking this weapon. I do not believe there is any- ducing our dependance on Middle East- product over to the Chinese refineries, one on either side of the aisle who dis- ern oil. where they have higher emissions. agrees with that proposition. How does the bill work? Specifically, My point is, the oil sands are still We come to the floor today to discuss what it provides is that 60 days after produced, are they not, under either a bipartisan amendment I have offered its passage, the pipeline is approved so scenario? But without this pipeline, we with my friend from Illinois, Senator work can commence on the Keystone KIRK, to limit Iran’s ability to finance actually have higher CO2 emissions on XL pipeline. That means 20,000 jobs. a global basis. Again, it is about ad- its nuclear ambitions by sanctioning That means $7 billion in investment dressing all the concerns that have the Central Bank of Iran, which has starts right away. been raised with this project, and it proven to be complicit in Iran’s nuclear Then, as to the Wyoming piece, the does that. At the same time, we create efforts. This amendment will impose State of Wyoming, together with EPA tens of thousands of jobs right off the sanctions on those international finan- and the Federal Government, works bat. We create hundreds of millions in cial institutions that engage in busi- through to reroute in Nebraska, so that revenue for States and localities at a ness activities with the Central Bank a portion of the pipeline is then ap- time when they badly need it and, of Iran. proved once they have gone through again, we reduce our dependence on oil This is a timely amendment that fol- lows the administration’s own decision their process and decided on the route from parts of the world where it truly last week designating Iran as a juris- that meets the concerns in Nebraska. is an issue for our country in regards to diction of primary money laundering. In essence, this legislation, again, it energy security. is about addressing the concerns, solv- It is about common sense. It is about In fact, the Financial Crimes Enforce- ing the problem, and moving forward. addressing all the issues that have been ment Network of the Department of This incorporates the special legisla- raised. I urge my colleagues to join me the Treasury wrote: tion and the solution that has been put and the 37 sponsors and cosponsors that The Central Bank of Iran, which regulates Iranian banks, has assisted designated Ira- forward by the State of Nebraska. It we already have on this legislation to incorporates it right into the bill and nian banks by transferring billions of dollars pass it and help put people back to to these banks in 2011. In making these enables us to move forward. work, help get our economy going, and transfers, the Central Bank of Iran at- I have referenced the tremendous help improve our national energy secu- tempted to evade sanctions by minimizing benefits in terms of energy security, in rity. the direct involvement of large international terms of job creation, in terms of work- I suggest the absence of a quorum. banks with both the Central Bank of Iran ing with our best friend and ally, Can- The PRESIDING OFFICER. The and designated Iranian banks. ada, in reducing our dependence on oil clerk will call the roll. The Treasury Under Secretary for from places such as the Middle East The assistant legislative clerk pro- Terrorism and Financial Intelligence, and Venezuela. ceeded to call the roll. David Cohen, has written this:

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I particularly thank my liferation financing, and money laundering that petroleum-producing countries partner Senator MENENDEZ, a member risks for the global financial system. other than Iran can provide sufficient of the Banking Committee, who has The administration’s own decisions alternative resources for the countries been a leader regarding Iranian terror, clearly show that Iran’s conduct purchasing from Iran and if the coun- proliferation of weapons of mass de- threatens the national security of the try declines to make significant de- struction, and repression of human United States and its allies, and the creases in its purchases of Iranian oil. rights for 20 or 25 years now. complicit action of the Central Bank of This bipartisan amendment has been We are reaching a decisive point now Iran, based on its facilitation of the ac- carefully drafted to ensure the max- in the relations of Iran to other coun- tivities of the government, its evasion imum impact on Iran’s financial infra- tries and, most importantly, to the of multilateral sanctions directed structure and its ability to finance ter- United States. I think this amendment against the Government of Iran, its en- rorist activities and to minimize the comes at one of the final hours of how gagement in deceptive financial prac- impact on the global economy. Iran has peaceful means and economic sanctions tices and illicit transactions, and, most a history of exploiting terrorism can be used to avoid a conflict. That is importantly, its provision of financial against coalition forces in Iraq, in Ar- why it is so important for the Senate services in support of Iran’s effort to gentina, Lebanon, and even, in their to adopt the Menendez-Kirk amend- acquire the knowledge, materials, and attempt to assassinate the Saudi Am- ment, with the long-term goal of col- facilities to enrich uranium and to ul- bassador, in Washington. While Iran’s lapsing the Central Bank of Iran, so timately develop weapons of mass de- drive to advance its nuclear weapons that country doesn’t produce nuclear struction, threatens regional peace and program has been slowed by U.S. and weapons that would destabilize the en- global security. international sanctions, it clearly re- tire Middle East. We launched this ef- We recently learned just how far mains undeterred. fort, along with Senator SCHUMER, par- down the nuclear road Iran has come. Today, we take—hopefully today or ticularly in August when we called on The International Atomic Energy tomorrow when we vote on this amend- our President to sanction the Central Agency’s report indicates what all of ment—the next step in isolating Iran Bank of Iran. us already suspected—Iran continues politically and financially. I look for- In these partisan times in which the to enrich uranium and is seeking to de- ward to continuing to work with my two sides are far apart on many issues, velop as many as 10 new enrichment fa- colleagues on the other side and with we had 92 Senators—all but 8 Senators cilities; that Iran has conducted high- the administration to achieve this goal signed the letter—saying: Collapse the explosives testing and detonator devel- and to also advance the legislation I in- Central Bank of Iran and use this as a opment to set off a nuclear charge, as troduced earlier this year with many tool in our diplomatic war chest to well as computer modeling of the core others on both sides of the aisle—the make sure we can remove one of the of a nuclear warhead; that Iran has en- Iran, North Korea, and Syrian Sanc- greatest dangers from the country, gaged in preparatory work for a nu- tions Consolidation Act, which has 80 from one of the most dangerous re- clear weapons test; that an August bipartisan cosponsors at this point. gimes. IAEA inspection revealed that 43.5 Our efforts to date have been trans- The record is pretty clear. The Inter- pounds of a component used to arm nu- formative. But just as Iran has been national Atomic Energy Agency has clear warheads was unaccounted for in prepared to adjust to the sanctions and ruled on the subject of Iran. We re- Iran; and that Iran is working on an in- unanticipated loopholes, just as it has member the IAEA because they, with digenous design for a nuclear payload been prepared to take advantage of regard to Iraq and the Saddam Hussein small enough to fit on Iran’s long- every loophole to circumvent the sanc- weapons of mass destruction program, range Shahab-3 missile, a missile capa- tions and keep moving forward in its were consistently correct and the Bush ble of reaching the State of Israel. effort to achieve a robust nuclear pro- administration was wrong. The IAEA What more do we need to know be- gram, we must be equally prepared to said in its intelligence estimate that fore we take the next diplomatic step adjust and adapt by closing each loop- the threat was overstated in Iraq. So to address the financial mechanism hole and stopping the regime’s nuclear with that level of credibility, we should that is helping make Iran’s nuclear efforts. By identifying the Central listen to the IAEA on the subject of ambitions a reality? These revelations, Bank of Iran as the Iranian regime’s Iran. There, they have been extremely combined with Iran’s provocative effort partner and the financier of its ter- clear as well. in October to assassinate the Saudi rorist agenda, we can begin to starve They have outlined how Iran has a Ambassador to the United States, dem- the regime of the money it needs to separate enrichment cycle, going way onstrate that Iran’s aggression has achieve its nuclear goals. above the enrichment of uranium nec- taken a violent turn and that we have I urge my colleagues to support this essary to fuel a civilian reactor—5 per- every reason to believe that if Iran gets bipartisan amendment that will go a cent—now toward 20 percent, where a nuclear weapon, it may very well use long way toward closing financial loop- there is no civilian use, moving toward it, and use it against our ally, the holes and helping prevent the Iranian the 98 percent needed to power a nu- State of Israel. regime from moving its nuclear ambi- clear weapon. This amendment will impose sanc- tions to the weapons phase and closer They talked about undisclosed nu- tions on any foreign financial institu- to the warhead of a missile. clear facilities, especially a brandnew tion that engages in significant trans- We cannot, we must not, and we will one, which appears to be the final cas- actions with the Central Bank of Iran, not allow Iran to threaten the stability cade necessary to enrich uranium to with the exception of transactions in of the region and the peace and secu- bomb-grade material. food, medicine, and medical devices. It rity of the world. I appreciate the sup- They most ominously talk about a recognizes the administration’s actions port of my distinguished colleague warhead of a particular weight that last week pursuant to section 311 of the from Illinois who is on the floor, who would equate what would be in a nu- PATRIOT Act designating the entire has worked with us in this regard and clear weapon. Unlike a conventional Iranian banking sector as a primary come to a common view and effort to warhead, which basically has a spark money laundering concern. It requires maximize the effect on Iran and mini- initiator and explosive material, this the President to prohibit transactions mize the effect to both us and the glob- warhead has an electric generator of Iranian financial institutions that al economy, and certainly urge passage aboard. That is only used to power and touch U.S. financial institutions. of this amendment. initiate a nuclear explosion. To ensure that we don’t spook the oil The PRESIDING OFFICER. The Sen- So it is clear from the statements of market, transactions with Iran’s Cen- ator from Illinois is recognized. the independent United Nations agency

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That is intended the first space-bearing nation of the gime. as a signal to oil markets that this re- 21st century and that, unlike the North According to our own Attorney Gen- quirement is coming, that we seek for Koreans, who have failed in space eral, the head of the Iranian Revolu- them, as our allies—for example, in launch time after time, Iran was able tionary Guard’s Quds Force, Suliman, Japan or South Korea or in Turkey—to to orbit the Omid satellite aboard the tried to contact and hire a Mexican wind up their current contracts and Safir rocket and is the first nation to drug cartel—one of the most dan- supplies and meet their needs by other be able to accomplish that techno- gerous, the Zetas—to assassinate the means. logical fete in this century. If you can Saudi Arabian Ambassador to the By the way, other means are coming. orbit anywhere over the Earth, you can United States at a Georgetown res- We are expecting Libyan production to deorbit over the Earth—an ominous taurant. It was only because the in- double. We are also expecting Iraqi pro- sign for the future of Saudi Arabia, competent Iranians hired a DEA agent duction to go way up. Of course, we Iraq, our allies in Turkey, but espe- in Mexico that we found out about this. know the swing production of Saudi cially our friends in Israel, and, in the They would have, had they been able to Arabia—no love lost toward the Ira- long term, the United States. accomplish their goals, lit off a car nians after having tried to kill their The record of Iran with regard to its bomb in Washington, DC, paid for by ambassador here. We will be working own citizens shows the character of its the Government of Iran and briefed all with the oil suppliers to make sure government. Long ago, we knew about the way to the top level of their gov- that everyone’s needs are met while 330,000 Baha’i citizens of Iran who have ernment. funding to the Iranian regime is slowly been forced to register their addresses, Today, we find—after they had their choked off. whose kids have all been kicked out of Basij radical young person’s movement We also provide two waivers in this universities, and whose families are overrun the British Embassy, seizing amendment—and this is very impor- not allowed any contracting with the classified documents and holding, for a tant—at the request of the administra- Government of Iran. The bureaucratic time, 50 British personnel—shades of tion. We say if there is a temporary re- mechanisms of Kirstallnacht have the 1979 hostage crisis, when for 440 striction of oil supply, this amendment formed. We have seen this movie in a days Iranian radicals held Americans. can be suspended for a time. If there is different decade, wearing different uni- Our allies in the United Kingdom have some unforeseen national security dis- forms, in a different country, but the now made the decision to remove all aster, some real problem the President ominous signs are that it may turn out Iranian diplomats from the United can see, he has that flexibility. in the same way. Kingdom. But the general picture is this: The Many people on the international We have seen other calls, brave calls, Central Bank of Iran, the heart and fi- committee know about Neda, who was of allied action. A man I admire great- nancial soul of a web of terror, of nu- protesting the stealing of an election ly, the President of France, President clear production, of human rights in Iran, and of her death simply for Sarkozy, has called for seizing all pur- abuse, and the oppression of other peo- protesting that stolen election. We chases of Iranian oil. He has publicly ple—principally in Syria—is no longer know about Hossein Ronaghi, the first called for the collapse of the Iranian acceptable to the international com- blogger, who called for tolerance in Central Bank. munity, and so this regime should op- Iran, who is now languishing in Evin So it is with this level of irrespon- erate without the benefit of funding prison. We know about Nasrin sibility—on nuclear technology, on from the international community. Sotoudeh, age 48, mother of two, whose missiles, on the repression of human I think this amendment is one of the sole crime was representing Shirin rights, on the support of terror, on the last best hopes for peace and to bring Ebadi, a Nobel laureate, and how she plot to kill Americans inside Wash- effective economic sanctions to bear so was thrown in jail. ington, DC, and the overrunning of an that a burden doesn’t fall on our Beyond the nuclear program, beyond embassy of our closest ally in Europe, friends in Saudi Arabia or our allies in the missile program, beyond the re- the United Kingdom—that we come Israel to do the far more tough mili- pression of human rights in the coun- forward with the bipartisan Menendez- tary work that may be required to re- try, we know about Iran’s long record Kirk amendment. move this common danger. of terror; that Iran is the paymaster What does this amendment do? It ba- Many people say we can’t convince a for Hezbollah. We have known that for sically says, in part, if you do business country that is on a nuclear weapons a long time. They have tortured the with the Central Bank of Iran, you can- course to reverse course. I say, well, we poor country of Lebanon. But in some not do business with the United States show our ignorance of history because sense, there was a symmetry. We un- of America. It forces financial institu- we saw the Argentines give up a nu- derstood how this Shiite power would tions and other businesses around the clear program, the Brazilians, and like- support a Shiite sect in Lebanon even world to choose between the small and ly the South Africans detonated a though they spoke Arabic. But then, shrinking $300 billion economy of Iran weapon and then decided to give up over the last decade, they jumped the and the $14 trillion economy of the their program. In Kazakhstan and Shiite-Sunni divide, and they also United States. In that contest, we all Ukraine, nuclear weapons were given backed a new terror group called know how just about everyone will up. In Libya, nuclear weapons were Hamas that was trying to surround our choose, and we wish that choice to be given up. With effective pressure, my allies in Israel with missiles and the made. We seek to break the stable fi- hope is that it can happen here. terror necessary to extinguish the Jew- nancial intermediary in between Ira- We know President Ahmadinejad is ish people and the Jewish State. nian oil contracts and the outside not popular. We know the regime in We know how the Iranian regime is world so that it will just be easier to general does not enjoy the support es- now one of the central pillars of the buy oil from elsewhere and, working pecially of its younger citizens. We Syrian dictatorship and how, as that with our allies, to make that oil more know at least half of Iranians, in a sto- dictatorship hangs onto power, it is plentiful. len election, voted for the other guy somewhat on the back of Iranian We realize the concerns with this who was not allowed to take power. money and Iranian weapons and exper- amendment. Some have said this So this amendment comes forward tise that allows them to repress their amendment comes too quickly; that it with a solid bipartisan pedigree. It has own people. Most recently, on the back is too soon. So that is where Senator been endorsed specifically by Senators of a bipartisan certification that Iran MENENDEZ and I have agreed, working LIEBERMAN, SCHUMER, KYL, FEINSTEIN,

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GILLIBRAND, MANCHIN, NELSON of Flor- was alarming and proved beyond a build an international coalition deter- ida, NELSON of Nebraska, STABENOW, shadow of a doubt that, despite the mined to prevent the rise of a nuclear and HELLER under the leadership of lies—and there is no other word to Iran. By giving the administration the Senator MENENDEZ and myself. For us, use—by the Iranian Government, they capability to impose crippling sanc- it gives time for the oil markets to ad- are developing a nuclear weapon. Ac- tions on Iran should they continue just and unhook from Iran. It gives cording to recent reports, Iran could with their nuclear weapons program, flexibility to the administration. But, have at least one workable nuclear Congress is putting forth a tough and most importantly, it helps us deal in weapon within a year and another smart plan to address the real threat an economic and diplomatic way with maybe 6 months after that. Iran poses to the United States and our one of the greatest dangers to our soci- The new information shows that Iran allies and, of course, Israel. ety. has been working relentlessly to ac- This amendment will do three impor- We think about the future ahead, and quire the capability to produce a nu- tant things to strangle Iran’s ability to some people say this amendment could clear weapon. Additionally, the IAEA continue with its nuclear weapons pro- cause some disruption in oil markets. report details a highly organized pro- gram. First, it will freeze the assets of Yes, we are asking countries to unhook gram dedicated to acquiring the skills Iranian financial institutions that from the terror regime in Iran. But necessary to produce and test a bomb. come under U.S. jurisdiction. Second, just think about the instability that So I say to America and the world: it would prevent the maintenance in would come if military conflict broke Enough is enough. The extreme and America of correspondence accounts by out between Iran and Israel or worse if dangerous leader of the Government of foreign financial institutions con- nuclear weapons were loosed from Iran Iran, Mahmoud Ahmadinejad, must be ducting significant petroleum-related in the Middle East. If we do nothing, as held accountable. One of our greatest transactions with Iran’s Central Bank. soon as 2 years from now we could have problems that we will live with for dec- And lastly, it would urge the President a detonation of an Iranian nuclear ades is a nuclear Iran. We do not want to undertake a diplomatic initiative to weapon in the Middle East. If we show to look back and say: If we were only wean other nations off Iranian crude. weakness and a lack of resolve, then a little quicker, a little stronger, a lit- The amendment supports the admin- countries in that region will decide tle tougher, we might have prevented istration’s actions last week desig- they need nuclear weapons programs of it. The Iranians, when they see they nating the entire Iranian banking sys- their own. We will give birth to the might face real economic punishment tem as a threat to government and fi- Saudi nuclear weapon program, the if they proceed in developing nuclear nancial institutions because of Iran’s weapons, have turned back in the past, Egyptian nuclear weapon program, and illicit activities, including its pursuit and they will do that again. others. of nuclear weapons and its support of We have begun to impose economic This amendment is an attempt to terrorism. make sure that for young Americans sanctions, and I salute the President, Senators KIRK and MENENDEZ have who has worked very hard on this the 21st century is not the most dan- done an excellent job in crafting a issue. I have talked with him on this gerous century they will face, and to comprehensive plan, a smart plan, a use the full economic weight of the issue. I know he believes in it strongly. tough plan, to arm the administration United States, working with our allies, I know the President knows the danger with the tools it needs to put a stop to to remove what is the greatest emerg- of a nuclear Iran and is working very Iran’s nuclear rogue program. I have ing danger. hard in that regard. But every time we optimism that this will have a real ef- I think Senator MENENDEZ is living find ways to impose economic sanc- in the spirit of those who watched the tions that have real teeth against Iran, fect and could indeed deter Iran if we 1930s and worried about when America they try to find a way around it. Our move, and move quickly. slept. Well, we are not asleep. We know job is to move quickly and to plug I urge my colleagues to support this exactly what is happening. By decisive those loopholes. amendment. bipartisan action of the Senate, we are We have sanctioned Iranian banks I yield the floor, and I suggest the ab- bringing the best pressure to bear, of and pretty much prevented them from sence of a quorum. The PRESIDING OFFICER. The nonmilitary means, to make sure our doing what we don’t want them to do. kids inherit a much safer 21st century. According to all reports, it has had a clerk will call the roll. With that, I commend my partner in real effect on the Iranian National The assistant legislative clerk pro- this effort, and I urge the Senate to Guard and on the economy of Iran ceeded to call the roll. adopt the Menendez-Kirk amendment. itself. But the Iranian Government has Mr. CARDIN. Mr. President, I ask I yield the floor. now tried to move through the Central unanimous consent that the order for The PRESIDING OFFICER. The Sen- Bank of Iran. It has been heavily in- the quorum call be rescinded. ator from New York. volved in terrorism and the financing The PRESIDING OFFICER. Without Mr. SCHUMER. Mr. President, first, I of nuclear and conventional weapons objection, it is so ordered. rise in full support of this amendment, technology. The Central Bank has Mr. CARDIN. Mr. President, I rise in and I thank Senator MENENDEZ for his played a critical role in helping other support of the amendment offered by leadership on this issue, which dates Iranian banks circumvent our effective our colleagues, Senators MENENDEZ and from a long time back, and Senator financial sanctions. KIRK, and I thank them for their lead- KIRK, who has really lit a flame of con- To close 10 holes but leave 1 open will ership on this issue. To me, this is an cern under this body about this issue, not achieve our goal, and the last re- extremely important amendment that and justifiably so. They have done a maining open hole through which fi- I hope will get the support of all the great job, and I thank both of them for nancial commerce can flow into Iran Members of the Senate. It tightens the their strong efforts. for prohibited activities is the Central restrictions we already have against I believe when it comes to Iran we Bank of Iran. The threat of sanctions Iran. should never take the military option against the Central Bank will frighten I compliment the Obama administra- off the table, but I have long argued Iran. It might make them think twice tion for the work they have done inter- that economic sanctions should be before they proceed in developing this nationally by expanding the sanction tried first and could be actually very nuclear weapon because they will pay against Iran and against Iran’s petro- effective in choking Iran’s nuclear am- real economic consequences that will leum and petrochemical industries. It bitions before any military option need hurt the Iranian regime and its hench- has been effective, because we have be considered. But they have to be done men, above all, and will, unfortunately, gotten other countries to follow the strongly, they have to be done well, hurt the Iranian people as well. But leadership of the United States. and they have to be done toughly. there is no choice in this matter. I think everyone in this body under- Earlier this month, the report on So we must strengthen the Presi- stands the risks of Iran to the security Iran’s nuclear program by the IAEA dent’s hand as he continues to work to of not only its region but the entire

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He goes on deal with this is to isolate Iran and to The assistant legislative clerk pro- to say: make sure the sanctions that are im- ceeded to call the roll. These are people who, in effect, remain at posed actually will accomplish the ob- Mr. SESSIONS. Mr. President, I ask war with the United States. As I said, I am jective of penalizing the country but unanimous consent that the order for not going to release individuals who endan- not the individual people of Iran. the quorum call be rescinded. ger the American people. The amendment offered by Senator The PRESIDING OFFICER. Without I think that is consistent with all MENENDEZ and Senator KIRK would objection, it is so ordered. rules of war, and I think the President allow us to expand the sanctions Mr. SESSIONS. I would ask that I be was right in that statement. against Iran to the Central Bank of notified after 10 minutes. Attorney General Eric Holder, in No- Iran. The amendment requires the The PRESIDING OFFICER. The vember of 2009, before the Judiciary President to prohibit all transactions Chair will do so. Committee, said: and property and interest in property AMENDMENT NO. 1274 I personally think that we should involve of the Iranian financial institutions Mr. SESSIONS. Mr. President, I have Congress in [ensuring that the Executive that touch U.S. financial institutions, offered an amendment that clarifies— Branch has the authority to make that deci- and to prohibit the maintenance of cor- although that is not exactly the right sion], that we should interact with . . . this respondence or payable-through ac- word—the fact that an unlawful com- committee in crafting a law of war detention process or program. counts by foreign banks that have con- batant or a combatant who is held by ducted financial transactions with the the U.S. military for being an enemy of In other words, he was calling on us Central Bank of Iran. the United States, a combatant against to work with them in developing stat- What does that mean? It means we the United States, or an unlawful com- utes. But, historically, I think the law are trying to put the sanctions where batant, is not therefore entitled to be is clear at any rate. they will have the most impact, and released if the U.S. military or the ci- Jeh Johnson, General Counsel to the that is on the financial system of Iran vilian courts choose to prosecute him Department of Defense, who came from itself. The Iranian Central Bank de- and he is acquitted or after he serves the New York Times as general counsel pends upon other banks around the his sentence but before hostilities have for the New York Times—not a career world, and this amendment would ended. These are entirely different Department of Justice defense attor- allow us to have an effective way to matters. ney—said this before the Senate Armed isolate the Central Bank of Iran, put- There are two questions: Are you an Services Committee: ting additional focus on the Iranian enemy combatant of the United The question of what happens if there’s an policies that have violated the United States? These are the kinds of pris- acquittal is an interesting question . . . I Nations’ resolutions. think that as a matter of legal authority, if oners of war in World War II, Germans, Iran has violated their commitments. you have the authority under the laws of war They violated their commitments as for example, who were kept in to detain someone, and the Hamdi decision they relate to their nuclear programs. Aliceville, AL. They stayed in a pris- said that in 2004, that is true irrespective of They haven’t complied with agree- oner-of-war camp until the war was what happens on the prosecution side . . . as ments they have entered into. It is im- over, and they went home. They didn’t a matter of legal authority, I think we have violate the rules of war; they weren’t law-of-war authority, pursuant to the au- portant that the international commu- thority Congress granted us with AUMF, as nity stand united. This is important prosecuted for any crimes. They simply were not released so that they could go the Supreme Court interpreted it, to hold for the stability of the region, it is im- that person provided they continue to be a portant for the security of Israel, our and rejoin the battle in an attempt to security threat, and we have the authority in closest ally in that region, it is impor- kill more American service men and the first place. women. But they were lawful. They tant for the Arab states that have So, again, he is saying if they are not wore uniforms, they complied with the talked to us about the danger of Iran, convicted, they can still be held if they rules of war, and they were not able to it is important for U.S. interests. So it continue to be a threat. is important that we get this moving. be prosecuted. Secretary of State Hillary Clinton on But when a person sneaks into the Iran’s complete disregard for its obli- ‘‘Meet the Press’’ November of last country with an intent to murder gations under the Nuclear Non- year: proliferation Treaty and its directives women and children and innocent non- combatants, does not wear a uniform, MR. GREGORY: But my question is, are we of the multiple U.N. Security Council committed with these terror suspects that if Resolutions belies the government’s and violates other provisions of the they are acquitted in civilian courts, they continued insistence that its nuclear rules of war, then they can be not only should be released? program is one based upon its energy held as a combatant but they can be SECRETARY CLINTON: Well, no. . . . needs. It is not based upon its energy held and tried for commission of Senator JACK REED, our West Point needs. It is trying to become a nuclear crimes against the United States. That graduate and a member of the Armed weapons state, something we must is the classic standard of the law of Services Committee—I am proud to make sure does not occur. war. serve with my Democratic colleague— We need to take all steps we can in I believe it is clear that if a person is this is what he said the November be- order to deny Iran the ability to have captured and tried for a crime and, fore last: international legitimacy while they let’s say, acquitted—whether in a civil- There are no guarantees [of conviction], are violating their international com- ian court or a military commission— but under basic principles of international mitments. This amendment continues they are not entitled to be released. To law, as long as these individuals pose a the U.S. leadership on this issue and that end, I would quote a number of threat, they can be detained, and they will. follows up on the work our Nation has statements to that effect. But I believe . . . I do not believe they will be released done in getting international support the legal system would be a lot better . . . under the principle of preventive deten- to make clear to Iran that if they con- off if we spoke clearly on that matter tion, which is recognized during hostilities. tinue along these policies of violating today so there is no doubt whatsoever. I believe this is legislation that their international commitments, they President Obama, on May 21, 2009, would do nothing more but, impor- are going to continue to be isolated said this: tantly, will affirm the classical under- and it is going to affect the economy of But even when [the prosecution] process is standing of our laws of war, and as a their nation. complete, there may be a number of people result, the people who are charged can

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18366 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 be tried, and if they are not convicted Mr. GRAHAM. Does he agree with me Mr. SESSIONS. Absolutely. of a crime, they can still be detained. that our courts understand that when Mr. GRAHAM. Does the Senator I would note that an individual an American citizen collaborates with agree that our criminal system is not American soldier or German soldier or an enemy of our Nation, that is an act focused on that? Japanese soldier who is lawful and re- of war by that citizen against his own Mr. SESSIONS. Absolutely. In fact, leased has a duty to report back to country and the law of war applies, not we specifically tell people arrested that their military unit and commence hos- domestic criminal law? they have a right not to provide any tilities until the war is over. Mr. SESSIONS. I certainly agree intelligence, and it indicates it is Senator GRAHAM is here, a current with the Senator that an American cit- clearly not the primary function. JAG officer in the U.S. Air Force who izen can join in a war against the Mr. GRAHAM. Does the Senator has studied these matters very closely United States. agree with me that if this Congress and has been engaged in this debate so Mr. GRAHAM. And they can be treat- chose to change the law and say that eloquently. I am delighted to have him ed as an enemy combatant in accord- an American citizen who has associ- here and to have his support on this ance with our laws? ated himself with al-Qaida cannot be amendment. Perhaps he has some com- Mr. SESSIONS. That is correct. interrogated for intelligence-gathering ments? Mr. GRAHAM. And the law of war al- purposes, we would be less safe? Mr. GRAHAM. Perhaps the Senator lows the following: trial or detention Mr. SESSIONS. Absolutely. Mr. GRAHAM. And that would be a will yield for a question? or both. Is that correct? Mr. SESSIONS. That is correct. change in the law as it exists today. Mr. SESSIONS. I will be pleased to. Mr. SESSIONS. Absolutely. Mr. GRAHAM. As I understand the Mr. GRAHAM. You can be held as an enemy combatant without trial? Mr. GRAHAM. Does the Senator purpose of this amendment, it is basi- agree with me that his amendment cally to have the Congress on record Mr. SESSIONS. That is correct. Mr. GRAHAM. There is no require- that says you can be acquitted but still for the concept that once you are de- be held as an enemy prisoner is con- termined to be an enemy combatant, a ment in international law to prosecute an enemy prisoner for a crime? sistent with the law today? part of the enemy force, there is no re- Mr. SESSIONS. I certainly believe it quirement to let you go at any certain Mr. SESSIONS. Absolutely. It is up to the detaining authority whether is. time because in war it would be silly to Mr. GRAHAM. I thank the Senator they believe a person has committed a let an enemy prisoner go back to the for offering this amendment. fight for no good reason. crime. To my colleagues, we are trying to As the Senator has indicated, in the Mr. GRAHAM. Does the Senator fight a war, not a crime, within the law of war, you can be prosecuted for a agree with me that we do not want to value systems of being the United war crime. You could be taken to a start the practice in the United States States, being the champion of the free Federal court and prosecuted for an act that everybody we capture as an enemy world. I do not believe in torturing peo- of terrorism, but if you are acquitted, prisoner is automatically a war crimi- ple, but I do believe—does the Senator that is not an event that would require nal because that could come back to agree with me that when it comes to us to release you if the evidence still haunt our own people in future wars? interrogating people, sometimes the Mr. SESSIONS. Absolutely. exists that you are a threat to the best tool is time? Mr. GRAHAM. That we should re- country and part of the enemy forces; Mr. SESSIONS. Absolutely. Someone serve prosecution for a limited class of is that correct? may not be willing to talk today, but persons among enemy prisoners? Mr. SESSIONS. That is correct. as time goes by they might be willing Mr. SESSIONS. That is correct. to completely change and be forth- Mr. GRAHAM. What I would like my The PRESIDING OFFICER (Mr. colleagues to understand is that no coming. CARDIN). The Senator has consumed 10 German prisoner in World War II had Mr. GRAHAM. Does the Senator minutes. agree with me that we gathered good the ability to go to a Federal judge and Mr. GRAHAM. I ask unanimous con- say: Let me go. intelligence over time from people held sent to have 1 more minute. at Guantanamo Bay? If you had brought up the concept in The PRESIDING OFFICER. The World War II that an American citizen Mr. SESSIONS. That is certainly Chair was informing the Senator that true. who was collaborating with the Nazis 10 minutes has elapsed. could not be held as an enemy combat- Mr. GRAHAM. Without water board- Mr. SESSIONS. I asked to be in- ing them? ant, you would have been run out of formed at 10. I see Senator SANDERS is Mr. SESSIONS. Absolutely. town. here. Mr. GRAHAM. My point to my col- Does the Senator agree with me that Mr. GRAHAM. Let’s just logically leagues—and I enjoyed this discus- in every war we have fought since the walk through this. In every war in sion—is that if you take the ability to beginning of our Nation, unfortu- which America has been involved, hold someone as an enemy combatant nately, there have been episodes where American citizens unfortunately have off the table, you cannot interrogate American citizens side with the chosen at times to side with the them for intelligence-gathering pur- enemy? enemy. Our courts say the executive poses, and if you put a time limit on Mr. SESSIONS. That is certainly branch can hold them as enemy com- how long you can hold them, you de- true. batants, and the purpose is to gather feat the purpose of gathering intel- Mr. GRAHAM. Does the Senator intelligence. Does the Senator agree ligence. Does the Senator agree with agree with me that our Supreme Court, with that? that? as recently as about 3 to 4 years ago, Mr. SESSIONS. That is a very impor- Mr. SESSIONS. Absolutely. That affirmed the fact that we can hold our tant purpose of that. would undermine one of the functions own as enemy combatants when the Mr. GRAHAM. The Senator has been of the U.S. military in dealing with en- evidence suggests they have joined a U.S. attorney; is that correct? emies of the state. forces with the enemy? That is the Mr. SESSIONS. That is correct. Mr. GRAHAM. Does my colleague law? Mr. GRAHAM. Does criminal law also agree that in this war, we provide Mr. SESSIONS. That is the law as I focus on intelligence gathering? a due process unlike any other war in understand it. Mr. SESSIONS. Absolutely not. It fo- the past? Mr. GRAHAM. Does my colleague cuses on punishment for a crime al- Mr. SESSIONS. There is no doubt. No agree with me that makes perfect ready committed, normally. war has ever been lawyered to the de- sense, that an American who helps the Mr. GRAHAM. Does the Senator gree this has. Nazis has committed an act of war, not agree that holding an enemy prisoner— Mr. GRAHAM. Does the Senator a common crime? one of the benefits of capturing some- agree with me that every enemy com- Mr. SESSIONS. That is correct. one is gathering intelligence? batant, citizen other otherwise, held at

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We never had, in the tion faces do not justify changing ex- connected to the Titan IV space-launch history of other wars, a Federal judge isting law, denying this country the vehicle program. That did not seem to determining whether the military has ability to gather intelligence even sour the relationship between Lock- the ability to determine whether some- against an American citizen joined heed and the DOD, which gave Lock- one is an enemy combatant, but we with al-Qaida, that that would be an heed $30.2 billion in contracts in fiscal have that in this war. Does the Senator unwise decision given the dangers year 2009—more than ever before. One agree with that? we’re facing? of the patterns we see is that a com- Mr. SESSIONS. Absolutely. Mr. SESSIONS. Yes. pany gets convicted or reaches a settle- Mr. GRAHAM. Does the Senator Mr. GRAHAM. Does he agree with me ment with regard to charges of fraud, agree that the government has to prove that we need a legal system that un- but next year they continue to get very to an independent judge by a prepon- derstands the difference between fight- significant contracts. derance of the evidence that the person ing a war and fighting a crime? In another case regarding one of the is a member of al-Qaida involved in Mr. SESSIONS. So well said. I agree. very large defense contractors, Nor- hostilities? Mr. GRAHAM. I thank the Senator. throp Grumman paid $62 million in 2005 Mr. SESSIONS. Yes. Mr. SESSIONS. Mr. President, with to settle charges that ‘‘it engaged in a Mr. GRAHAM. So everybody held regard to the question of citizenship, I fraud scheme by routinely submitting after judicial review for the first time would just say to my colleague that false contract proposals’’ and ‘‘con- in the history of warfare. this in no way deals with that. What- cealed basic problems in its handling of Does the Senator agree with me that ever the courts, whatever the bill and inventory, scrap and attrition.’’ De- the annual review process that we have other laws say about citizenship will spite that serious charge of pervasive created by this law, this bill, the De- apply here. It does not change that sta- and repeated fraud, Northrop Grum- fense Authorization Act, is something tus at all. I do believe the legislation is man received $12.9 billion in contracts we have not done in other wars? clearly consistent with the statements the following year, 16 percent more Mr. SESSIONS. We have not done and testimony of President Obama; At- than the year before. that before, yes. torney General Eric Holder; Jeh John- It seems clear to me that we need to Mr. GRAHAM. Every detainee not son, counsel of the Secretary of De- do a much better job in terms of at- only gets their day in Federal court, fense; Secretary of State Clinton, and tacking fraud within the Department the government must prove they have others. of Defense. Several years ago, I offered a solid case to hold them as an enemy I urge acceptance of my amendment an amendment—which was passed— combatant, and everyone gets a yearly and yield the floor. which provided that the DOD list vir- review as to whether they are a con- The PRESIDING OFFICER. The Sen- tually all of the fraud committed with- tinuing threat? ator from Michigan. Mr. SESSIONS. I believe so, yes, con- in the DOD. We have that report, and it sistent with the language in the recent AMENDMENT NO. 1073 WITHDRAWN is rather astounding. People should Supreme Court opinions—recent opin- Mr. LEVIN. Mr. President, I ask read it. Right now what this amend- ions—and perhaps it even goes further unanimous consent that the Cardin ment does is it says to the DOD: Get than what the Supreme Court requires. amendment, No. 1073, be withdrawn. your act together, hire the necessary Mr. GRAHAM. Is the Senator famil- That has the approval of the sponsor of well-trained staff so they are moni- iar with competency hearings in the ci- the amendment. toring the contracts and making sure vilian court? The PRESIDING OFFICER. Without we do not continue to see the pervasive Mr. SESSIONS. Yes. objection, it is so ordered. The Senator amount of fraud committed against the Mr. GRAHAM. In our civilian law, we from Vermont. taxpayers of this country or the De- can hold people who are a danger to Mr. SANDERS. Mr. President, I want fense Department. I would hope very themselves or others without a trial to say a word about two amendments I much that amendment gets widespread but with judicial oversight; is that cor- have offered, both of which I think are support and that we see it passed. rect? important and both of which should be There is another amendment we have Mr. SESSIONS. That is done every agreed to. offered, which I think is equally impor- day, yes, with judicial oversight. As I think you know, this country tant, and that deals with making sure Mr. GRAHAM. Would the Senator has a recordbreaking deficit and a $15 the Department of Defense—which agree with me that it is very smart to trillion national debt. What many peo- turns out to be the largest single con- evaluate whether we should allow ple do not know is that one of the rea- sumer of energy in the United States of someone to be let go and intelligence sons our deficit is as high as it is is be- America. Obviously, the Department of professionals should be able to make cause there is a significant amount of Defense has huge resources, controls that decision as to whether the indi- fraud from defense contractors who sell huge numbers of buildings, has enor- vidual is a military threat, that that is their products to the Department of mous aircraft, and so forth and so on. a logical process? Defense. It is by far the single largest consumer Mr. SESSIONS. Absolutely it is. And I think the American people are very of energy in the United States, ac- just for the fact of my amendment, it clear that when we pay one dollar for a counting for approximately 90 percent does not require people to be held. It product that goes to our military, we of Federal energy consumption, with only gives the government the author- want to get one dollar’s worth of value; an annual energy cost of up to $18 bil- ity to do so if they deem it appropriate that we do not want to see the tax- lion. So the Department of Defense for the defense of America. payers of this country or the Depart- spends $18 billion on energy costs Mr. GRAHAM. Does my colleague ment of Defense ripped off because of alone. I think, in recent years, the De- agree with me that the recidivism rate fraudulent contractors. Unfortunately, partment of Defense has understood of people we are releasing from Guan- fraud within the DOD in terms of pri- the importance of trying to move to- tanamo Bay has gone up? vate contractors is widespread. ward energy efficiency in terms of sav- Mr. SESSIONS. Yes. It is extraor- During the last number of years, we ing energy, but we have a long way to dinarily disappointing, actually, and have seen company after company en- go. against projections of many of those gaged in fraud, including some of the The major program to help cut en- advocating for early release. largest defense contractors in the ergy consumption and costs at our

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The tees and the Committee on Foreign Rela- though a relatively small program. amendment is fully offset and paid for tions of the Senate and the Committee on by reducing expenditures on construc- Foreign Affairs of the House of Representa- This program has operated for more tives assessing the effectiveness of the Coali- than 10 years, helping to invest in pro- tion at overseas’ bases, while still leav- tion Support Fund reimbursements to the grams for more energy-efficient light- ing nearly $300 million in funding for Government of Pakistan for operations con- ing, for example, at an Air Force base that purpose. I think that is a decent ducted in support of Operation Enduring in Alaska, geothermal heating at Fort offset. Freedom. Knox Army Base in Kentucky, wind I applaud the Department of Defense (b) ELEMENTS.—The report required under turbines for an Army base in Arizona, and the military for the strides they subsection (a) shall include the following ele- have made so far in investing in energy ments: and solar power for the Air Force in (1) A description of the types of reimburse- Colorado. efficiency and renewable energy. There are some wonderful projects going on ments requested by the Government of Paki- Historically, according to the De- stan. partment of Defense, every $1 used by all over this country—in fact, all over (2) The total amount reimbursed to the the Energy Conservation Investment the world—under the DOD, and they Government of Pakistan since the beginning Program yields $2 in savings. We invest deserve credit for that. They can and of Operation Enduring Freedom, in the ag- in energy efficiency; we invest in sus- should be a leader for our country, but gregate and by fiscal year. tainable energy. For every $1 invested, we still have a very long way to go. (3) The percentage and types of reimburse- I would ask for support from my col- we save $2. This makes it a very posi- ment requests made by the Government of leagues for this amendment, which will Pakistan for which the United States Gov- tive program for the DOD. Some save the Department of Defense money, ernment has deferred or not provided pay- projects, such as energy efficiency im- will help break our dependency on for- ment. provements at a Navy base in Cali- eign oil, move us to energy independ- (4) An assessment of the effectiveness of fornia, achieve greater than $15 in sav- ence, and cut greenhouse gas emis- Coalition Support Fund reimbursements in supporting operations conducted by the Gov- ings for every $1 invested. sions. The Department itself, the DOD, has ernment of Pakistan in support of Operation I yield the floor and note the absence Enduring Freedom and of the impact of stated this program achieves ‘‘long- of a quorum. term public benefits by investing in those operations in containing the ability of The PRESIDING OFFICER. The terrorist organizations to threaten the sta- technologies that increase economic ef- clerk will call the roll. bility of Afghanistan and Pakistan and to ficiency and health benefits, build new The legislative clerk proceeded to impede the operations of the United States sources of renewable energy, enhance call the roll. in Afghanistan. job creation/retention, improve mili- Mr. MCCAIN. Mr. President, I ask (5) Recommendations if any, relative to po- tary facilities, and improve the quality unanimous consent that the order for tential alternatives to or termination of re- of life for our troops and their fami- the quorum call be rescinded. imbursements from the Coalition Support lies.’’ The PRESIDING OFFICER. Without Fund to the Government of Pakistan, taking Unfortunately, the authorization for objection, it is so ordered. into account the transition plan for Afghani- The Senator from Arizona. stan. this program in the current Defense (c) FORM.—The report required under sub- authorization bill is $135 million, a rel- AMENDMENT NO. 1230, AS MODIFIED, WITHDRAWN section (a) shall be submitted in unclassified atively small amount of money for a Mr. MCCAIN. I ask unanimous con- form, but may contain a classified annex. Department of Defense which spends sent to withdraw McCain amendment Mr. CORKER. Mr. President, I wish about $18 billion every year on energy. No. 1230, as modified. to speak briefly about this amendment. The PRESIDING OFFICER. Without I think what we want to see is, A, the I think most people in this body under- objection, it is so ordered. DOD save money through energy effi- stand we are reimbursing the Pakistani Mr. MCCAIN. I suggest the absence of ciency and sustainable energy and, sec- military for efforts they are putting ondly, become a model for the country a quorum. The PRESIDING OFFICER. The forth on behalf of what we are doing in as we attempt to break our dependence clerk will call the roll. Afghanistan in Enduring Freedom. We on fossil fuel, foreign oil, and we at- The assistant legislative clerk pro- have crafted an amendment that asks tempt to cut back on greenhouse gas ceeded to call the roll. for certain reporting to take place emissions. Mr. CORKER. Mr. President, I ask from the Pentagon and for them to I can tell you that in the State of unanimous consent that the order for look at ways of diminishing this reim- Vermont, we have our National Guard the quorum call be rescinded bursement over time as we wind down base, where we have worked with them The PRESIDING OFFICER. Without our operations in Afghanistan. to install a major solar installation objection, it is so ordered. This amendment has been drafted in which will pay a significant part of AMENDMENT NO. 1172, AS MODIFIED such a way as to not further escalate their electric bill. Frankly, I would Mr. CORKER. Mr. President, I ask tensions between us and the Govern- like to see this done on National Guard unanimous consent that a modification ment of Pakistan. This is a good-gov- bases all over the country and to the to amendment No. 1172 be accepted. ernment type of amendment that asks Active-Duty structures as well. The PRESIDING OFFICER. Is there the Pentagon to begin looking at ways The bottom line is, we are currently objection? of decreasing the support we are giving spending about $135 million, a rel- Without objection, it is so ordered. to the Pakistani military on our behalf atively small amount of money com- The amendment (No. 1172), as modi- regarding Afghanistan as we wind down pared to the $18 billion energy bill run fied, is as follows: our operations there simultaneously. up by the DOD. What this amendment (Purpose: To require a report assessing the It is my understanding that both the would do is increase the authorization reimbursements from the Coalition Sup- chairman and ranking member of the for the Energy Conservation Invest- port Fund to the Government of Pakistan Armed Services Committee have ac- ment Program to $200 million, up from for operations conducted in support of Op- eration Enduring Freedom) cepted this, there is no hold from the $135 million—not anywhere near as At the end of subtitle B of title XII, add majority on the Foreign Relations much as I think we should be doing, the following: Committee, and I hope we will have an but it is a step forward in helping the SEC. 1230. REPORT ON COALITION SUPPORT opportunity to vote and pass this by Department of Defense save money on FUND REIMBURSEMENTS TO THE voice vote very soon. their energy bill, break our dependence GOVERNMENT OF PAKISTAN FOR With that, I yield the floor. on foreign oil, and help us cut green- OPERATIONS CONDUCTED IN SUP- The PRESIDING OFFICER. The Sen- PORT OF OPERATION ENDURING house gas emissions. FREEDOM. ator from Arizona. We know there remain many worthy (a) IN GENERAL.—Not later than 120 days Mr. MCCAIN. Mr. President, I support projects at our military bases that after the date of the enactment of this Act, the amendment, as modified, by the

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Senator from Tennessee, Mr. CORKER, ghanistan originate within Pakistan. Afghan troops and civilians as well as U.S. who has devoted a great deal of time These are facts. We cannot deny them. soldiers. For example, we believe the and effort and thought to this issue, Any effective strategy for Pakistan Haqqani Network—which has long enjoyed the support and protection of the Pakistani and the result is this amendment. I and Afghanistan must proceed from government and is, in many ways, a stra- point out that it would require the Sec- this realistic basis. tegic arm of Pakistan’s Inter-Services Intel- retary of Defense to prepare a report It is for this reason that I believe ligence Agency—is responsible for the Sep- on the effectiveness of coalition sup- this amendment and this report would tember 13th attacks against the U.S. em- port fund reimbursements made to be extremely useful. Already, in re- bassy in Kabul. Pakistan in support of coalition mili- sponse to recent Pakistani activities, He goes on to say: tary operations in Afghanistan. the administration has chosen to with- This is ample evidence confirming that the Before I proceed, let me once again hold coalition support fund reimburse- Haqqanis were behind the June 28th attack express my deep condolences to the ments to Pakistan. Over the past two against the Inter-Continental Hotel in Kabul families of the Pakistani soldiers who quarters, that withheld money and the September 10th truck bomb attack were killed this weekend in a cross- amounts to roughly $600 million. I can that killed five Afghans and injured another 96 individuals, 77 of whom were U.S. border air action. All Americans are imagine that, amid the current ten- soldiers... deeply saddened by this tragedy, and I sions, further administration requests Finally, another comment by Admi- fully support NATO and the U.S. mili- to Congress for reimbursement of coa- ral Mullen who, by the way, worked tary in their commitment to conduct a lition support funds for Pakistan will very hard for a long period of time to thorough and expeditious investiga- not be forthcoming. develop a close working relationship tion. The report requested in this amend- with General Kayani and other mili- As my colleagues will recall—this is ment would seek additional informa- tary leaders in Pakistan. He went on to an important aspect of Senator tion on the amounts, types, and effec- say: CORKER’s amendment—Congress has tiveness of coalition support fund reim- authorized and appropriated funding bursements to the Government of The Quetta Shura and the Haqqani Net- work are hampering efforts to improve secu- for coalition support fund reimburse- Pakistan. It also would seek rec- rity in Afghanistan, spoiling possibilities for ments to Pakistan since we began our ommendations as to the future disposi- broader reconciliation, and frustrating U.S.- military operations in Afghanistan. At tion of this program, including poten- Pakistan relations. The actions by the Paki- the time, Pakistan made a strategic tial alternatives to it or the possible stani government to support them—actively decision to support the U.S. war effort termination of it altogether. That op- and passively—represents a growing problem against the Taliban government in Af- tion cannot be ruled out. This is valu- that is undermining U.S. interests and may ghanistan and their al-Qaida terrorist able information and recommendations violate international norms, potentially war- allies. In response, Congress and the to have as Congress continues to dis- ranting sanction. In supporting these groups, the government of Pakistan, particularly the Bush administration agreed to reim- cuss and debate not just the future of Pakistani Army, continues to jeopardize burse the Pakistani Government for the coalition support fund reimburse- Pakistan’s opportunity to be a respected and military activities that support our ments to Pakistan but the future of prosperous Nation with genuine regional and mission in Afghanistan. our relationship with Pakistan more international influence. Over the past decade, Congress has broadly. I strongly support this amend- Finally, I wish to say again this is an provided billions of dollars worth of ment. incredibly difficult challenge for U.S. these reimbursements to Pakistan, and Again, I don’t want to spend too security policy. We have a country on we should acknowledge that much good much time stating the facts. This is a which we are dependent in many re- has come of it. Over the past few years terrible dilemma. The fact is that spects for supplies, for cooperation, for, in particular, Pakistan has shifted tens Pakistan is a nuclear nation. They hopefully, not to be a sanctuary, al- of thousands of their soldiers from the have a significant nuclear inventory. though it is not the case, for Taliban eastern border of their country oppo- The fact is that for 10 years we and and al-Qaida elements. We have a coun- site India to the tribal areas in western Pakistan had virtually no relations. try that is a nuclear power, and we Pakistan. Pakistani troops have been We found that not to be a productive have a country that has a government deployed and engaged in military oper- exercise. But at the same time, when that I will say charitably is very weak. ations in their western provinces and there exists—as my colleague from It seems to me the Corker amend- tribal areas for more than 2 years Tennessee agrees—two fertilizer fac- ment is important for the American straight. They have paid a heavy price tories from which come the majority of people to know exactly where we are, in this prolonged fighting. the materials used for the majority of what policy we are going to formulate, Hundreds of Pakistani troops have IEDs manufactured and that are kill- and what measures need to be taken, given their lives to fight our mutual ing young Americans, it is not toler- because we have, as I mentioned ear- terrorist enemies in their country, and able. I understand, as I have said ear- lier, spent billions of U.S. taxpayers’ thousands of Pakistani civilians have lier in my comments, the tragedy that dollars. That doesn’t play very well in been tragically murdered in the same resulted from the deaths of these States such as mine where we have 9 time by these militant groups who young Pakistani soldiers. I also under- percent unemployment and more than show no compunction about attacking stand, as every one of us does, what it half—or just less than half the homes weddings and funerals and mosques. We is like to call a family member of a underwater. So the Corker amendment honor the sacrifice of Pakistan’s sol- young man or woman who has lost isn’t all we need. In fact, we need to diers, and we mourn the loss of inno- their life in Afghanistan, which has have a national debate and discussion cent Pakistani civilians. happened many times, as a result of an about the whole issue of our relations It must be noted, however, that cer- IED. with Pakistan. But I believe the Corker tain deeply troubling realities exist In a hearing of the Armed Services amendment is a very important meas- within Pakistan. It must be noted that Committee, the then-Chairman of the ure so we can assure the American peo- elements in Pakistan’s army and intel- Joint Chiefs of Staff ADM Mike ple that not only are their tax dollars ligence service continue to support the Mullen, stated: wisely spent but that actions are being Haqqani Network and other terrorist The fact remains that the Quetta Shura taken to prevent needless wounding groups that are killing U.S. troops in and the Haqqani Network operate from Paki- and death of our brave young men and Afghanistan, as well as innocent civil- stan with impunity. women who are serving in the military. ians in Afghanistan, India, and Paki- I wish to repeat, these are the words Mr. President, I yield the floor. stan. It must also be noted that the of the former Chairman of the Joint The PRESIDING OFFICER. The Sen- vast majority of the materials for im- Chiefs of Staff. ator from Michigan. provised explosive devices that are Extremist organizations serving as proxies Mr. LEVIN. Mr. President, I support maiming and killing U.S. troops in Af- of the government of Pakistan are attacking the amendment of the Senator from

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.000 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18370 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 Tennessee. It is a balanced amendment and, on the other hand, purporting to The PRESIDING OFFICER. Is there which deals with a very complex situa- help us through the protection of sup- further debate on the amendment? tion. What Senator CORKER is doing is plies going through Pakistan, helping Without objection, the amendment, pointing out very important facts. One us succeed in Afghanistan. as modified, is agreed to. is that Pakistan has received a lot of We cannot have it both ways. They The amendment (No. 1172), as modi- funds from the United States for this cannot have it both ways. This amend- fied, was agreed to. particular purpose which is aimed at ment sends a very significant and im- Mr. LEVIN. I move to reconsider the helping the success of our operations in portant message, I believe, to the Paki- vote. Afghanistan. The whole purpose of the stanis and to our coalition allies and to Mr. MCCAIN. I move to lay that mo- coalition support fund is to reimburse our Afghan partners that what is going tion on the table. Pakistan for the support they pro- on inside Pakistan has to come to an The motion to lay on the table was vide—for instance, in providing secu- end. I believe this will help bring that agreed to. rity for trucks and other equipment important result about. So I very much Mr. LEVIN. Mr. President, I believe that is going through Pakistan that support the amendment of Mr. CORKER, Senator CANTWELL will want to be rec- have oil, fuel, food going into Afghani- the Senator from Tennessee, and hope ognized. stan to support the effort in Afghani- we can adopt it. I suggest the absence of a quorum. stan. That is the purpose of these If there is no further debate about The PRESIDING OFFICER. The funds. It is a good purpose. This is not it—there may be others who do want to clerk will call the roll of the Senate. a foreign aid deal; this is a reimburse- debate, so I yield the floor. The legislative clerk proceeded to The PRESIDING OFFICER. The Sen- ment deal. call the roll. The problem is that while on the one ator from Tennessee. Ms. CANTWELL. Mr. President, I ask Mr. CORKER. Mr. President, because hand the Pakistanis are assisting us, unanimous consent that the order for of the tremendous cooperation of the on the other hand they are assisting the quorum call be rescinded. Senator from Michigan and the Sen- our enemy and the enemy of mankind The PRESIDING OFFICER. Without ator from Arizona—obviously, my goal and the enemy of the Afghan people objection, it is so ordered. is to call for this amendment to be and the enemy of the coalition forces Ms. CANTWELL. Mr. President, we adopted—I did not provide a lot of con- in Afghanistan. That is the problem. continue to make progress on the De- text because I know they both support That is the dilemma which we all face fense authorization bill. Hopefully this amendment. But I want to thank and which this amendment seeks to ad- somewhere in the Halls of Congress, we them both for their comments. are also making progress on the FAA dress. Again, it does so in a way which I do not think there are two Senators authorization bill and, maybe before doesn’t prejudge the outcome of the as- who can better articulate the issue we the end of the year, getting that to a sessment, but it makes a very impor- face in Afghanistan with Pakistan, final resolve. tant point, which is, as is now stated in which is both a friend and a foe on I know my colleagues on both sides the amended final paragraph, that we many occasions. None of us who have of the aisle are working very hard, but need recommendations given this ‘‘on traveled to Afghanistan—I know these I had to come to the Senate floor at the one hand they are with us, on the two Senators have probably more than this moment to say that Christmas other hand they are against us’’ situa- most, but all of us who have been there came early in the Northwest today tion. We need recommendations from have heard our generals talking about when a major deal between the Boeing the administration, if any, relating to the fact that they are fighting a war in Company and aerospace workers, ma- potential alternatives to or termi- Afghanistan that is really being led nation of reimbursements for the coali- and directed out of Pakistan. chinists, resolved what had been a con- tion support fund, the Government of So basically we have an issue here. I flict in the past on how to work to- Pakistan, taking into account the think the two Senators have articu- gether. transition plan for Afghanistan. lated the issue very well. The fact is, A new relationship of working to- I agree with my friend from Arizona we need to know, first of all, if what we gether on incentives and efficiency and that we send condolences to the fami- are doing in support of the Pakistan performance has resulted in the Boeing lies of troops in Pakistan who have re- military is effective for us, and the two Company making a decision to build cently lost their lives. We also have to Senators have outlined that is a big the next-generation 737 MAX plane in understand that Pakistan has paid a issue. the Pacific Northwest. That is great huge price for terrorism in their coun- The second piece is how we are actu- news for aerospace workers in Puget try against their people. They have ally reimbursing. If you talk with folks Sound. It means there is going to be a paid a massive price. But what is unac- at the State Department, we literally skill set for building fuel-efficient ceptable to us is that they are making are going through reams of invoices planes for many years to come. But it us pay a price by providing a safe and documents, looking at how many is a great testament to both the com- haven for the Haqqanis and for the bullets they have used, how much food pany and the workers who—a year ago Quetta Shura. Our troops, our families, has been supplied to the military, what you probably heard more about the coalition troops, coalition families, Af- is going to be counted, what is not NLRB issue, and now what you are ghan troops, and Afghan families are going to be counted. We are spending hearing about is an agreement on a paying a heavy price because of the more time, in many ways, accounting multiyear contract that is going to get Pakistan support through their ISI for for this than we are really looking at these workers jobs in building planes the insurgency in Afghanistan. how effective the aid is. with the next-generation technology. Admiral Mullen, a former Chairman This amendment would deal with This is very big and important news of the Joint Chiefs of Staff, put it very both of those issues. I thank the Sen- not just for the Pacific Northwest but succinctly. He said the Haqqani Net- ators for putting this in the proper for the country because it means we work is a veritable arm of the Pakistan context, and I do hope, with the Sen- can come together to resolve dif- intelligence service. When he was ators’ support and the support of the ferences. I would hope the Senate pressed on that formulation, he said he chairman of the Foreign Relations might apply some of the same things meant every word of it. Committee, that this is an amendment because the dispute as to where these So we have to send an important we can voice vote. I thank both Sen- two organizations were about how to message to Pakistan, and the message ators for their leadership on this issue proceed to the future obviously had a is that we want a normal relationship but also for putting this in the appro- lot of discussion, even here on the Sen- if we can have one, but we cannot have priate context. ate floor, and yet now today we see a normal relationship if you are, on the I yield the floor. them coming together in a huge mile- one hand, supporting the very people Mr. MCCAIN. Mr. President, I urge stone agreement that means more who are attacking us in Afghanistan adoption of the amendment. planes are going to be built, in an

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The Constitution says quite on ‘‘indictment of a Grand Jury.’’ which many people want because they clearly: In the trial of all crimes—no The sixth amendment says: are so fuel-efficient, on time. exception—there shall be a jury, and In all criminal prosecutions— So for the Northwest to have this the trial shall be held in the State Not some, not by exception; in all kind of boost, this shot in the arm, at where said crimes have been com- criminal prosecutions— this point in time is really important. mitted. Clearly, the Founding Fathers the accused shall enjoy the right to a speedy I expect that as this agreement and the were talking about a civilian court, of and public trial, by an impartial jury of the agreement details are seen by many which the U.S. person is brought before State and district wherein the crime shall people, they will see this really is a in its jurisdiction. have been committed.... way forward for the Northwest to con- They talk about treason against the I go on to these because I regard all tinue to be at the top of the aerospace United States, including war in the of these rights as inherent to U.S. citi- game. That is important because the United States. The Constitution says it zens, granted to them by their birth in United States needs to be at the top of ‘‘shall consist only in levying War the United States. the aerospace game. We are facing against them, or in adhering to their If we go on through the Constitu- tough competition from many coun- Enemies, giving them Aid and Comfort. tion’s amendments, we find in the four- tries such as China and Europe and The following sentence is instructive: teenth amendment that it says: others that are trying to lure the man- No person— No State shall make or enforce any law— ufacturing base away from the United ‘‘No person,’’ it says— Any law— States. shall be convicted of Treason unless on the What we see in the Northwest is that which shall abridge the privileges or immu- Testimony of two Witnesses to the same nities of citizens of the United States.... not only do you have a company such overt Act, or on Confession in open Court. as Boeing, but you have a chain of I realize these powers have been de- I would say that pretty clearly, fined by courts. But we would recall many suppliers that are also working ‘‘open court’’ is likely to be civilian to make aerospace manufacturing in that even Abraham Lincoln ex post court. facto lost his ability to suspend the the United States one of the key indus- Further, the Constitution goes on, tries in which the United States is writ of habeas corpus pursuant to a Su- that when a person is charged with preme Court decision; that in the case world premier. treason, a felony, or other crime, that So I say congratulations to both the of Hamdi v. Rumsfeld, the Court did person shall be ‘‘removed to the State company and to the machinists and to recognize that under the 2001 statute, having Jurisdiction of the Crime’’— Machinists International for their hard the President is authorized to detain once again contemplating civilian, work on inking this deal. I hope it will persons captured while fighting U.S. State court and not the U.S. military. bring much benefit and economic forces in Afghanistan. But I will re- As everyone knows, we have amended growth not just to Puget Sound—cer- call—and, by the way, this included the Constitution many times. The tainly to there—but to the rest of the American citizens—I will recall that fourth amendment of the Constitution country as well. was in Afghanistan. is instructive here. It says: I yield the floor. Clearly, we see in the case where an The PRESIDING OFFICER. The Sen- The right of the people to be secure in American citizen has gone to a foreign ator from Illinois. their persons, houses, papers, and effects, jurisdiction, joined a terrorist organi- against unreasonable searches and seizures— AMENDMENT NO. 1126 zation or foreign military, and is wag- Including, by the way, the seizure of Mr. KIRK. Mr. President, I rise in ing war on the United States, they can the person support of the Feinstein amendment be held as a detainee of the U.S. mili- with regard to section 1031 of this legis- shall not be violated, and no Warrants shall tary. Why didn’t this legislation say lation. I am particularly worried be- issue, [except] upon probable cause, sup- that? Why did it not restrict its pur- ported by Oath or affirmation, and particu- cause, unlike the authorized use of larly describing the place to be searched, and view to those provisions? In Padilla v. force original doctrine and legislation the persons or things to be seized. Hanft, the Fourth Circuit did allow the capture of a U.S. citizen, Padilla—by passed by the Congress, we limited the Now, in section 1031(b)(2), I do not see the way, arrested at O’Hare Airport, a authority of the President and the U.S. the requirement for a civilian judge to U.S. citizen and held in military deten- military to those connected directly to issue a warrant. So it appears this leg- tion. The Fourth Circuit said because the September 11 mass murder of islation directly violates the fourth he had foreign training and a foreign Americans. I think, in times of emer- amendment of the Constitution with connection that it was legal to hold gency, I understand that. But the legis- regard to those rights which are in- him. lation would be the first congressional alienable, according to the Declaration But, remember, very soon thereafter authorization to go far beyond that, to of Independence, and should be invio- the Bush administration surrendered say that any ‘‘person who . . . substan- late as your birth right as an American this case. I think the Bush administra- tially supported al-Qaeda, the Taliban, citizen. tion realized they were about to lose in or associated forces’’—undefined—‘‘ Recall the fifth amendment, which the Supreme Court on the subject of . . . including any person who has com- says: mitted a belligerent act’’ would be al- whether the U.S. military could arrest No person— lowed to be picked up by U.S. military and detain a U.S. citizen and to deprive authorities and held in U.S. military By the way, remember, ‘‘no person’’; them of their rights and subject them detention. there is not an exception here. only to review under a petition of ha- While I am in favor of robust and No person shall be held to answer for a cap- beas corpus. I think they realized they flexible U.S. military action overseas, ital, or otherwise infamous crime, unless on had to kick Padilla into the civilian including action against American citi- a presentment or indictment— court system, and therefore they did. It zens waging war against the United Hear the words— is only in that context that we should States, such as Anwar Al-Awlaki, I of a Grand Jury, except in cases arising in read the Padilla decision. think we all should agree on a special the land or naval forces, or in the Militia, I think the bottom line is this: We zone of protection inside the jurisdic- when in actual service in time of War— funded a multihundred-billion-dollar tion of the United States on behalf of Meaning there is a separate jurisdic- Department of Defense, in the words of U.S. citizens. tion for U.S. citizens who are in the the movie, to put men on that wall, I say this in support of the Feinstein uniformed service of the United States. that we need on that wall, to defend us amendment because I took the time— But unless you are in the service of the against foreign threats, and they must as we all should from time to time, United States, you are one of those ‘‘no do hard and difficult things, including

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Is it not true that ac- U.S. citizens inside their own country. two Republicans to vote against this. cording to that decision, the U.S. Su- One of the first things a person does That is why so many e-mails and let- preme Court, whom we ask to interpret when they join the U.S. military is not ters that I have received in the last few the Constitution of the United States— to swear allegiance to a President or to hours support this decision. they have made many interpretations a foreign leader but actually swear al- I understand that others have a dif- over the years—says there is no bar to legiance to the Constitution of the ferent view. They describe the United this Nation’s holding one of its own United States and to its rights. States as a battlefield. I would say that citizens as an enemy combatant. What is the whole purpose of the is on overly harsh determination of Now, one would think to the casual Constitution? It is to defend our rights how cheaply our rights can be held; observer that is exactly what the U.S. against the government because we are that we have a multihundred-billion- Supreme Court meant. It is fairly plain one of those unique governments that dollar Defense Department; that we language, not really complicated. I am ‘‘posits’’ a limited government and have a substantial and capable FBI; not a lawyer, but how the Senator from which rights are reserved according to that we have enormous State and city Illinois, quoting from inalienable the 10th amendment to the States or and local police establishments, all rights, can somehow totally disregard the individuals; that our rights super- with the capabilities to investigate and in every way what the U.S. Supreme sede the government’s. So we cannot prosecute crimes, but under the Con- Court says—they go on to say we hold say for an individual, for example, in stitution of the United States; and that that ‘‘citizens who associate them- Wisconsin, who has never been abroad, if we hold U.S. citizens as capable of selves with the military arm of the who may or may not have committed losing their rights on an executive enemy government’’—and I believe, in an act or may or may not have one as- branch decision, that not beyond the the view of most, they would view that sociation, that suddenly the U.S. mili- shadow of a doubt but on a lower stand- as a member of al-Qaida, which this tary can roll in on that person, seize ard of care, that in the executive legislation specifically addresses. We him or her, hold them in military de- branch’s view a person is connected to hold that ‘‘citizens who associate tention, and only subject review of one of those things, then our rights are themselves with the military arm of that case by one habeas corpus peti- not worth very much. the enemy government and with its I would say the whole purpose of the tion. aid, guidance and direction,’’ which is Constitution is to hold our rights high- I would argue, then, that all of our exactly, basically, the language of our er than the government and subject rights as American citizens hang on legislation, ‘‘aid, guidance and direc- only to review by a civilian court. That the decision of the President of the tion enter this country,’’ enter this review, as described in the Constitu- United States; that if the President of country, ‘‘bent on hostile acts are tion of the United States, is far more the United States decides a person is enemy belligerents within the meaning than a habeas corpus review. The text substantially part of al-Qaida, the of the law of war.’’ of the Constitution specifically refers Taliban, or associated forces engaged How can anything be more clear to in hostilities against the United States to grand jury indictment. For those who have questions, I the Senator from Illinois? I mean, it is or they have committed a belligerent would urge them, first, take a moment beyond belief. It is beyond belief. act or supported such hostilities in aid They then go on and talk about the to reread the Constitution, that first of such forces, all of their rights as an Civil War, the U.S. Supreme Court document which, as a member of the American citizen are now forfeited. does. They talk about the Civil War. U.S. military or as an elected Member Clearly, that is not the case. They talk about a code binding the of this body, we have to swear alle- The Founding Fathers understood Union Army during the Civil War that giance to, and then make up their the power of the state run amok under captured rebels would be treated as minds. I think when they do, they will a distant king who did not regard the prisoners of war. So a citizen, no less support the Feinstein amendment. rights of the individual as worth much. I yield the floor. than an alien, can ‘‘be part of or sup- We founded a republic and then wrote a The PRESIDING OFFICER (Mr. porting forces hostile to the United constitution to defend those rights. TESTER). The Senator from Arizona. States or coalition partners and en- While we face a very difficult and dan- Mr. MCCAIN. Mr. President, I must gaged in an armed conflict against the gerous world overseas and have to do admit that I have heard some bizarre United States.’’ difficult and dangerous things, which I arguments in my time as a Member of Now, after 9/11, we declared that we support, we should make sure there is this body in referencing the Constitu- were at war with al-Qaida. Is that cor- a place for peace and justice and rights tion of the United States as a basis for rect? inside the United States. the argument. Now, it is my under- Mr. GRAHAM. Yes. So for us, in looking at this provi- standing my friend from South Caro- Mr. MCCAIN. So we are at war. We sion, the Feinstein amendment clearly lina—I ask unanimous consent to enter have American citizens who are enemy limits the scope of this legislation in into a colloquy with the Senator from combatants. Yet the Senator from Illi- an appropriate way—that we do the dif- South Carolina. nois, in the most bizarre fashion that I ficult things overseas. But the whole The PRESIDING OFFICER. Without have heard, says, therefore, they are purpose of the Department of Defense objection, it is so ordered. guaranteed the protections of—as he is to defend the United States and Mr. MCCAIN. It is my understanding said—a trial. those rights inside our country, but that under the Constitution, it is the I mean, I do not get it. Maybe the that we as U.S. citizens, especially Supreme Court of the United States Senator from South Carolina can ex- when we are inside this country, have that gives the interpretation of the plain. inalienable rights which cannot be sep- Constitution as to various laws and Mr. GRAHAM. I will be glad to yield arated from us by any executive ac- challenges to the Constitution. It is to my friend from Illinois. Let me just tion; that we can only be held, incar- their responsibility. Is that a correct try to set the stage the best I can. And cerated, that we can only have our lib- assumption? I would love to have Senator LEVIN erties taken away from us on indict- Mr. GRAHAM. Yes, it is. weigh in and anyone else. ment of a grand jury, before a civilian Mr. MCCAIN. So our colleague from The law, as it exists today, to my court, and with a presumption beyond Illinois who continues to quote from good friend from Illinois, has long held

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So we have robust due process. enemy has said that we view that as an meaning they will have criminalized But please understand what the Fein- act of war and we apply the law of war. the war, the Congress will have re- stein amendment is about. It is about So our Supreme Court, in the Hamdi stricted executive branch power. the Congress of the United States, the case just a few years ago, upheld the To make it clear—please understand, Senate of the United States, for the ruling in the In re Quirin case, which I say to Senator FEINSTEIN—the courts first time in American history, re- went back to World War II. of the United States have acknowl- stricting the ability of the executive In that case, we had American citi- edged that the executive branch can branch to hold an American citizen zens assisting Nazi saboteurs. The Su- hold an American citizen as an enemy who is collaborating with the enemy preme Court ruled that citizenship sta- combatant when they engage and as- and question them under the law of tus does not prevent someone from sist the enemy. The courts of the war. If we do that to ourselves, we will being treated as part of the enemy United States recognize the power of regret it. I don’t want to be in the first force when they choose to join the the executive to do that as Commander Congress, in the times in which we live, enemy. in Chief. to change the law to deny our intel- Why is this important? My good The question for us is, Do we want to ligence community and the Depart- friend from Illinois is an intel officer. be the first Congress in the history of ment of Defense the ability to deal Intelligence gathering is part of war. the Nation to say to the executive with American citizens who have de- An enemy combatant can be interro- branch that they no longer have that cided on their own to become part of gated by our military intelligence com- power given to them by the courts, in- al-Qaida. The day one decides they are munity without Miranda rights. They herent with being Commander in Chief, going to side with al-Qaida, they have can be held for an indefinite period of to protect us against enemies foreign committed an act of war against the time to be questioned about past, and domestic. rest of us, and the courts acknowledge present, and future attacks. The Su- I argue to my colleagues, given the they can be held as an enemy combat- preme Court has legitimized that proc- threats we face from homegrown ter- ant, not a common criminal. ess because the individual in question rorism, from al-Qaida groups and their The question for the Congress is, Do was an American citizen captured in affiliates, that now is not the time to we want to undo that in the times in Afghanistan. change the law preventing our military which we live? I plead with everybody He pled to the Court: You cannot intelligence community from holding in this body, get yourself educated hold me as an enemy combatant be- an American citizen who is helping the about what the law is today. I ask Sen- cause I am an American citizen. enemy on the homeland and prevent ator LEVIN, we have done nothing to The Court said: No, there is a long them from gathering intelligence. change the law in this bill; is that cor- history in this country of having I argue that the reason no other Con- rect? American citizens who collaborate gress has done this in past wars is be- Mr. LEVIN. Not only does 1031, the with the enemy to be held as an enemy cause it didn’t make a lot of sense. I overall section, not change the law, it combatant. argue that if a Senator came to the incorporates it, according to the ad- Unfortunately, in every war we have floor of the Senate during World War II ministration’s own statement of policy engaged in, American citizens have and suggested that an American citizen on what the current law is. The Sen- provided aid and comfort to the enemy. who sided with the Nazis to sabotage ator is right. There is nothing in here In World War II we had American citi- American interests here could not be which in any way affects habeas cor- zens assisting Nazi saboteurs. held as an enemy combatant, they pus, nor should we seek to do so. Ha- Mr. MCCAIN. Was not one of the would have been run out of town be- beas corpus remains exactly as it is. most famous cases a woman whose cause most citizens would say anybody We could not change it if we wanted to, name was Tokyo Rose, who propa- who helps the enemy—citizen or not— and we don’t want to. gandized—she was an American citizen. is a threat to our country. While the Senator asked me a ques- She propagandized on behalf of the Unlike other wars, we do have due tion, I wish to answer a question with Japanese when we were in the war. process that exists today that never ex- a question to him. Is it not true that Afterwards she was given a military isted before. No Nazi soldier was able for the first time, we provide that trial. to go to a Federal court and say: where there is going to be an Mr. GRAHAM. Yes. The point is—— Judge, let me go. The reason I have unprivileged enemy belligerent who Mr. MCCAIN. Not a civilian trial, not agreed, and the courts have applied ha- could be held in long-term detention given her Miranda rights, but tried by beas review to enemy combatant deter- under the law of war—for the first time military tribunal. mination, is this is a war without end. we provide a judge and a lawyer to that Mr. GRAHAM. Right. What we have How does one become an enemy com- person; is that right? done in the Military Commissions Act batant? The executive branch makes Mr. GRAHAM. That is correct, and in 2009, civilians, American citizens the accusation. They have to follow the we have been working on that together cannot be tried in military commis- statutory criteria. This is a limited for 5 years. To respond, if I may, be- sions. It can only go to Federal court. group of people in a limited classifica- cause I think it is a very good discus- But the point we are trying to make is tion. American citizen or not, if some- sion, does the Senator agree with me it has been long held in this country one falls into this group, they can be that under the law that exists today, in that when an American citizen abroad held as an enemy combatant. But the terms of the Supreme Court rulings, an or on the homeland decides to help the executive branch has to prove to an American citizen can be held as an enemy, we have the right to hold them, independent judiciary that the case is enemy combatant? not under a criminal theory but under sufficient, and under the law the judge Mr. LEVIN. I read this yesterday, the law of war because their effort to has to agree with the military; we have and I will read it again now. The Sen- help the enemy, I say to my good an independent judiciary looking over ator is right. I don’t know how any- friend from Illinois, is an act of war the shoulder of the military in this body reading this can reach any other against their fellow citizens. war, unlike at any other time. So the conclusion but what the Supreme This is so important. If we deny our government has to prove to a Federal Court says, not because they are right country the ability to hold and interro- judge, by a preponderance of the evi- or wrong but because of the Supreme gate an American citizen who has dence, that this person is, in fact, an Court: ‘‘There is no bar to this Nation’s

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Does the Senator abroad, they have committed an act of rest of us. agree that in past wars American citi- war against our citizens, and the Su- I hope and pray this Senate will not, zens, unfortunately, have collaborated preme Court has acknowledged that for the first time in American history, with the enemy? the executive branch has the power to deny our ability to interrogate and find Mr. LEVIN. They have, and they hold them as an enemy combatant. The intelligence from those citizens who have been treated as enemy combat- question is, Are we going to change choose to associate with the enemy on ants. that and say in the 21st century, in our soil, because if we do that, it will Mr. GRAHAM. Does he agree with me 2011, every American citizen who be a deviation from the law that has that in World War II some American chooses to cooperate with al-Qaida can existed at a time when we need that citizens agreed to assist the Nazis and no longer be interrogated for intel- law the most. were held as enemy combatants? ligence-gathering purposes by our De- The PRESIDING OFFICER. The Sen- Mr. LEVIN. I agree. partment of Defense and our intel- ator from Illinois. Mr. GRAHAM. Does the Senator ligence community; that they have to Mr. KIRK. Mr. President, I will yield agree it is good policy to hold and in- go into the criminal justice system to Senator FEINSTEIN in a minute. I ap- terrogate someone who is helping al- right off the bat, where they are given preciate the debate with my friends Qaida to find out what they know? a lawyer and are read their Miranda and mentors. The three of us who were Mr. LEVIN. It is good policy. If they rights? If we do that, we are going to just debating were all military officers, decline, under the procedures under our deny ourselves valuable intelligence. but we have different views. We are language, the person should be first in- We would be saying to our citizens that dangerously close to being similar to terrogated for whatever length of time we no longer treat helping al-Qaida as the House of Representatives, where those procedures provide—by the FBI, an act of war against the rest of us. they have face-to-face debate. I appre- local police or anybody else. They have If one suggested during World War II ciate that. the right to do that. that someone who collaborated with The law that should not be changed Mr. GRAHAM. Does the Senator the Nazis should be viewed as a com- is the Constitution of the United agree that the criminal justice system mon criminal, most Americans would States, and we realize the regulations is not set up to gather military intel- have said: No, they turned on their fel- of the United States have force, that ligence? low citizens and they are now part of the statutes of the United States have Mr. LEVIN. Yes. the enemy. greater force, and the Supreme Court Mr. MCCAIN. To interrupt, briefly, I All I want to do is keep the law as it decisions have even greater force. But wonder—in the interpretation of the is because we need it now more than no document is above the actual words Senator from Illinois of the Constitu- ever. I am sensitive to due process. of the Constitution. I will say those tion of the United States—if it is an There is more due process in this war. words are our birthright as American American citizen, say, somewhere over Every enemy combatant being held at citizens. in Pakistan, who is plotting and seek- Guantanamo Bay, captured in the The sixth amendment says you shall ing to destroy American citizens, it is United States, has to go before a Fed- be secure in your person and that shall OK for us to send a predator and fire eral judge. The military has to prove not be violated and no warrant shall and kill that person, but according to their case to a Federal judge. There is issue except upon probable cause— the interpretation of the Senator from an annual review process. That makes meaning that a court has made that Illinois, if that person were appre- sense to me. What doesn’t make sense decision. Your first amendment rights hended in Charleston planning to blow to me is for this country and this Sen- say that no person—and there is no ex- up Shaw Air Force Base, then that per- ate to overturn a power that makes ception in the Constitution—shall be son would be given his Miranda rights, eminent sense when we need it the held to answer for capital or otherwise how in the world does that fit? most. It doesn’t make sense to set infamous crimes, unless presentment Again, this is one of the more bizarre aside a Supreme Court case that ac- or indictment of a grand jury. discussions I have had in the 20-some knowledges that when an American By the way, I am talking specifically years I have been a Member of this citizen affiliates with al-Qaida, that is about a U.S. person inside the jurisdic- body. an act of war against the rest of us and tion of the United States. Our sixth Mr. GRAHAM. Under the law as it ex- to criminalize that conduct, denying us amendment right says that in all ists today, an American citizen can be the ability to gather intelligence. If we criminal prosecutions, the accused held as an enemy combatant. The ques- go down that road, we have weakened shall enjoy the right of a speedy and tion we are debating on the floor—Sen- ourselves as a people, without any public trial. Our fourteenth amend- ator FEINSTEIN is saying that in the fu- higher purpose. ment right says no State shall make or ture an American citizen who is To those American citizens thinking enforce any law which shall abridge the deemed to have collaborated with al- about helping al-Qaida, please know privileges or immunities of the citizens Qaida or the Taliban or others could no what will come your way: death, deten- of the United States. These are, with- longer be held as an enemy combatant tion, prosecution. If you are thinking out question, for U.S. citizens. There is for an indefinite period, which means about plotting with the enemy inside a balancing act between the threats we we cannot gather military intelligence our country to do the rest of us harm, perceive. We know the threats from as to what they know about past, please understand what is coming your foreign enemies and terrorists. That is present, and future attacks. way: the full force of the law. well known to us, especially the new I argue we would be the first Con- The law I am talking about is the law generation of Americans who witnessed gress in history to bring about that re- of armed conflict. You subject yourself the mass murders of September 11. sult and that now would be the worst to being held as an enemy of the people The Founding Fathers were also time in American history to do that. If of the United States, interrogated wrestling with another threat—the we cannot hold a citizen who is sus- about what you know and why you did threat of the state, the government pected of assisting al-Qaida under the what you did or planned to do, and you itself, against its own individuals and law of war, the only option is to put subject yourself to imprisonment and the abuse of power. We would forget them in the criminal justice system. death. The reason you subject yourself the lesson of history, unless we under- Then we cannot hold them indefinitely, to that regime is because your decision stood that is a threat as well. We are and we cannot ask about present, past to turn on the rest of us and help a told there will be no intelligence ben- or future attacks because now we are group of people who would destroy our efit if a U.S. citizen who is arrested

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That tion carries the potential to become a means information into the intelligence com- is the Supreme Court in Hamdi. for oppression and abuse of others who do munity and can be used. There is no bar to this Nation’s hold- not present that sort of threat. One of the key ideas behind our ing one of its own citizens as an enemy Continuing on page 24: American government is it is not what combatant. We reaffirm today the fundamental nature we do, it is how we do it. One of the If you join an army and attack us, of a citizen’s right to be free from involun- things missing in section 1031 is who is you can be treated as an enemy com- tary confinement by his own government the decider. The decider in this case is batant. The Supreme Court has said so without due process of law, and we weigh the the suspicion of being part of the al- more than once. opposing governmental interests against the Qaida, the Taliban, or committing that My unanimous consent request is the curtailment of liberty that such confinement belligerent act, but we have no court following: that the Senator from Cali- entails. making the decision. As an American, fornia be recognized first for whatever It then goes on, referring to the you no longer have a right to the civil- comments she wishes to make, then Hamdi case, on page 26: ian court system, and those rights are the senior Senator from Illinois be rec- We therefore hold that a citizen-detainee inherent to you and are your birthright ognized to speak on whatever subject seeking to challenge his classification as an as an American citizen. he wishes—on the amendment of the enemy combatant must receive notice of the We should make sure that what we Senator from California or whatever— factual basis for his classification, and a fair opportunity to rebut the government’s fac- do here and now is that we understand and then Senator MERKLEY’s amend- your rights; that as an American cit- tual assertions before a neutral decision- ment be in order to be called up by maker. izen you can only be incarcerated on Senator MERKLEY. Then to quote from Justice Scalia’s indictment by a grand jury, which is by The PRESIDING OFFICER. Is there opinion, which is important com- a preponderance of evidence; and then objection? conviction is beyond the shadow of a Without objection, it is so ordered. mentary on the 1942 case Ex parte doubt. Under this language, if you are The Senator from California. Quirin, he says: accused of being part of al-Qaida or the Mrs. FEINSTEIN. I thank the distin- The government argues that our more re- Taliban, or of committing an act, you guished manager of the bill, and I say cent jurisprudence ratifies its indefinite im- to the distinguished senior Senator prisonment of a citizen within the territorial can be held subject to only one habeas jurisdiction of Federal courts. It places pri- review on a preponderance of evidence. from Illinois, who is here, I will try to mary reliance on Ex parte Quirin, a World Most Americans think you can only be relatively brief. But I would also say War II case upholding the trial by military be convicted of a crime in the United that seldom do we get an opportunity commission of eight German saboteurs, one States beyond the shadow of a doubt by on the floor of the Senate to debate of whom, Hans Haupt, was a U.S. citizen. a jury of your peers. But if this is what is fundamental to this American Justice Scalia concludes: passed, that is no longer true. We want democracy. In a sense, I am pleased This case was not this Court’s finest hour. to make sure the decider always is a ci- this issue has now been aired publicly Mr. President, the difference today is vilian article III court. We are talking because I think we can address it di- that we as a Congress are being asked, about a very specific definition here in- rectly. for the first time certainly since I have side the jurisdiction of the United Senator DURBIN, I also want to thank been in this body—and I believe since States among American citizens. your colleague, the junior Senator the senior Senator from Illinois has I agree we can kill Anwar al-Awlaki, from Illinois, Senator KIRK, for his co- been in this body—to affirmatively au- who is making war on the United sponsorship of this amendment. States from a foreign jurisdiction. But The fact of the matter is, the original thorize that an American citizen can when we are inside the United States, draft of this defense bill had this lan- be picked up and held indefinitely the whole point of the U.S. military guage in it: without being charged or tried. That is a very big deal, because in 1971 we and our establishment is to defend our The authority to detain a person under rights, and those rights cannot be this section does not extend to the detention passed a law that said you cannot do taken away from us by any executive of citizens or lawful resident aliens of the this. This was after the internment of action. They can only be taken away United States on the basis of conduct taking Japanese-American citizens in World from us by action of a civilian court, place in the United States except to the ex- War II. It took that long, until 1971, by a jury of our peers and by their deci- tent permitted by the Constitution of the when Richard Nixon signed the Non- United States. sion beyond a shadow of a doubt. Detention Act, and that law has never With that, I yield for the Senator That was removed from the bill. Es- been violated. from California, whose amendment I so sentially, what we are trying to do is The Quirin case was not about wheth- strongly support. put back in that you cannot indefi- er a U.S. citizen captured during war- The PRESIDING OFFICER. The Sen- nitely detain a citizen—just a citizen— time could be held indefinitely, but ator from Michigan. of the United States without trial. Due rather whether such an individual Mr. LEVIN. Mr. President, I want one process is a basic right of this democ- could be held in detention pending trial quick moment to respond and then I racy. It is given to us because we are by military commission. The recent will propound a unanimous consent re- citizens of the United States. And due case of an American put into military quest. process requires that we not authorize custody, of course, was Jose Padilla, We couldn’t change the Constitution indefinite detention of our citizens. and there was a good deal of con- here if we wanted to, and nobody does Where I profoundly disagree with the troversy over the years about his case. want to. And that includes the right of very distinguished chairman and rank- He was ultimately transferred out of habeas corpus. All the constitutional ing member of the Armed Services military custody, tried and convicted rights which the Senator from Illinois Committee is by saying that Ex parte in a civilian court. talked about are constitutional rights. Quirin established the law for U.S. citi- What we are talking about here—and They are there. They are guaranteed. zens in this area that still holds. It I am very pleased Senator KIRK and They couldn’t be changed by the Con- does not. I went to the Hamdi opinion, Senator LEE have joined us as cospon- gress if we wanted to, and I hope no- and I wish to read some of the plurality sors in this—is the right of our govern- body wants to change those rights. opinion as written by Justice O’Con- ment, as specifically authorized in a But what the Senator ignores, and nor. This first quote is from page 23 of law by Congress, to say that a citizen what has been ignored generally here, her opinion. of the United States can be arrested

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We understand that who is an American—who is planning ator from Illinois. taking that oath may mean that we to kill our people, bomb our buildings— Mr. DURBIN. Mr. President, let me are accepting due process, and due not to be held indefinitely under the say at the outset what an extraor- process says a fair day in court for laws of war? I believe it is a different dinary job my colleague from Cali- someone accused of a crime. Other situation when it comes to American fornia has done. There was a time in countries dispense with that. They citizens. What if it is an innocent American history, before law schools, don’t need a trial. They find someone American we are talking about? What when people read the law and practiced suspected of a crime, whatever it might if it is someone who was in the wrong the law. The Senator from California be, that person is given summary exe- place at the wrong time? The beauty of has not only read the law, she has writ- cution, and that is the end of the story. our Constitution and our law is it gives ten many laws, and her competence in No questions asked. every citizen the right of review—re- advocating this important constitu- We don’t do it that way in America. view by a court, and this is what the tional question has been proven over We establish standards of conduct and Hamdi decision is all about. The de- and over. So I thank her for having the justice, and particularly as it relates to fense bill on the floor, as written, determination and courage to stand up the people who live in America, our would take us a step backward. The for her convictions against some who citizens and legal residents who are in bill, as written, would say an American would be critical of anyone who the United States. That is what this citizen can be picked up, can be held broaches the subject. debate is about. for the length of hostilities—is that 5 This is a controversial subject. We This is an important bill, S. 1867. It years, 10 years, 15 years, 20 years, 25 are talking about the security of Amer- comes up every year in a variety of dif- years, 30 years—without a trial. I say icans. We are talking about terrorism. ferent forms, and we are lucky to have that is wrong. I say that is not the way We all remember a few years ago when Senator CARL LEVIN and Senator JOHN this democracy was set up. And I also our lives were interrupted—a time we MCCAIN who put more hours into it say that is totally unnecessary because will never forget—when terrorists at- than we can imagine to write the bill to authorize the Department of Defense our federal courts work well to pros- tacked the United States and killed to do its job. It is the best military in ecute terrorists. We can go back to the 3,000 innocent American people on 9/11. the world, and their hard work makes Shoe Bomber, as a case in point. We We came together in this Congress, Democrats and Republicans, and said certain that it stays in that position. can go back to Abdulmutallab as a case But this provision they have added in we need to keep this country safe; that in point. We can go back to the record this bill is a serious mistake—serious. we never want that to happen again. So of the Federal courts prosecuting over It is serious enough for me to support 400 terrorists since 9/11. we passed new laws, suggested by Senator FEINSTEIN in her efforts to I want to thank Senator DURBIN for President George W. Bush, and enacted change and remove the language. Why? his interest in this issue and his co- by Democrats and Republicans in Con- First, we know the law enforcement sponsorship of this amendment. It is gress. officials in the United States of Amer- very much appreciated. I don’t know We created new agencies, such as the ica, the Attorney General’s Office, the whether we can win this, but I think it TSA security agency at airports and FBI have done a good job in keeping is very important that we try and I we empowered our intelligence America safe. They have arrested over know we are getting more and more branches—which Senator FEINSTEIN 300 suspected terrorists in the United support as people learn more about has a particular responsibility for as States—over 300 of them—and they what this bill does. I think it is very chairman of the Senate Intelligence have tried them in the criminal courts important that we build a record in Committee—by giving them more peo- of America, on trial, in public, for the this body, because I have no doubt this ple, more technology, and more author- world to see that these people will be is going to be litigated. I hope we are ity, and we said to them, keep us safe. held to the standards of trial as an successful with this amendment. I hope We said to our military: We want you American citizen. Of those 300, they we can protect the rights of Americans. to be the best in the world and con- have successfully prosecuted over 300 Mr. President, as we have occasion to tinue to be, and we will provide the re- alleged terrorists, then incarcerated look at people in Guantanamo, we sources for that to happen. Then we them in the prisons of America, includ- know there are people there who were turned, as Senator FEINSTEIN has ing Marion, IL, in my home State, in the wrong place at the wrong time. noted, to the Federal Bureau of Inves- where they are safely and humanely in- If they are going to be held forever, tigation and said: We are going to dra- carcerated. that is a mistake, and we don’t want matically increase your numbers and The message to the world is: We are the same thing to happen to American give you the technology you need to going to keep America safe, but we are citizens in this country. keep us safe. going to do it by playing by the rules This is another example of how we Here we are some 10 years later, and that make us America. Due process is are over-militarizing things that aren’t what can we say? We can say thanks to one of those rules, and it has worked. broken. As I have said previously here the leadership of President George W. It has worked under two administra- on the floor, I don’t see a need for the Bush and Barack Obama, 9/11 was not tions. military to go around arresting Ameri- repeated—and we never want it re- Now comes this bill and a suggestion cans. The national security division of peated. that we need to change the rules. The the FBI now has some 10,000 people. We can also say, with very few excep- suggestion is, in this measure, that we They have 56 field local offices with tions, in the 10 years since 9/11 that we will do something that has not been special agents who are well equipped to have done all these things consistent done in America before. Section 1031 of arrest terrorists and also interrogate with America’s values and principles. this bill, for the first time in the his- them. Certainly the Justice Depart- Other countries—and we see them even tory of America, will authorize the in- ment is equipped to prosecute terror- today—faced with uncertainty and in- definite detention of American citizens ists in Federal criminal court. The con- security throw out all of the rules of in the United States. This is unprece- viction rate and the long sentences human conduct even to the point of dented. In my view, as chair of the achieved shows their success. killing their own people in the streets Constitution Subcommittee of Senate I am hopeful we will be able to pass to maintain order. Thank God that Judiciary, it raises serious constitu- this amendment and change the bill to never has occurred in the United tional concerns.

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Senator LEVIN and Senator MCCAIN stand by our principles and values and with the enemy at times. In re Quirin disagree. In an op-ed piece for the still keep America safe. We will trust is a 1942–1943 case that involved Amer- Washington Post, they recently wrote: the Federal Bureau of Investigation ican citizens assisting German sabo- No provision in the legislation expands the and the Department of Justice to suc- teurs. They were held under the law of authority under which detainees can be held cessfully prosecute suspected and al- war because the act of collaborating in military custody. leged terrorists. We will not surrender with the enemy was considered an act But look at the plain language of sec- our principles even as we fight ter- of war, not a common crime. tion 1031. There is no exclusion for U.S. rorism every single day. So the law of the land by the courts citizens. So the question is, If we be- Now, this bill changes, unfortu- is that an American citizen can be held lieve an American citizen is guilty or nately, a fundamental aspect of that. It as an enemy combatant. That has been will be guilty of acts of terrorism, can says if an American citizen is detained the law for decades. we detain them indefinitely? Can we ig- and suspected to be involved in ter- What Senator FEINSTEIN would do is nore their constitutional rights and rorism with al-Qaida or other groups, change that. The Congress would be hold them indefinitely, without warn- they can be held indefinitely without saying we cannot hold an American ing them of their right to remain si- being given their constitutional rights. citizen as an American combatant. lent, without advising them of their I appreciate that Senator LEVIN and I do appreciate the time. Now, let me right to counsel, without giving them Senator MCCAIN have said they are tell you why I think that is important. The Senator is a very good lawyer. the basic protections of our Constitu- willing to consider excluding U.S. per- Under the domestic criminal law, we tion? I don’t believe that should be the sons, but section 1031 doesn’t. I hope cannot hold someone indefinitely and standard. they do. question them about enemy activity: I listened to Senator MCCAIN. He I want to address a couple state- What do you know about the enemy? makes a pretty compelling argument: ments that have been made by my Re- What is coming? What were you doing? Wait a minute. You are telling me that publican colleagues. I like them and re- Where did you train? Under domestic if you have someone in front of you spect them. criminal law, we can’t question some- who you think is a terrorist who could I would say to Senator GRAHAM, my body in a way that would put them in repeat 9/11, you are going to read their colleague and friend from South Caro- jeopardy. lina, I listened to Senator LEVIN tell us Miranda rights to them? Under military intelligence gath- Well, as an American citizen, yes, I privately and publicly over and over ering we can question an enemy pris- would. I would say to Senator MCCAIN again: What we have here doesn’t oner without them having a lawyer to the same argument would apply if that change the law. Then I listened to your be able to find out how to defend Amer- person in front of me was not a sus- arguments on the floor saying: Well, ica. If we can’t hold this person as an pected terrorist but a suspected serial the law needs to be changed. That is enemy combatant, the only way we can killer, a suspected sexual predator; we why we are doing this. So I am strug- hold them is under domestic criminal read them their Miranda rights. We be- gling to figure out if Senator LEVIN and law. When the interview starts and the lieve our system of justice can work Senator GRAHAM have reconciled. guy says: I want my lawyer; I don’t with those rights being read. Mr. GRAHAM. May I respond? want to talk to you anymore—under Do you remember the case about 2 Mr. DURBIN. I want the Senator to the criminal justice model there is a years ago of the person who was on the respond, but I want to ask point blank, very limited time we can hold them or airplane, the Underwear Bomber, is there an exclusion currently in the question them without reading them Abdulmutallab? He was coming to the law for U.S. citizens under section 1031 their rights or giving them a lawyer. United States to blow up that airplane and whether or not under 1031 Amer- Under intelligence gathering our De- and kill all the people onboard, and ican citizens can be detained indefi- partment of Defense, the FBI, and the thank God he failed. He tried to ignite nitely? CIA can tell the individual: You are a bomb and his clothing caught on fire, Mr. GRAHAM. No. And there should not entitled to a lawyer. You have to and the other passengers jumped on not be. Could I finish my thought? sit here and talk with us because we him, subdued him, and he was arrested. Mr. DURBIN. Of course. want to know what you know about This man, not an American citizen, Mr. GRAHAM. Now, we are good present, past, and future attacks. was taken off the plane and interro- friends, and we are going to stay that If we can’t hold an American citizen gated by the Federal Bureau of Inves- way. But you keep saying something, who has decided to collaborate with al- tigation. After he stopped talking vol- Senator DURBIN, that is not true. The Qaida as an enemy combatant, we lose untarily, they read him his Miranda law of the land is that an American cit- that ability to gather intelligence. rights. We all know them from the izen can be held as an enemy combat- That is the change that Senator FEIN- crime shows that we watch on TV: the ant. It is the Hamdi decision, and I STEIN is proposing; that the law be right to remain silent, everything you quote: changed by the Congress to say enemy say can be used against you, the right There is no bar to this Nation’s holding combatant status can never be applied to retain counsel. He was read all those one of its own citizens as an enemy combat- to an American citizen if they collabo- things, and he shut. But that wasn’t ant. rate with al-Qaida. That would be a the end of the story. Hamdi was an American citizen cap- huge loss of intelligence gathering, it By the next day, they were back in- tured in Afghanistan fighting for the would be a substantial change in the terrogating him and they had con- Taliban. Justice O’Connor specifically law, and it would be the first time any tacted his parents, brought his parents recognized that Hamdi’s detention Congress has ever suggested that an to this country. He met with his par- could last for the rest of his life be- American citizen can collaborate with ents and turned and said: I will cooper- cause law of war detention can last for the enemy and not be considered a ate. I will tell you everything I know. the duration of the relevant conflict. threat to the United States from the He started talking, and he didn’t stop. The Padilla case involves an Amer- military point of view. I don’t want to At the end of the day, he was charged ican citizen captured in the United go down that road because I think that with terrible, serious crimes, brought States, held for 5 years as an enemy is a very bad choice in the times in to trial in Detroit, and pled guilty combatant, and the Fourth Circuit re- which we live. under our criminal system. Now, he viewed his case and said that we could So to my good friend, the law is clear wasn’t an American citizen, but even hold an American citizen as an enemy we can hold an American citizen as an playing by the rules for American citi- combatant. enemy combatant. The Congress is con- zens we successfully prosecuted this To my good friend from Illinois, templating changing that, and I think would-be bomber and terrorist. throughout the history of this country it would be a very bad decision in the What is the message behind that? American citizens in every conflict times in which we live to deny our abil- The message behind that is we will have, unfortunately, decided to side ity to hold an American citizen and

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18378 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 question them about what they know safe, if we have successfully prosecuted thing he knew over a period of time. It and why they decided to join al-Qaida. over 300 alleged terrorists in our crimi- worked. To argue that you cannot do Mr. MCCAIN. Mr. President, I ask for nal courts and 6 in military commis- this defies the experience with the regular order. What is the regular sions, why do we want to change it? Abdulmutallab. order? Mr. GRAHAM. Here is the point I am I want to say a word about the Hamdi The PRESIDING OFFICER. The Sen- trying to make. case. I listened as Senator FEINSTEIN ator from Illinois has the floor. Mr. DURBIN. Retaining the floor. read the Supreme Court decision. I do Mr. GRAHAM. Simply stated, if a Mr. GRAHAM. Thank you. And this not think the Supreme Court decision person decides to collaborate with al- is a very good exchange. stands for what was said by the Sen- Qaida in a very limited way, can we My view is that when we capture ator from South Carolina. I think what hold them? They have to be a member somebody at home and the belief is he said was inaccurate. I do not believe of al-Qaida or affiliated with it or be that they are now part of al-Qaida, Justice O’Connor went to the extent of involved in a hostile act. But if they do that if we want to read them their Mi- saying you can hold an American cit- those things, historically, American randa rights and put them in Federal izen indefinitely. citizens who chose to side with the court, we have the ability to do that. Let me also say when it comes to the Nazis—in this case, al-Qaida—have This legislation doesn’t prevent that Hamdi case, Hamdi was captured in Af- been viewed by the rest of us not as a from happening. ghanistan. He was captured on the bat- common criminal but as a military Does it, I ask Senator LEVIN? tlefield in Afghanistan, not the United threat. Mr. LEVIN. It does not. States. And Justice O’Connor, in that Now is not the time to change that. Mr. GRAHAM. But what Senator opinion, was very careful to say the We need that ability to question that FEINSTEIN is proposing is that no Hamdi decision was limited to ‘‘indi- person: Why did you join al-Qaida? longer do we have the option of holding viduals who fought against the United Where did you train? What do you the American citizen as an enemy com- States in Afghanistan as part of the know about what is coming next? And batant to gather intelligence, and we Taliban.’’ She was not talking about the only way we can get that informa- don’t have the ability to hold them for American citizens and their rights. She tion is to hold them as an enemy com- a period of time to interrogate them was talking about this specific situa- batant and take all the time we need to under the law of war. tion. protect this Nation and interrogate. What I would suggest to the Senator Now let’s go to the case of Jose Mr. DURBIN. I would like to reclaim is that the information we receive from Padilla. Jose Padilla, some will argue, the floor. Guantanamo Bay detainees has been is a precedent for the indefinite deten- Mr. GRAHAM. Yes, sir. I appreciate invaluable to this Nation’s defense. To tion of American citizens. But look at the exchange. those who believe it was because of what happened in the case of Padilla, a Mr. DURBIN. And would the Senator waterboarding, I couldn’t disagree U.S. citizen placed in military custody end that with a question mark? more. The chief reason we have been in the United States. The Fourth Cir- Mr. GRAHAM. And, was I right? able to gather good intelligence at cuit Court of Appeals, one of the most Mr. DURBIN. I thank my colleague Guantanamo Bay is because of time. conservative courts in our Nation, from South Carolina. The detainee is being humanely upheld Padilla’s military detention. What the Senator concluded with, treated, but there is no requirement Then, before the Supreme Court had though, I think is critical to this con- under military law to let the enemy the chance to review the Fourth Cir- versation. He said the only way to get prisoner go at a certain period of time. cuit’s decision, the Bush administra- to the bottom of whether there is an If you take away the ability to hold tion transferred Padilla out of military al-Qaida connection that could threat- an American citizen who has associ- custody and prosecuted him in an arti- en the United States is military deten- ated himself with al-Qaida to be held as cle III criminal court. tion. Well, the Abdulmutallab case ar- an enemy combatant, you can no I do not think that Hamdi or Padilla gues just the opposite. It was the Fed- longer use the technique of interro- makes the case that has been made on eral Bureau of Investigation that he gating him over time to find out what this floor. sat before and told all of the informa- he knows about the enemy. I want to say I think Senator FEIN- tion that the Senator has just dis- You are worried about prosecuting STEIN is proper in raising this amend- cussed. them. I am worried about finding out ment. I think the fact is that Hamdi is Mr. GRAHAM. May I respond and say what they know about future attacks. a U.S. citizen, but it does not stand for the Senator is right. They are not consistent. You can pros- the indefinite detention of U.S. citizens I am an all-of-the-above guy. I be- ecute somebody. That is part of the as this new law would allow. lieve that military and civilian courts law. What the Senator is taking away It troubles me that as good, as pro- should be used. from us is the ability to gather intel- fessional, as careful as our government When an American citizen is in- ligence. Our criminal justice system is has been to keep America safe, we now volved, does the Senator agree with me not set up to gather intelligence. have in a Defense authorization bill an that military commissions are off the Mr. DURBIN. I want to reclaim the attempt to change some of the most table? floor. I know Senator MCCAIN is anx- fundamental, constitutional principles Mr. DURBIN. So the Senator is argu- ious for me to conclude and there is in America. This bill went through a ing that every President should have something he is anxious to do quickly, great committee, our Armed Services all the options, criminal courts as well but I will try to do this in appropriate Committee, but not through the Judi- as military commissions and tribunals? time for the gravity of the issue before ciary Committee which has specific Mr. GRAHAM. Absolutely. us. subject matter jurisdiction over our Mr. DURBIN. Well, what is the dif- But to suggest the only way we can Constitution. It did not go through the ference, then, with what the Senator is get information about a terrorist at- Intelligence Committee. And for the standing for and what is the current tack on the United States by al-Qaida record, the provisions in this bill— situation? From my point of view, our and other sources is to turn to the which some have said are not that sig- Presidents—President Bush and Presi- military commissions and tribunals nificant, that much of a change—are dent Obama—since 9/11, have used both, and not use the FBI and not use the opposed by this administration, op- with more success on the criminal Department of Justice defies logic and posed by the Secretary of Defense, courts side—dramatically more success experience. Abdulmutallab, the Under- Leon Panetta, who received a 100-to- on the criminal courts side. wear Bomber, a member of al-Qaida, nothing vote of confidence from the The obvious question that Senator failed in his attempt to bring down U.S. Senate when he was appointed, op- FEINSTEIN poses is, if the system isn’t that plane, interrogated successfully posed by our Director of National In- broken, if the system is keeping us by the FBI, basically told them every- telligence, who says these provisions

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Did she cite that with these agencies of government, which the facts of the case. approval? work day in, day out, 24–7 to keep us Mr. DURBIN. I am sorry but she did. Mr. DURBIN. I would say there was safe, tell us not to pass these provi- The quote: some reservation in citing it. I say to sions because it does not make Amer- . . . individuals who fought against the the Senator, our difficulty and dis- ica safer, it jeopardizes our security, United States in Afghanistan as part of the agreement is the fact we are dealing why are we doing it? Taliban. with a specific individual captured on Senator FEINSTEIN has the right ap- Mr. LEVIN. She did not limit it to the field of battle in Afghanistan with proach: Let us try to preserve some of that. She described the facts of that the Taliban. the basic constitutional values here. I case. Mr. LEVIN. I understand. think we can. I hope my colleagues will Mr. DURBIN. She limits it to that Mr. DURBIN. We are not talking take care before they vote against case. If I could make one response and about American citizens being arrested Feinstein. Despite the respect, which I then I will give the floor to the Sen- and detained within the United States share, that they have for our Armed ator. This is clearly an important con- and being held indefinitely without Services Committee and its leader- stitutional question and one where constitutional rights. ship—this is a matter of constitutional there is real disagreement among the Mr. LEVIN. My question, though— importance and gravity. It is impor- Members on the floor. I think it is one my question is: Did Justice O’Connor tant for us to take care and not to that frankly we should not be taking say that, in Quirin, that one of the de- change our basic values in the course up in a Defense authorization bill but tainees alleged that he was a natural- of debating a Defense authorization ought to be considered in a much ized United States citizen, we held bill. Let’s keep America safe but let’s broader context because it engages us that—these are her exact words: also respect the basic principle that at many levels in terms of constitu- Citizens who associate themselves with the American citizens are entitled to con- tional protections. military arm of the enemy government, and stitutional rights. The indefinite de- Mr. LEVIN. I agree with the Senator with its aid, guidance and direction enter tention of an American citizen ac- that Justice O’Connor said what the this country bent on hostile acts, are enemy cused—not convicted, accused of ter- Senator said she said. Would the Sen- belligerents within the meaning of . . . the law of war. rorist activity—the indefinite deten- ator agree with me that Justice O’Con- tion runs counter to the basic prin- nor said: Did she say that? ciples of the Constitution we have There is no bar to this Nation’s holding Mr. DURBIN. I can tell the Senator sworn to uphold. one of its own citizens as an enemy combat- there were references in there to the I yield the floor. ant. case, but the Supreme Court has never The PRESIDING OFFICER (Mrs. Would the Senator agree that she ruled on the specific matter of law HAGAN). The Senator from Michigan. said that? which the Senator continues to read. Mr. LEVIN. I wonder if the Senator Mr. DURBIN. As it related to Hamdi Until it rules, we will make the deci- will yield for a question. Would the captured in Afghanistan. sion in this Department of Defense au- Senator agree that the majority opin- Mr. LEVIN. Would the Senator agree thorization bill, and it is not an affir- ion in Hamdi said the following: she said that, however? mation of current law because there There is no bar to this Nation’s holding Mr. DURBIN. As it related to Hamdi, has been no ruling. one of its own citizens as an enemy combat- of course. The PRESIDING OFFICER. The Sen- ant. Mr. LEVIN. I am giving the Senator ator from Arizona. Mr. DURBIN. I would respond by say- an exact quote. I know the facts of the Mr. MCCAIN. Isn’t it true that Jus- ing Justice O’Connor in that decision case. tice O’Connor was specifically referring said: Mr. DURBIN. I can read the whole to a case of a person who was captured on Long Island? Last I checked, Long [A]s critical as the Government’s interest paragraph rather than the sentence. may be in detaining those who actually pose Mr. LEVIN. You already have. Given Island was part—albeit sometimes re- an immediate threat to the national security the facts of the case. I understand the grettably—part of the United States of of the United States during ongoing inter- facts of the case, that it was somebody America. national conflict, history and common sense captured in Afghanistan. My question Mr. LEVIN. She is quoting with ap- teach us that an unchecked system of deten- is, of the Senator: Would he agree that proval from the Quirin case in which tion carries the potential to become a means Justice O’Connor said—she is talking one of the detainees was—— for oppression and abuse of others who do about this case, of course—— Mr. MCCAIN. Captured in the United not present that sort of threat. . . . States of America. We therefore hold that a citizen-detainee, Mr. DURBIN. Yes. seeking to challenge his classification as Mr. LEVIN. ‘‘There is no bar to this Those are the facts of the case. enemy combatant, must receive notification Nation holding one of its own citi- The PRESIDING OFFICER. The Sen- of the factual basis for his classification, and zens’’? ator from South Carolina. a fair opportunity to rebut the Government’s Mr. DURBIN. Captured on the field of Mr. MCCAIN. Madam President, I am factual assertions before a neutral decision- battle in Afghanistan. afraid we have to move to the amend- maker. Mr. LEVIN. Would the Senator agree ment of Senator MERKLEY, who has Mr. LEVIN. Would the Senator agree that the Justice said the following, been very patient. that specifically referred to there is that a citizen, no less than an alien, Mr. LEVIN. According to a unani- that a citizen being held as an enemy can be ‘‘part of or supporting forces mous consent agreement which was en- combatant is—excuse me. Would the hostile to the United States or coali- tered into—— Senator agree that what he read refers tion partners’’ and ‘‘engaged in an The PRESIDING OFFICER. The Sen- to the exact statement of the Justice armed conflict against the United ator from Michigan. that a citizen who is held as an enemy States,’’ and would pose the same Mr. LEVIN. I understand Senator combatant is entitled to certain threat of returning to the front during MERKLEY was going to be recognized rights? Would the Senator agree that the ongoing conflict? Would the Sen- next to offer his amendment. That was that, by its own terms, says that a cit- ator agree that she said that? according to the unanimous consent

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So it would lead to the absurd re- consent agreement, which was entered ask unanimous consent for 1 more sult that we could not detain him to into—— minute. gather intelligence, but we believe that Mr. MCCAIN. Can I ask the indul- The PRESIDING OFFICER. Without we are authorized—by the way, I gence—— objection, it is so ordered. agreed with the administration taking The PRESIDING OFFICER. The Sen- Mr. GRAHAM. That is the point. Why that step to take out Mr. al-Awlaki, ator from Arizona. would you say that if you are in Af- who was a great danger to our country Mr. MCCAIN. Could I ask the indul- ghanistan, we can blow you up, put you overseas. So the language as written gence of my friend from Oregon, that in jail forever, but if you make it here, would lead to that absurd result that the Senator from South Carolina be al- all of a sudden we cannot even talk to would tie the administration’s hands, lowed 2 minutes, and the Senator from you about being part of al-Qaida. What that they can actually kill these indi- New Hampshire be allowed 5 minutes? a perverse outcome, to say if you make viduals, but they can’t detain them Would that be all right with the Sen- it to America, you are home free; you under military custody and interrogate ator from Oregon? cannot be interrogated by our military them to make sure we can find out Mr. MERKLEY. Yes. or our CIA; you get a lawyer. And that what they do know and what other at- Mr. MCCAIN. I thank him for his is the end of the discussion. That is tacks are being planned against the courtesy too. I say to the Senator from what you would be doing. That is United States of America. Illinois, this is an important debate crazy. No Congress has ever decided to Also with respect to the language in and discussion. I appreciate his presen- do that in other wars. If we do that this amendment, the language itself is tation. I think a lot of people are get- here, we are changing the law in a way a defense lawyer’s dream. You can’t ting a lot of good information, on what that makes us less safe. That is not hold a U.S. citizen until the end of hos- is a very complex and very central going to be on my resume. tilities. Well, how long can you hold issue. I thank the Senator from Illi- It is not unfair to make an American them? I mean, it is not clear. There is nois. citizen account for the fact that they no language in that. This is going to be I yield. decided to help al-Qaida to kill us all litigated to heaven, and this is an area The PRESIDING OFFICER. The Sen- and hold them as long as it takes to where our intelligence professionals ator from South Carolina. find intelligence about what may be need clarity. This is going to create Mr. GRAHAM. Please understand coming next. And when they say ‘‘I more issues for the executive branch in what you are about to do if you pass want my lawyer,’’ you tell them ‘‘Shut an area that needs clarity and where the Feinstein amendment. You will be up. You don’t get a lawyer.’’ there needs to be some identified rules saying as a Congress, for the first time The PRESIDING OFFICER. The Sen- and they have to be focused on gath- in American history, an American cit- ator’s time has expired. ering intelligence to protect Ameri- izen who allies himself with an enemy Mr. GRAHAM. ‘‘You are an enemy cans. force can no longer be held as an combatant, and we are going to talk to Senator DURBIN has cited the enemy combatant. The In Re Quirin de- you about why you joined al-Qaida.’’ Abdulmutallab case on numerous occa- cision was about American citizens aid- The PRESIDING OFFICER. The Sen- sions as a way—as a great case as an ing Nazi saboteurs, and the Supreme ator from New Hampshire. example of how we can gather intel- Court held then that they could be held Ms. AYOTTE. Madam President, I ligence from enemy combatants to pro- as enemy combatants. So as much re- also rise in opposition to the amend- tect America. Let’s review the facts of spect as I have for Senator DURBIN, it ment offered by Senator FEINSTEIN, that case again. Fifty minutes into the has been the law of the United States and I certainly appreciate the com- interrogation, he was told: You have for decades that an American citizen ments of my colleague from South the right to remain silent. He exercised on our soil who collaborates with the Carolina. It would lead to an absurd re- that right because he was given Mi- enemy has committed an act of war sult that if we were in a situation randa warnings, and it was only 5 and will be held under the law of war, where an American citizen became a weeks later that we were actually able not domestic criminal law. That is the member of al-Qaida and from within to get through the Miranda warnings law back then. That is the law now. our country attacked Americans and after we went to his parents. Is that Hamdi said that an American cit- we could not gather the maximum the type of system we want? What hap- izen—a noncitizen has a habeas right amount of information from them to pened in that 5 weeks? What did we under law of war detention because make sure we could prevent future at- lose in terms of information that could this is a war without end. The holding tacks against our country—that is have protected America? of that case was not that you cannot what is at issue here. If we can’t hold an American citizen hold an American citizen, it is that you I would like to point out a couple of who has chosen to be a member of al- have a habeas right to go to a Federal issues that have not been addressed Qaida and has participated in a bellig- judge and the Federal judge will deter- with respect to Senator FEINSTEIN’s erent act against our country to ask mine whether the military has made a amendment. them what other attacks they are plan- proper case. It has nothing to do with If you look at the language of that ning and whom they are working with, an enemy combatant being held as an amendment, she says that the author- how are we going to get information to American citizen. What this amend- ity described in this section for the make sure that—God forbid—we can ment would do is it would bar the Armed Forces of the United States to prevent another 9/11 on our soil, be- United States in the future from hold- detain a person does not include the cause that is why they want to come to ing an American citizen who decides to authority to detain a citizen of the the United States of America. Also, associate with al-Qaida. United States without trial until the how do we deal with this issue of home- In World War II it was perfectly prop- end of hostilities. I think this provision grown radicals? er to hold an American citizen as an is going to create some real problems Unfortunately, this amendment, in enemy combatant who helped the for the executive branch. If I were my view, is going to be a situation Nazis. But we believe, somehow, in they, I would be in here raising these where we are opening the welcome 2011, that is no longer fair. That would issues because it does not distinguish— mat. If you get to America and you can be wrong. My God, what are we doing the language—between an American recruit one of our citizens to be a mem- in 2011? Do you not think al-Qaida is citizen who is captured overseas versus ber of al-Qaida, then you don’t have to

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I again would point out that The United States went to Afghani- The official answer is that America has the administration should be concerned stan with two main goals that were expanded its mission in Afghanistan about the language in this amendment. laid out by President Bush: to destroy from the narrow two original objec- It does not distinguish between an al-Qaida training camps and to hunt tives of destroying al-Qaida and hunt- American citizen who is captured on down those responsible for 9/11. Our ing down those responsible for 9/11 to our soil who is trying to attack us and very capable American troops and their the broad mission of nation building. one overseas. But either way, if an NATO partners have aggressively pur- Destroying al-Qaida—our original American citizen has joined al-Qaida sued these objectives. There are very mission—and building a modern nation and is trying to kill us from within our few al-Qaida operating in Afghanistan. state where one has never existed are own country, they have become part of Secretary of Defense Leon Panetta said two entirely different things. The ex- our enemy and are at war with us. in June 2010 that there were at most panded mission of nation building in The PRESIDING OFFICER. The Sen- only 50 to 100 al-Qaida members in Af- Afghanistan goes way beyond those ghanistan. Afghanistan is no longer ator’s time has expired. original two military objectives. This and has not been for some time a cen- Ms. AYOTTE. Thank you, Madam expanded nation-building mission in- tral arena for al-Qaida activity. President. volves creating a strong central gov- American forces have also effectively I urge my colleagues to oppose the ernment. It involves creating an elec- pursued the second objective, which is tion process for a functioning democ- Feinstein amendment. capturing or killing those who at- racy. It involves building infrastruc- The PRESIDING OFFICER. The Sen- tacked America on 9/11. In recent ator from Michigan. years, America has captured or killed ture—roads and bridges and schools. It Mr. LEVIN. I believe it is now in two dozen high-level al-Qaida involves a major mission to create a order for Senator MERKLEY to offer operatives, including Khalid Shaikh sizable national police force and a siz- amendment No. 1257, as amended, with Mohammed, the alleged operational able and effective national army. We have spent a lot on this mission, the amendment at the desk. The mastermind of the September 11 at- but the success is limited. Over 10 amendment at the desk has four words tacks, who was captured in a raid on a added to the printed amendment, and house in the Pakistani garrison city of years, as I mentioned, we have spent those words are ‘‘NATO and coalition Rawalpindi near the capital, $444 billion. Now, that is in a nation allies’’; is that correct? Islamabad; Ramzi bin al-Shibh, de- that had a prewar gross domestic prod- The PRESIDING OFFICER. That is scribed as a key facilitator of the Sep- uct, or economy, of about $10 billion a correct. tember 11 attacks; Sheikh Sa’id Masri, year. So we have spent an amount Mr. LEVIN. I thank the Presiding Of- an Egyptian believed to have acted as equal to 44 times the economy of Af- ficer. the operational leader of al-Qaida, who ghanistan. One would think the result I yield the floor. was killed in a U.S. drone strike. Most is we would have rebuilt the infrastruc- The PRESIDING OFFICER. The Sen- importantly, our exceptional intel- ture of Afghanistan 10 times over or 20 ator from Oregon. ligence teams and armed services have times over. But the reality is there is AMENDMENT NO. 1257, AS MODIFIED tracked down and killed Osama bin very little to show for this nation- Mr. MERKLEY. Madam President, I Laden, the founder and head of al- building mission. Why is that the case? call up amendment No. 1257, as modi- Qaida. Most simply, this nation-building mis- fied, under the unanimous consent Citizens may fairly ask—and they do sion is systematically stymied by mul- agreement and rise to speak to it. ask—given that we have successfully tiple forces. One is high illiteracy. The PRESIDING OFFICER. Under pursued our original two missions, On my recent trip to Afghanistan, I the previous order, the amendment No. isn’t it time to bring our sons and was told that among those recruited 1257, as modified, is now the pending daughters home? Our citizens remind for the national police, the literacy question. us that the United States has been at rate at a first grade level is only about The amendment (No. 1257) as modi- war in Afghanistan for over 10 years, 16 percent—first grade level, 16 percent. fied, is as follows: the longest war in American history. The goal is to be able to raise that lit- eracy rate so that soldiers can read the On page 484, strike line 22 through 24 and Our citizens recognize that the war in insert the following: Afghanistan has come at a terrible serial numbers on their rifles. That is a (c) TRANSITION PLAN.—The President shall price. More than 1,200 Americans have very different world from the world we devise a plan based on inputs from military died from snipers, from improvised ex- live in. commanders, NATO and Coalition allies, the plosive devices, and other deadly weap- The second huge factor is vast cor- diplomatic missions in the region, and ap- ons of war. More than 6,700 Americans ruption. Just after my first trip to Af- propriate members of the Cabinet, along have been wounded by those same ghanistan, the newspapers were full of with the consultation of Congress, for expe- weapons. Thousands of our soldiers stories about the family members and diting the drawdown of United States com- the associates of the President of Af- bat troops in Afghanistan and accelerating have suffered from—and will suffer for the transfer of security authority to Afghan years, decades to come—traumatic ghanistan building massive mansions authorities. brain injuries and post-traumatic in Dubai. Well, sending our money to (d) SUBMITTAL TO CONGRESS.—The Presi- stress disorder. Our soldiers have paid Afghanistan so the elite can send it to dent shall include the most current set of a huge price. Their families have paid a Dubai to build mansions does not serve benchmarks established pursuant to sub- huge price. our national security. section (b) and the plan pursuant to sub- In addition, the war in Afghanistan The efforts in nation building are section (c) with each report on progress. has consumed and is consuming an stymied by deeply felt, ancient tribal Mr. MERKLEY. Madam President, enormous share of our national re- and ethnic divisions. Moreover, there is this amendment requires the President sources. According to the Congres- a strong national aversion to the very of the United States to develop a plan sional Research Service, by the end of mission of building a strong central to expedite the reduction of U.S. com- this year—just over a month from government. I had an interesting expe- bat troops in Afghanistan and to accel- now—we will have spent the better rience where I met with six Pashtun erate the transfer of responsibility for part of $1⁄2 trillion or approximately tribal leaders in Kabul, the capital. military and security operations to the $444 billion. In 2011 alone, we will spend They came in to share their stories and Government of Afghanistan. Before I about $120 billion. each one of them said that some form

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So I guess another accel- means a force that can help with edu- forces wherever they may be in the erated plan would obviously have the cation, that can help with health care, world. It does not limit our ability to result of even greater risk to the men that can help build transportation in- destroy al-Qaida or associated terrorist and women in the military. frastructure, that can help provide se- training camps wherever they may be, I understand the opposition of the curity for businesses to prosper. They wherever they are in the world. It does Senator from Oregon to the war. That spoke to me and said—one of them not restrict funding for supplies and is fine. I respect that. But an amend- summed it up and said, Senator, you equipment needed by our troops de- ment that a plan is to be submitted don’t understand. All of the govern- ployed in the field. without any requirement that it be im- ment positions here are sold. The peo- If our national security is well served plemented—a plan which would already ple who buy them do not buy them to by taking the fight to al-Qaida wher- accelerate more what has already been serve our people. They buy them to ex- ever they are, if our nation-building accelerated—I guess is some kind of ploit our people. And when you build a strategy in Afghanistan is confounded statement. strong central government, which we by illiteracy and corruption and cul- The plan as required by this amend- oppose, the exploitation increases. tural opposition and tribal and ethnic ment would be based on inputs from So this nation-building mission is conflicts, if our national resources are our military commanders. I can tell systematically stymied by high illit- needed in that global antiterrorism the Senator from Oregon what our eracy, vast corruption, extensive and strategy and are needed as well for na- military commanders in Afghanistan deep tribal and ethnic divisions, and a tion building here at home, if our men have said in testimony before the Sen- historic national aversion to a strong and women have suffered enough on Af- ate Armed Services Committee, which central government. ghan soil, then we should encourage is that more acceleration would mean We have been in Afghanistan for our President to seize every oppor- greater risk. The acceleration that is more than 10 years. It is time to tunity over these next 3 years to re- already taking place means greater change course. Our President recog- duce our forces in Afghanistan and to risk. But the Senator from Oregon nizes this. He has worked out an agree- transfer security responsibilities to the wants a more accelerated plan, I guess. ment with the NATO partners to re- Afghan Government. Then-chairman of the Joint Chiefs of move the remaining combat troops by That is what this amendment does, Staff, ADM Mike Mullen, testified be- the end of 2014. That is just over 3 and I encourage every colleague to sup- fore the House Armed Services Com- years from now. But what happens dur- port it. mittee on June 23—this is the Chair- ing this next 3 years? This amendment Thank you, Madam President. I yield man of the Joint Chiefs of Staff—that says: Mr. President, during these next 3 the floor and note the absence of a the President’s drawdown plan would years, seize the opportunity to dimin- quorum. be—that is the present plan, not an ac- ish the combat role of American sol- The PRESIDING OFFICER. The celerated plan such as the amendment diers and increase the responsibility clerk will call the roll. proposes—‘‘more aggressive and incur placed with the Afghanistan Govern- The assistant editor of the Daily Di- more risks than I was originally pre- ment and the Afghanistan forces. Seize gest proceeded to call the roll. pared to accept.’’ that opportunity. Mr. MCCAIN. Madam President, I ask I wonder if the Senator from Oregon I say to my colleagues today, this is unanimous consent that the order for heard that. The present plan is ‘‘more incredibly important for our success in the quorum call be rescinded. aggressive and would incur more risks’’ transferring responsibility. If we do not The PRESIDING OFFICER. Without than the Chairman of the Joint Chiefs provide the opportunity and the neces- objection, it is so ordered. of Staff would have been prepared to sity for the Afghanistan institutions to Mr. MCCAIN. Madam President, I op- accept. So with this amendment, we take responsibility for their own secu- pose this amendment for one simple accelerate even more. rity, they will not be prepared to exer- reason. It requires the President to On the same day, in testimony before cise that responsibility down the road. submit a plan to Congress for an accel- the Senate Select Committee on Intel- The United States is facing a global erated drawdown from Afghanistan—an ligence, GEN David Petraeus stated terrorist threat. We will be well served accelerated withdrawal; not just the that no military commander rec- by using U.S. troops and resources in a withdrawal that is already planned, ommended what the President ulti- counterterrorism strategy against ter- not the withdrawal that has already mately decided. That is the present rorist forces wherever in the world been accelerated on several occasions, plan. they may locate and train. That strat- but a new accelerated drawdown. Their concerns were well grounded. egy was highlighted by the pursuit of The President is supposed to submit Our commanders had wanted to keep Osama bin Laden in Pakistan or more a plan to Congress for an accelerated the remaining surge forces in Afghani- recently our successful pursuit of drawdown from Afghanistan. Does that stan until the conclusion of next year’s Anwar Awlaki in Yemen. Our intel- mean the Congress of the United States fighting season, which roughly occurs ligence and our military, the best in could see a plan for an accelerated with the onset of the colder months. the world, have proven without a doubt withdrawal from Afghanistan? Is it re- That was their recommendation to the that they excel at this strategy. Thus, quired that it be implemented by Con- President. So now the President shall it makes sense to expedite the reduc- gress or is it a nice informational, no- devise a plan based on inputs from tion of U.S. combat troops in Afghani- tional kind of thing: Here is a plan. military commanders. I can tell the stan and accelerate the responsibility Hey, let’s get together. I have a plan. Senator from Oregon what the input for military and security operations to And the President’s drawdown plan, from the military commanders is. It is the Government of Afghanistan. That our senior military commanders have the same input he got with the first ac- is what this amendment does. stated, is already—already—more ac- celerated withdrawal. All we have to do The amendment specifically requires celerated than they are comfortable is pick up the phone and ask them. We the President to prepare a plan for the with. don’t have to have an amendment. expedited reduction of troops and ac- First of all, I don’t get the point of That was their recommendation to the celerate transfer responsibility based the Senator’s amendment, which is to President. However, the President on inputs from military commanders, submit a plan. It doesn’t require that chose to disregard that advice and an- from NATO and coalition allies, from the plan be acted on, just a plan. I can nounce that all U.S. forces would be

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But the decision Apparently, the Senator from Oregon We, as Senators, independently have has been made. I think there will be is not satisfied with the President’s al- an obligation, consistent with and re- great long-term consequences to it. ready accelerated plan for withdrawal quired by our oath to the Constitu- A story was related to me recently from Afghanistan beginning in the fall tion—which I took just a few months by a former member of the previous ad- of—well, it has already begun—but the ago just a few feet from where I stand ministration, high ranking, in a meet- serious withdrawal in the fall, Sep- now—to uphold the Constitution of the ing with one of the highest ranking tember 2012. United States. That means doing more members of the Government of Paki- I can assure—I can assure—the Sen- than simply the full extent of whatever stan. He said to this high-ranking gov- ator from Oregon that if our with- the courts will tolerate. ernment official: What do you think drawal, which I greatly fear now, will In this instance, what we are talking the chances for peace with the Taliban have long-term consequences, a further about is the right of the U.S. military are? That individual laughed and said, accelerated withdrawal will absolutely to detain indefinitely, without trial, a Why should they make peace? You are guarantee that Afghanistan becomes a U.S. citizen, simply on the basis that leaving. cockpit—a cockpit—of competing in- person has been deemed an enemy com- Those are fundamental facts. The pri- terests from Iran, from India, from batant. Now, there is a real slippery slope mary reason for maintaining all of our Pakistan, and from other countries in problem here, and it is the very kind of surge forces in Afghanistan through the region. I think the people of Af- slippery slope problem for which we next year’s fighting season is because ghanistan deserve better. of another time the President chose to So I will, obviously, oppose this have protections such as the fifth disregard the advice of his military amendment. amendment and the sixth amendment. commanders. It is well known that our I suggest the absence of a quorum. You see, under the fifth amendment, a military leaders had wanted a surge to The PRESIDING OFFICER. The person cannot be held for an infamous be 40,000 U.S. troops, but the President clerk will call the roll. crime unless they have been subjected only gave them 33,000. So rather than The legislative clerk proceeded to to a process whereby a grand jury in- being able to prioritize the south and call the roll. dictment has been issued. A person east of Afghanistan at the same time, Mr. LEE. Madam President, I ask cannot be held and tried for a crime as they had planned, our commanders unanimous consent that the order for without having counsel made available had to focus first in the south, which the quorum call be rescinded. to them and without the opportunity they did last year and this year, and The PRESIDING OFFICER. Without for a speedy trial in front of a jury of then concentrate on eastern Afghani- objection, it is so ordered. the peers of the accused. stan next year, all because they didn’t Mr. LEE. Madam President, I ask We can scarcely afford as Americans have enough troops. unanimous consent that the current to surrender these fundamental civil That is not my opinion; that is the amendment be set aside so I might liberties for which wars have been sworn testimony of military leaders be- speak briefly regarding amendment No. fought, for which the founding era, the fore the Senate Armed Services Com- 1126. founding generation fought so nobly mittee. Mr. LEVIN. Madam President, re- against our mother country to estab- The President’s decision made the serving the right to object, I wonder if lish and thereafter to protect. We have war longer and now our commanders the Senator would just seek the right to support these liberties. I think at a will not have the forces they said they to—the Senator has a right to speak on bare minimum, that means we will not wanted and needed to finish the job in another amendment without setting allow U.S. military personnel to arrest eastern Afghanistan. aside this amendment. So I ask that and indefinitely detain U.S. citizens, Before we mandate a plan to further the Senator not set aside the pending regardless of what label we happen to accelerate the drawdown of U.S. forces amendment but just simply speak on apply to them. These people, as U.S. from Afghanistan, I suggest we review whatever amendment he wishes to citizens, are entitled to a grand jury the facts and consider the potential speak. indictment to the extent they are consequences of the overly accelerated Mr. LEE. Wonderful. The second re- being held for an infamous crime. They drawdown we already have. quest is withdrawn. are also entitled to a jury trial in front Before we base such a plan on the The PRESIDING OFFICER. Without of their peers and to counsel. views of our military commanders, I objection, it is so ordered. We cannot, for the sake of conven- certainly recommend that my col- AMENDMENT NO. 1126 ience, surrender these important lib- leagues travel to Afghanistan and Mr. LEE. Madam President, I rise erties. I am not willing to do that. speak with those commanders who can today to speak in support of amend- That is why I support this amendment, explain far better than I can why fur- ment No. 1126 to the current pending amendment No. 1126, to the pending ther accelerating our drawdown is legislation. The purpose of this amend- legislation. I encourage each of my col- reckless and wrong. ment is to make clear that the United leagues to do so. So I do not get the amendment. I do States shall not detain for an indefi- I want to point out that yesterday I not understand why the title of it is nite period U.S. citizens in military voted against what became known as ‘‘To require a plan for the expedited custody. the Udall amendment. I did so in part transition of responsibility for military I understand this has been the sub- because I do not believe that fixed the and security operations in Afghanistan ject of a lot of debate. I also under- problem I am talking about. The Udall to the Government of Afghanistan.’’ stand this would be a break not only amendment did not even purport to ad- As I said, in case the Senator from with the current pending legislation dress current practice or the policies as Oregon missed it, we have already ac- but also with current practice, based they have been established in recent celerated, and in the view of our mili- on Supreme Court precedent and lower years: that this kind of detention is in tary commanders, unanimously, it is a court precedent that some have inter- some circumstances acceptable. It far greater risk. preted to deem this a constitutionally called for a study and it eliminated It says: permissible practice. certain provisions in the proposed leg- The President shall devise a plan based on It has often been suggested by sev- islation, but it did not fix the under- inputs from military commanders, NATO eral of my colleagues that it is the lying problem.

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Without bases we felt would be enduring, such it, to protect it, to defend it—we are objection, it is so ordered. as Rota, Spain, Sigonella and Vicenza doing more than simply agreeing to do Mr. MCCAIN. Mr. President, in an ex- and other bases—and Ramstein in Ger- whatever the courts will tolerate. We change I had on the floor, I mentioned many. are taking an oath to the principles the people on wonderful Long Island. I But there are others, lots of others. embodied in this 224-year-old document made a joke. I am sorry there is at So part of the NATO commitment is that has fostered the greatest civiliza- least one of my colleagues who cannot that each nation in Europe would in- tion the world has ever known. take a joke. So I apologize if I offended vest and spend 2 percent of their GDP Thank you, Madam President. him and hope that someday he will on defense. We have been 4 percent— I suggest the absence of a quorum. have a sense of humor. sometimes over that recently—in re- The PRESIDING OFFICER. The I yield the floor. cent years. So our NATO members, clerk will call the roll. The PRESIDING OFFICER. The Sen- however, are falling below that. Ger- The legislative clerk proceeded to ator from Alabama. many, the strongest economy in Eu- call the roll. Mr. SESSIONS. Mr. President, I have rope, is at 1.2 percent of GDP on de- Mr. LEVIN. Mr. President, I ask been working for some time to wrestle fense, and they spend a large portion of unanimous consent that the order for with this question of the right number that on short-term, less than 1 year, the quorum call be rescinded. of military forces we need in Europe. It military training of young people in The PRESIDING OFFICER (Mr. is an issue that has given me some Germany. WHITEHOUSE). Without objection, it is pause. I thought we had an agreement The fact is, a 9-month trainee is not so ordered. several years ago to make some notice- someone in the modern world we can AMENDMENT NO. 1257, AS MODIFIED able changes in that force structure. send into combat. They are just not Mr. LEVIN. Mr. President, let me Some changes have indeed been made sufficiently trained. Many military ex- perts believe this is a waste of money. just ask Senator MERKLEY a question, and others were in the works and they So even the money they are spending, and then I think we can proceed from apparently have been put on hold and in many ways, is not effectively and there. altered. wisely spent to create the kind of mod- It is my understanding that the So I just wished to share some ern military they have to have to be original language in this and related thoughts about it. I thank Senator successful in a serious manner. amendments had the dates 2012 and LEVIN and Senator MCCAIN for working with me to develop an amendment to We do, though, believe Europe is not 2014 in them, and it could have been in- facing the kind of threats we had. I terpreted that the Senator was trying this bill that helps call attention to this problem with the Department of think it is appropriate for us to talk to to press those dates forward rather our European allies and say we want to than address—as I interpret the Sen- Defense. We have had a long and historic rela- proceed with a drawdown, where pos- ator’s current amendment—the pace of sible. This Nation is borrowing 40 cents reductions after consultation with the tionship with Europe and our European allies. They remain the best allies we of every $1 we spend. The Defense De- people the Senator has identified. Am I partment, under the sequester that will have in the world. We have large num- correct? occur as a result of the failure of the bers of troops still in Europe. But there Mr. MERKLEY. The Senator is cor- committee of 12 to reach an agreement, are not nearly as many as there have rect. The amendment is designed to en- will be facing dramatic cuts in spend- been in the past. But the numbers are courage, to increase the pace of the re- ing, over $1 trillion based on President still extraordinary. We have, at this duction of U.S. forces and the transfer Obama’s projected budget over 10 time, 80,000 U.S. troops in Europe, and of responsibility to Afghanistan’s years. We need to look for every rea- I do not believe military threats justify forces. sonable savings we can. Mr. LEVIN. Mr. President, unless that large a troop presence. Our his- The Defense Department is taking there is someone else here who wants toric even larger number was based on too heavy a cut in my opinion, far to speak, I yield the floor. the Soviet threat, the Fulda Gap, the more than any other department of Mr. MCCAIN. Mr. President, I urge weakness of our European allies after government. However, we cannot sus- adoption of the amendment. World War II and their lack of strength tain that. I do not support that large a The PRESIDING OFFICER. The and the bond that NATO meant. We cut, but it will be reducing spending by question is on agreeing to the amend- stuck together and transformed the en- a significant amount. So I believe we ment, as modified. tire North Atlantic region in a positive should think about our foreign deploy- The amendment (No. 1257), as modi- way. ments. The National Defense Author- fied, was agreed to. A book called ‘‘Paradise and Power’’ ization Act represents a vision for de- Mr. LEVIN. Mr. President, I move to has been written about where we are fense spending. We are now down from reconsider the vote. today. It is a pretty significant book, $548 billion spent on the Defense De- Mr. MERKLEY. I move to lay that frankly. The essence of it is that the partment last year, $527 billion this motion on the table. Europeans are in a paradise protected year, an actual reduction in noninfla- The motion to lay on the table was by American power, and they do not tion dollars of over $20 billion. agreed to. feel any need to substantially burden As a matter of fact, the Budget Con- Mr. LEVIN. Mr. President, I under- themselves with national defense be- trol Act agreement calls for a reduc- stand the Senator from New Hamp- cause the United States is there. tion of total spending in the discre- shire—— We have a nuclear presence, we have tionary account this year of $7 billion; Mr. MCCAIN. Mr. President, the Sen- 80,000 troops, and we have the fabu- whereas, the Defense Department is ator from New Hampshire had intended lously trained, highly skilled military taking $20 billion. Other departments to talk about her amendment and with- with the lift capability of moving to a therefore are receiving increases to get draw it, and she may be coming. I have troubled and dangerous spot at any the net 7 that is claimed. Unfortu- not had a chance to notify her, so there time. I do think it is fair to say they nately, that is not an accurate number may be a couple-minute delay. have become a bit complacent. because we do not achieve even the $7 So I suggest the absence of a quorum. As part of a CODEL I led in 2004, we billion promised. The PRESIDING OFFICER. The visited Europe, because the United Since 2004, the Defense Department clerk will call the roll. States was going through a BRAC, a re- had a plan to transfer two of its four

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Secretary of Defense home until 2015. If not, I ask unanimous consent that I Panetta said this in June: I have asked the Chairman of the be so listed. The next ‘‘Pearl Harbor’’ we confront could Joint Chiefs of Staff, General Dempsey, The PRESIDING OFFICER. Without very well be a cyber attack. at the Armed Services hearing, and I objection, it is so ordered. ADM Mike Mullen at a hearing on asked Admiral Stavridis, our European Mr. LIEBERMAN. This amendment 9/22 referred to the cyber-threat as an EUCOM commander, and they had no essentially codifies a very important existential threat to our country. This good explanation for why we are alter- memorandum of understanding be- is a serious issue and one that, as the ing the plan that has been in place. tween the Department of Homeland Se- Senator from Connecticut pointed out, So my amendment has been agreed to curity and the NSA, the National Secu- is of utmost importance to our Na- on both sides and would require three rity Agency. This is a perfect balance tion’s security. things from the Department of De- and exactly the kind of overcoming of Mr. LIEBERMAN. Mr. President, I fense: No. 1, assessment of the April stovepipes we need to see in our gov- would like to thank my friend Senator 2011 decision to station three Army bri- ernment. MCCAIN for introducing an amendment gade combat teams in Europe; No. 2, an Under existing law, the Department codifying an existing memorandum of analysis of the fiscal and strategic of Homeland Security has responsi- agreement between the Department of costs and benefits of reducing the num- bility for protecting nondefense gov- Homeland Security and the Depart- ber of forward-based military personnel ernment, Federal Government cyber- ment of Defense that formalizes their in Europe to that recommended by the space—cyber networks—and the pri- cooperation on cybersecurity work. 2004 Global Posture Review; and, No. 3, vately owned and operated cyberspace, Our Nation needs to confront the grow- to describe the methodology used by which actually amounts to some of the ing threats we face in cyberspace; as the Defense Department to estimate most critical cyber infrastructure in Secretary of Defense Leon Panetta tes- the current and future cost of U.S. our country is privately owned. tified in June, the ‘‘next Pearl Harbor force posture in Europe. Today, as Senator MCCAIN suggested, we confront could very well be a cyber- So is Europe more threatened today a target of attack by an enemy want- attack.’’ than before? I do not think so. The ing to do us harm could be, for in- Mr. MCCAIN. I thank my friend for United States has a tougher financial stance, our transit systems, financial cosponsoring my amendment, and condition today than before? Yes. I be- systems, electric grid, and the like. share his concern about the threat our lieve we need to look at this carefully. What is embodied in this memorandum Nation faces. In a hearing before the I thank Senator MCCAIN and Senator of understanding between DHS and Armed Services Committee just two LEVIN for working with me to rec- NSA—which we will, by this amend- months ago, former Chairman of the ommend an amendment they believe is ment, codify into law—is to maintain Joint Chiefs of Staff Admiral Mike consistent with the goals I am seeking the quite appropriate interface of the Mullen called the cyber threat an ‘‘ex- without micromanaging the Depart- Department of Homeland Security with istential’’ threat to our country. ment of Defense. the privately owned cyber-infrastruc- The purpose of my amendment is to I thank the Chair. I am pleased this ture and those who own and operate it, codify the current memorandum of amendment will be considered, and per- yet utilizing the unsurpassed capabili- agreement, and to ensure that the rela- haps we can make some progress to ties of NSA. tionship between DoD and DHS en- analyzing more properly the deploy- I appreciate that in this colloquy dures. This growing partnership dem- ment of forces in Europe. Finally, I Senator MCCAIN and I are entering onstrates that the best government- would say there is no doubt in my mind into, we both make clear—and I appre- wide cybersecurity approach is one that the economy of the United States ciate that his intention here in offering where DHS leverages, not duplicates, is benefited if a brigade is housed in this amendment is not to circumvent DoD efforts and expertise. This is just the United States, and the costs of sup- the need for broader legislation to pro- one of the many issues we need to ad- port and family are in the United tect our American cyberspace from dress on cyber legislation, and does not States strengthening our economy theft, exploitation, and attack. It hap- diminish the need for a comprehensive rather than transferring the wealth of pens that the current occupant of the bill addressing our Nation’s cybersecu- our Nation to a foreign area. chair, the junior Senator from Rhode rity. But our work together on this I hope we will consider that as we Island, has been a leader in this Cham- should serve as an example of where deal with this issue. ber in pushing us to deal with these consensus can and should exist moving I yield the floor. kinds of problems. forward. The PRESIDING OFFICER. The Sen- Senator REID has announced that he Mr. LIEBERMAN. I agree whole- ator from Arizona. will bring a comprehensive cyber-secu- heartedly. The approach embodied by AMENDMENT NO. 1229 rity bill to the floor of the Senate in the memorandum of agreement—and Mr. MCCAIN. Mr. President, I call up the first work period of 2012. That is this amendment—exemplifies the po- amendment No. 1229 and ask for its im- very good news for our security. As tential for DoD and DHS to leverage mediate consideration. Senator MCCAIN said, I don’t know that each other’s expertise, to make effi- The PRESIDING OFFICER. The we today have a more serious threat to cient use of existing government re- amendment is already pending. our security than that represented by sources, and to avoid unnecessary Mr. MCCAIN. I note the presence of those who would do us harm by attack- growth of government. That is the ap- my colleague, Senator LIEBERMAN, on ing our cyber-systems, both public and proach we must follow as we continue the floor, the chairman of the Home- private. This colloquy makes clear that down the path toward comprehensive land Security Committee. this is a very significant first step, and cybersecurity legislation. I thank my friend from Connecticut that we need to do something more Mr. MCCAIN. I agree, and I again for his support of this amendment and comprehensive and look forward to thank my colleague for supporting my the importance, with the full realiza- doing it on a bipartisan basis in the amendment. While at the end of the tion of the key role the chairman of first work period in 2012. day we may not agree on all of the pro- the Homeland Security Committee Mr. MCCAIN. I thank the Senator visions of a bill, I look forward to plays in the issue of cyber security, from Connecticut, my dear friend. The working together early in the coming

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18386 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 year to address these issues under a Ms. AYOTTE. I thank my friend, the viding our nonmilitary intelligence process that allows for full debate of Senator from Connecticut, first, for his collectors all of the lawful tools they the issues on which we may differ. leadership in this body on national se- need to gather intelligence to prevent Mr. MCCAIN. Mr. President, I urge curity. We both had the privilege of nuclear attacks and protect our coun- adoption of the amendment. serving our States as attorneys gen- try. The PRESIDING OFFICER. Is there eral. Mr. LIEBERMAN. I thank the Sen- further debate? The answer is no. This is an amend- ator for that answer. I completely The question is on agreeing to the ment, I point out, that not only is Sen- agree with her. It is important to step amendment. ator LIEBERMAN sponsoring—and I ap- back and perhaps state the obvious. The amendment (No. 1229) was agreed preciate his experience and leadership Why do we capture enemy combatants? to. on this most important national secu- Why do we take prisoners of war? Two The PRESIDING OFFICER. The Sen- rity issue—but Senator CHAMBLISS, reasons, really. The obvious one is to ator from New Hampshire. vice chairman of the Intelligence Com- get them off the battlefield against us Ms. AYOTTE. Mr. President, I ask mittee, as well as Senator GRAHAM and so they can no longer attempt to kill unanimous consent that Senator LIE- Senator CORNYN, who are both mem- Americans in uniform and, in the case BERMAN and I be allowed to engage in a bers of the Armed Services Committee, of the war we are in with Islamist ter- colloquy. as well as the Judiciary Committee. It rorists, to kill civilians. That is first— The PRESIDING OFFICER. Without is very important to be clear about get them off the battlefield. objection, it is so ordered. what this amendment would and would The second purpose—and this has AMENDMENT NO. 1068 not do. been the traditional purpose of taking Ms. AYOTTE. Mr. President, obtain- This proposal takes every possible prisoners of war as long as there has ing intelligence from high-value ter- measure to put into place intelligence- been warfare in human history, and all rorist detainees is an urgent national gathering practices that honor our the more so now—is to gather intel- security priority that is essential to American values and laws. Our amend- ligence from them that will assist us in protecting Americans. Unfortunately, ment in no way condones or authorizes defeating the enemy and protecting our under current law, terrorists need look torture. There have been many groups goals and protecting the lives of our no further than the Internet to find out trying to misrepresent what is in this men and women in uniform. That tra- everything they need to know about amendment. Any new interrogation ditional purpose for taking prisoners of our interrogation practices and how techniques that are developed would be war is all the more critical in the un- they can circumvent them. Under required to comply with the U.N. Con- conventional war we are in against a President Obama’s 2009 Executive vention Against Torture, the Military brutal enemy that doesn’t strike from Order 13491, all U.S. Government inter- Commissions Act, the Detainee Treat- battleships or tactical air fighters or rogators are limited to the interroga- ment Act, as well as section 2441 of military tanks or even in uniform; tion techniques that are available on- Title 18 U.S. Code that relates to war they strike us from the shadows, and line and described in the Army Field crimes. they strike civilians as well. Manual. As a result, all members of the Mr. LIEBERMAN. I thank my friend It is very important to approach this intelligence community, including the for that clarification. It is very impor- amendment understanding that we are non-Department of Defense intel- tant. It is very critical—particularly trying to increase, in a reasonable way, ligence professionals who support the for those who misunderstood this the capacity of those who work for us high-value detainees interrogation amendment—to understand the host of to protect our security and freedom to group, must conform to the procedures protections that the amendment puts interrogate detainees that we have cap- in the Army Field Manual, which was in, both compelling compliance with tured in the war against terrorism. One written by the U.S. Army for the U.S. the international convention against of the purposes is to gather intel- Army; that is, there is little flexibility torture, as well as explicit prohibition ligence, which will help us protect the permitted under these rules, and they in American law against interrogation lives of Americans and of our allies. are easy for those who want to harm us that amounts to torture. The preface to the Army Field Man- to circumvent them and to know ex- I want to ask my friend another ual says it applies to the active Army, actly what techniques we will use to question. Right now, all Federal Gov- the Army National Guard, and the U.S. gather information to protect our ernment interrogators, whether in the Army Reserve, unless otherwise stated. country if they are detained as an military or in the civilian intelligence So as to the field manual, recognizing enemy combatant. community, are limited to using the that these words create limited appli- Mr. LIEBERMAN. Would the Senator Army Field Manual. So why does the cability of the manual outside the yield for a question? Senator think it is so critical to give Army, the Army Training and Doctrine Ms. AYOTTE. Yes, I will. interrogators the ability—limited abil- Command authors had the wisdom to Mr. LIEBERMAN. Let me thank my ity—to go beyond the Army Field Man- warn that this manual was ‘‘Army doc- friend, Senator AYOTTE, for playing ual? trine,’’ and it would have to be adapt- such a leading role in our debates on Ms. AYOTTE. I appreciate the ques- ed, altered to apply to other ‘‘military this critical issue of how our country tion from my friend and colleague. The departments’’ or other military serv- handles detainees and gathers intel- decision by President Obama to limit ice. If the interrogation techniques in ligence in our war on terrorism. I share interrogators to the Army Field Man- this manual are not ideally suited for her concerns about the potential dam- ual was based, in part, on the horrible military services other than the U.S. age to our intelligence collection ef- abuses that happened at Abu Ghraib Army, why should civilian interroga- forts inflicted by adherence to the ex- prison in Iraq. Undoubtedly, the abuses tion professionals in the intelligence isting restrictions on interrogations. at Abu Ghraib failed to reflect Amer- community, and particularly those That is why I am pleased to be, with ican values, tarnished America’s rep- who are in support of a high-value de- others, a cosponsor of the amendment utation, and certainly damaged our in- tainee interrogation, those who get the introduced, amendment No. 1068. terests. However, responding to these most powerful and influential and dan- I will say that I am also disturbed abuses by reflexively applying an Army gerous prisoners of war, be forced to about the amount of misinformation Field Manual—which, to be clear, ter- comply with a document written for a that seems to be circulating about this rorists can go online and get and know defined military unit, which is the U.S. amendment and similar efforts in the exactly which techniques they will be Army? I ask my friend from New past that I have supported. subject to if captured—to all Federal Hampshire that question. I ask the Senator from New Hamp- Government interrogators doesn’t re- Ms. AYOTTE. I appreciate the ques- shire, does amendment No. 1068 author- flect the severity of the threat to our tion from the Senator from Con- ize torture? country and the importance of pro- necticut. Absolutely, as the Senator

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18387 pointed out, the Army Field Manual attorney general of New Hampshire What we are saying with this amend- was not created for this purpose. As he and as a murder prosecutor, no detec- ment is that we need to allow the intel- mentioned, the high-value detainee in- tive or cop in even a common criminal ligence professionals to develop tech- terrogation group is a group consisting case would tell the criminals what niques, but in a classified annex, con- of the CIA, FBI, and Defense Intel- techniques they are going to use to sistent with our laws, that would allow ligence Agency, designed to interro- gather information. them to gather intelligence and not gate the worst terrorists, who are like- The PRESIDING OFFICER. The ma- tell our enemies what techniques will ly to have valuable information about jority leader. be used to gather information from future attacks and information we Mr. REID. Mr. President, could I ask them. need to protect our country. To address my friend from New Hampshire to Not surprisingly, al-Qaida terrorists this problem, we drafted the amend- allow me to propose a unanimous con- have taken advantage of our willing- ment through this authorization that sent request? ness to tell them publicly on the Inter- would allow members of the intel- Ms. AYOTTE. I would grant the lead- net what will and will not happen dur- ligence community, who are assigned er that request. ing an interrogation should they be to or in support of the high-value inter- The PRESIDING OFFICER. The ma- captured. Al-Qaida terrorists have fa- rogation group, to utilize interrogation jority leader. miliarized themselves with the interro- techniques that are consistent with our Mr. REID. The reason I ask is that gation techniques they would confront laws and values. Our amendment would Senator LEVIN and I have a classified if captured, and they are training on ask the Secretary of Defense, working briefing that starts at 5:30. how to respond. That makes it more with the Director of National Intel- May I ask the Senator how much difficult for us to gather information. ligence and the Attorney General, to longer she wishes to speak? It doesn’t The willingness of the United States develop a classified annex to the Army matter, but just so I have an idea. to give the equivalent of interrogation Field Manual that terrorists could not Ms. AYOTTE. I would say probably 5 CliffsNotes to terrorists places our in- see. Unfortunately, now they can go on minutes. terrogators at a disadvantage and the Internet and look at the tech- Mr. REID. Mr. President, I ask unan- makes it more difficult to gather the niques. It classifies that the Army imous consent that following the state- information we need to save American Field Manual would provide interroga- ment of Senator AYOTTE of approxi- lives. So developing a classified annex tion techniques that would be used by mately 10 minutes—she has been here of lawful techniques for intelligence that important select group of intel- long enough that she has learned to professionals who are interrogating the worst terrorists would make it harder ligence-gathering professionals, to keep Senators’ time, and 5 minutes for terrorists to train to avoid and re- allow them to have for their use the really isn’t 5 minutes—does the Sen- sist interrogation. techniques they need to gather infor- ator from Connecticut wish to speak? Mr. LIEBERMAN. Mr. President, I The key to our amendment is giving mation and protect our country. this limited group of intelligence com- Mr. LIEBERMAN. Again, I thank my would say to the leader, I am in this munity interrogators the techniques friend from New Hampshire, but I want with the Senator from New Hampshire, they need to gather information but to to go back to something I said earlier. so we will complete our colloquy with- do so without resorting to torture and We have described the purpose of this in 10 minutes. while retaining an operational advan- amendment—what I call the due proc- Mr. REID. So following their col- tage that makes it more likely an in- ess we have put into it, the mandate loquy of 10 minutes, I ask unanimous terrogation will be successful. that it comply with existing inter- consent the Senate proceed to a period Mr. LIEBERMAN. Again, Mr. Presi- national norms and treaties, and, obvi- of morning business for 1 hour; that dent, I thank the Senator from New ously, to comply with our law. I want following that we go back to the De- Hampshire. Just in listening to her, it to say to my colleague that it is cer- fense authorization bill. seems so unacceptable that we are ba- tainly not my intention—and I ask my There will be no more votes this sically telegraphing to our enemy ex- colleague is it her intention—that any evening, though, Mr. President. actly the range of tactics that we will of the measures we are authorizing— The PRESIDING OFFICER. Without use against them as part of the interro- the interrogation tactics for the worst objection, it is so ordered. gation. of the terrorist detainees—should or Mr. REID. I appreciate the time of We have set some quite appropriate could equal what is conventionally the Senator from New Hampshire. constraints in this amendment con- known as torture? In other words, we The PRESIDING OFFICER. The Sen- sistent with our values and our laws are not attempting to legalize torture ator from New Hampshire. and international law so that we are with this amendment. Ms. AYOTTE. I thank our leader for not going to get anywhere near tor- Ms. AYOTTE. I thank the Senator for giving us the opportunity to continue ture. But when a member of al-Qaida or the question. The answer is, no; we are this colloquy. a similarly associated terrorist group not. We believe torture violates our I just wanted to point out—we were is captured, I want that person to be laws and runs counter to American val- talking about the fact the Army Field terrified about what is going to happen ues. That is what I believe. That is why Manual is online—that in my experi- to them while in American custody. I we specifically require the techniques ence as New Hampshire’s attorney gen- want them not to know what is going developed by the Secretary of Defense, eral and prior to that as a murder pros- to happen. I want the terror they in- the Director of National Intelligence, ecutor—and I know my colleague flict on others to be felt by them as a and the Attorney General have to com- served as his State’s attorney general result of the uncertainty of not know- ply with the U.N. Convention Against as well—no detective or cop on the ing they can look on the Internet and Torture and all applicable laws, includ- beat, in a common criminal case—and, find out exactly what our interrogators ing the Detainee Treatment Act. Thus, of course, we are dealing with a situa- are going to be limited to. the ACLU’s claim the amendment tion where we are at war with terror- Again, we will not tolerate torture. threatens to revive the use of torture is ists—would ever give a criminal their We will not tolerate what happened at patently false, unfortunately. playbook as to what techniques they Abu Ghraib. I think the limited inter- Currently, the Army Field Manual would use to question them to get in- rogation in the Army Field Manual was interrogation techniques our intel- formation to see if a crime has been an understandable but excessive reac- ligence community interrogators must committed and to see that justice is tion to the extreme and unacceptable follow are publicly listed online. That served. Yet here we are in a situation behavior by Americans at Abu Ghraib. is unacceptable. It is like the New Eng- where we have online the techniques I hope this amendment will facilitate a land Patriots giving their opponents from the Army Field Manual while we return to the kind of sensible middle their playbook days or weeks before are at war with terrorists who want to ground on which we will not be shack- the game begins. In my experience as kill us. ling our interrogators as they try to

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18388 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 get intelligence, within the law, to pro- We have to protect our country. Why The PRESIDING OFFICER. The 10 tect our freedom and the safety of would we do this? It just doesn’t make minutes allocated for the colloquy has those who are fighting for us. sense. expired. So I want to ask my friend from New Mr. GRAHAM. My good friend from Mr. LIEBERMAN. Mr. President, I Hampshire whether she thinks we have Connecticut is aware there is a pro- ask unanimous consent for an addi- now a kind of one-size-fits-all approach posal pending on the floor of the Sen- tional 4 minutes. to interrogation that is posted online. ate that would say, for the first time in The PRESIDING OFFICER. Without In other words, our laws should make American history, if a U.S. citizen de- objection, it is so ordered. it easier, within the law, not harder, to cides to collaborate with an enemy, Very briefly, the great concern we have now in terms of the security of gather intelligence to keep Americans they cannot be held as an enemy com- the homeland is from so-called home- safe. Yet it seems the current policy batant. I think the Senator is very fa- grown terrorists, radicalized Ameri- runs counter to that basic principle. miliar with the history of the law in cans who effectively have joined al- Does my friend from New Hampshire this area. Unfortunately, during the Qaida or other terrorist enemies to at- agree? entire history of our country, during Ms. AYOTTE. I do. I do agree. As a tack the United States. other conflicts, American citizens It is a sad and painful reality that, matter of common sense, this amend- have, on occasion, collaborated with ment should go forward. The reality of since 9/11, the only Americans killed on the enemy, one of the most famous telling our enemies online what to ex- American soil by Islamist extremists cases being the In re Quirin case, where pect just defies common sense. That is and terrorists have been killed by an American citizen in New York and what we are addressing with this other Americans who have been other places was helping Nazi sabo- amendment. radicalized, who have become enemy Mr. GRAHAM. If I may, I find the teurs try to sabotage America. combatants. I am speaking particu- discussion fascinating. May I enter In that case, the Supreme Court larly of MAJ Nidal Hasan who killed 13 into the colloquy? ruled an American citizen could be de- people at Fort Hood, and then an The PRESIDING OFFICER. Subject tained as an enemy combatant because American named Bledsoe, who walked to the previous order, the Senator is the decision to collaborate with the into an Army recruiting station in Lit- welcome to join the colloquy. enemy was a decision to go to war with tle Rock, AR, and killed an Army re- Mr. GRAHAM. I thank the Chair. their country, not a common crime, cruiter just because he was wearing a As I understand it, the reason the and that the law to be applied was the uniform of the U.S. Army. Senator is having to do this is because law of war. I am certain the Senator is So these people have taken sides. President Obama, by Executive order, familiar with the Hamdi case, where an They have joined the enemy. So to prevented the CIA and other agencies American citizen seized in Afghanistan have this body at this time, as the from using any enhanced interrogation was allowed to be held as an enemy threat of homegrown terrorism rises, techniques that have been classified in combatant. The Hamdi decision re- say: No, they can’t be treated as enemy the past; is that correct? affirmed In re Quirin, and the Padilla combatants, not only does it not make Ms. AYOTTE. That is right. Unfortu- case involved an American citizen cap- sense and is totally unresponsive to the nately, we are just telegraphing to our tured in the United States accused of facts I have just described, the fact is, enemies what techniques we are going collaborating with al-Qaida. it is also dangerous. to use. All of those cases reaffirm the law of So I couldn’t agree with the Senator Mr. GRAHAM. If I may, let me ask the land is, if someone chooses to help more. I wish to thank Senator AYOTTE, another question. All of us agree we al-Qaida, they have committed an act as we come to the end of this colloquy, don’t want to torture anybody. of war against their fellow citizens, and for her initiative, frankly, for swiftly Waterboarding is not the way to get they can be held as an enemy combat- establishing herself in the Senate as good intelligence. Not only is it not the ant for an indeterminate period of time one of our important leaders on na- right thing to do, it is just not the wise so that we can gather intelligence tional security matters. I am a little thing to do. But we believe we have about what they may have done or biased about this, but I know her expe- gone too far the other way; that when about what they know about the rience as a former State attorney gen- the President said no interrogation enemy. eral has helped as well as what I have technique is available to our intel- noted is her active and informed par- Does the Senator from Connecticut ligence community other than the ticipation on the Armed Services Com- agree that now would be a very bad Army Field Manual, does my colleague mittee. agree that, for the first time in Amer- time for the Congress to say, for the I must say that as I am about to ican history, we are advertising to our first time in American history, if an enter my last year privileged to be a enemies what we can do to them if we American citizen decides to help al- U.S. Senator, it gives me great comfort Qaida attack us, to kill us, our mili- capture them, and no more can be to know Senator AYOTTE is going to be done? tary can’t hold them as an enemy com- here to carry on these fights for Amer- Ms. AYOTTE. I would say the Sen- batant and find out what they were up ican national security and for freedom. ator is absolutely right. I appreciate to? Ms. AYOTTE. I thank Senator LIE- that the Senator from South Carolina Mr. LIEBERMAN. Mr. President, I BERMAN very much. Again, I appreciate has cosponsored this amendment, as thank my friend from South Carolina the Senator’s leadership and all he has has Senator LIEBERMAN, and I appre- for participating in our colloquy, and, done for our country, to protect our ciate Senator LIEBERMAN’s leadership. of course, I totally agree with him, country. I dare say no one has been I would like to say while we are in this first of all, on the principle. As he has more focused on protecting our coun- colloquy that Senator LIEBERMAN has said very well, and he knows the law try, and we deeply appreciate his lead- also been a mentor to me in the Sen- very well or better than anyone around ership. ate, and I appreciate that as well as his here, the Supreme Court has made AMENDMENT NO. 1067 WITHDRAWN leadership on these issues. clear an American citizen, who by his Ms. AYOTTE. Before I yield the Really, it comes down to this: We or her acts has declared themselves to floor, I need to briefly discuss the with- should not be telegraphing, we should be an enemy of the United States, can drawal of an amendment I have, which not be advertising to our enemies what be treated as an enemy combatant. If is amendment No. 1067, regarding noti- techniques our professional interroga- we change that now, it is not only fication of Congress with respect to the tors will use. This amendment is lim- wrong on principle, but it is absolutely initial custody and further disposition ited to the group of professionals who the wrong time to do this. of members of al-Qaida and affiliated will focus on these issues and who will Let me speak now for a moment—and entities. be gathering intelligence from terror- I am privileged to be the chair of the I have received assurances from the ists. Senate Homeland Security Committee. Armed Services Committee majority

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18389 and minority staff that these com- clearly and unequivocally refers back dress them in a timely fashion. I know ments and steps which are outlined in to al-Qaida, the Taliban, or its affili- this bill is not perfect. In fact, I pro- that amendment will be addressed ates. Thus, not only would any person posed two amendments to prevent the when the Defense bill goes to con- in question need to be involved with al- President from transferring foreign ference. Qaida, the Taliban, or its surrogates, terrorists to the U.S. to be prosecuted Therefore, Mr. President, I ask unan- but that person must also engage in a in the Federal court system, and I imous consent that my amendment No. deliberate and substantial act that di- joined with Senators DEMINT, COBURN, 1067 be withdrawn. But I also under- rectly supports their efforts against us and LEE to vote against cloture. How- stand that the Armed Services Com- in the war on terror in order to be de- ever, in regard to the assertions that mittee will take up my amendment tained under this provision. There is this bill allows the U.S. military to when the Defense bill goes to con- nothing in this bill that could be con- supplant our local police departments ference as part of the conference on strued in any way that would allow any or that it allows the Federal Govern- this bill. branch of the military to detain a law- ment to detain otherwise law-abiding The PRESIDING OFFICER. Without abiding American citizen if they go to citizens for simply carrying on in their objection, it is so ordered. the local gun store or grocery store. daily lives, those assertions are en- Mr. RUBIO. Mr. President, some peo- What this section of the bill does is tirely unfounded. As always, if anyone ple are wrongly suggesting that the help provide for our national security has any other questions, please feel National Defense Authorization Act for by giving clarity to the military in re- free to contact me. fiscal year 2012, this legislation will gard to its authority to detain people f allow the military to capture and in- who have committed substantially definitely detain any American citizen, harmful acts against the United MORNING BUSINESS and that the U.S. Armed Forces would States. This is extremely important The PRESIDING OFFICER. The Sen- be able to perform law enforcement given that there are al-Qaida cells cur- ate will now proceed to a period of functions on American soil because of rently operating within our borders. I morning business for the duration of 1 the authority conferred under sections would not leave the risk of a terrorist hour. 1031 and 1032 of the act. attack that could claim the life of a Mr. LIEBERMAN. Mr. President, I Several people have asked about my member of my family up to chance, and suggest the absence of a quorum. votes on the National Defense Author- I will not leave that risk for your fam- The PRESIDING OFFICER. The ization Act for fiscal year 2012. In par- ily either. clerk will call the roll. ticular, some people are wrongly sug- Section 1032 of this bill concerns a The assistant bill clerk proceeded to gesting that this legislation will allow smaller group of people who Congress call the roll. the military to capture and indefi- believes are required to be detained by Mr. GRAHAM. Mr. President, I ask nitely detain any American citizen, the U.S. military because people who unanimous consent that the order for and that the U.S. Armed Forces would fit within this criteria are a more seri- the quorum call be rescinded. be able to perform law enforcement ous threat to our national security. The PRESIDING OFFICER. Without functions on American soil because of Any person detained under section 1032 objection, it is so ordered. the authority conferred under sections must be a member of, or part of, al- Mr. GRAHAM. I would ask to be noti- 1031 and 1032 of the act. While I do have Qaida or its associates and they must fied when 10 minutes is up. other serious concerns with this legis- have participated in the planning or The PRESIDING OFFICER. The lation, those particular assertions execution of an attack against the U.S. Chair will let the Senator know when could not be further from the truth. I or our coalition partners. Simply put, 10 minutes is up. want to take this time to explain what the application of this detention re- f the law actually does, what my posi- quirement is limited to al-Qaida mem- DEFENSE AUTHORIZATION tion is on these issues, and why I joined bers that have tried to attack the U.S. with Senators DEMINT, COBURN and LEE or its allies. However, this detention Mr. GRAHAM. I would like to do a to vote for those specific sections but requirement is clearly limited by a colloquy with my good friend from against cloture on the final bill. clause that states that the requirement Connecticut. Section 1031 of this act merely af- to detain does not extend to U.S. citi- Senator LIEBERMAN said something firms the authority that the President zens or lawful permanent residents. that I think we need to sort of absorb. already has to detain certain people Together, these two sections do the As the chairman of the Homeland Se- pursuant to the current authorization following: They affirm the authority of curity Committee, does the Senator be- for use of military force. In fact, this the executive branch to act within our lieve the likelihood of American citi- same section of the bill specifically national interest, and they provide the zens being recruited, enlisted, and states that nothing stated in section Federal Government with the tools radicalized on behalf of al-Qaida is 1031 is intended to expand the Presi- that are needed to maintain our na- going up? Is that what the Senator is dent’s power. In addition, this section tional security. This bill does not over- trying to tell us? sets specific limits on who can be de- turn the Posse Comitatus Act; the Mr. LIEBERMAN. Mr. President, I tained under this act to only those peo- military will not be patrolling the say to my friend from South Carolina, ple who planned or helped carry out streets. This bill does not take away I not only believe it, but it is shown by the 9/11 attacks on the United States or our rights as citizens or lawful perma- the facts. people who are a member of, or sub- nent residents; the authority under I wish I had the numbers exactly in stantially support, al-Qaida, the this act does not take away one’s ha- front of me. But if we chart attempts Taliban, or their respective affiliates. beas rights. These sections do not take at terrorist attacks on the United There is no language that could pos- away an individual’s rights to equal States—and here I am limiting it to sibly be construed as repealing the protection under the 14th amendment people who are affiliated with the glob- Posse Comitatus Act and allowing the to the U.S. Constitution, nor do they al Islamist extremist movement—there U.S. military to supplant your local take away one’s due process rights af- were a few after 9/11, but in the last 2 police department in carrying out typ- forded under the 5th or 14th. If this bill or 3 years, the numbers have gone up ical law enforcement activities. did such a thing, I would strongly op- dramatically. In particular, some folks are con- pose it. I hasten to say these represent a very cerned about the language in section I want to thank everyone for reach- small percentage of the Muslim-Amer- 1031 that says that this includes ‘‘any ing out to the office to voice their con- ican community. But of course it person committing a belligerent act or cerns on this bill. I want to assure doesn’t take too many people to cause directly supported such hostilities of them that I always have, and always great havoc. We have been effective at such enemy forces.’’ This language will, listen to their concerns and ad- law enforcement and, frankly, we have

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18390 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 been lucky that all but two of these at- traordinary capability since 9/11. But it the Commander in Chief, he can sup- tempts have been stopped. But I think works very closely with the CIA, gath- press all the enemies, foreign and do- we would find law enforcement offi- ering international intelligence, NSA, mestic, that are at war with us? cials, Homeland Security officials say- homeland security, and the military. Mr. LIEBERMAN. I do. There has ing the toughest and most dangerous Mr. GRAHAM. As a team effort. been a lot of talk about the Constitu- threat right now to the homeland secu- Mr. LIEBERMAN. Right. tion. The Constitution makes very rity of the American people comes Mr. GRAHAM. Let’s imagine a sce- clear that the primary responsibility from homegrown terrorists who have nario next week where we find an al- we have in the Federal Government is been self-radicalized or radicalized by Qaida cell exists that is planning a se- to provide for the common defense, to somebody else. ries of attacks against the United protect the security of the American Mr. GRAHAM. I think that is impor- States, and within that cell we have people. tant for us to understand. Does the some American citizens and we have Mr. GRAHAM. So our courts have Senator agree with me that when we people who have come here who are recognized that during a time of hos- look at the war on terror, the United noncitizens. tilities, the executive branch has the States is part of the battlefield? Would the Senator agree with me, authority to detain an American cit- Mr. LIEBERMAN. Well, there is no since Congress has designated cooper- izen who is helping the enemies of the question our enemies have declared it ating or collaborating with al-Qaida to Nation. The question is, Does the Con- part of the battlefield. The very official be an act of war, that entire cell could gress want to change that for the first commencement of the war against be held as enemy combatants and ques- time ever? Islamist terrorism, 9/11, was an attack tioned by our intelligence community I would like to add something that on America’s homeland, on civilians. as to what they know about the attack my good friend from Rhode Island got Mr. GRAHAM. So let’s just go with and questioned on future attacks? me thinking about. I have always tried that thought for a moment. Mr. LIEBERMAN. That certainly to explain indefinite detention, what Let’s say our intelligence commu- should be the case, and we have had are we trying to do here? Clearly, in nity, our law enforcement community, this circumstance in reality. They are war, there is no requirement to let the and our military/Department of De- all part of the same enemy. In the case enemy prisoner go back to the fight fense are all monitoring al-Qaida the Senator posits, they have all been after the passage of time. We don’t threats at home and abroad; does the part of the same plot to attack the want to let any enemy prisoner go Senator agree with that? American people. back to the fight because that makes Mr. LIEBERMAN. Absolutely true. Mr. GRAHAM. So would the Senator no good sense. The problem with this Al-Qaida and like Islamist terrorist agree with me that the current law is war is, there is no definable end. That groups. very clear that anytime an American is the reason we have a habeas review, Mr. GRAHAM. Under the Posse Com- citizen joins the enemy force, they can because we will never know when hos- itatus Act, the military cannot be used be held as an enemy combatant; that is tilities are over. So an enemy combat- for domestic law enforcement func- the law? ant determination could be a de facto tions. Does the Senator agree with me Mr. LIEBERMAN. That is the law. As life sentence, and that is why our Su- that tracking al-Qaida operatives—cit- the Senator has said and Chairman preme Court said we want a judicial izen or not—within the United States LEVIN has said several times in the de- check on the executive branch. is not a law enforcement function; it is bate, there may be some in the Cham- So every enemy combatant will have a military function? ber who don’t like it, but that is what their day in Federal court, and the gov- Mr. LIEBERMAN. It is a combina- the U.S. Supreme Court has said very ernment has to prove, by a preponder- tion, truthfully. clearly. ance of the evidence to an independent Mr. GRAHAM. But our military has Mr. GRAHAM. If we capture an judge, that the decision to hold this the ability to defend us against al- American citizen as part of this cell person is warranted under the law. Qaida attacks at home, such as they do and we can’t hold them as an enemy That was what the Hamdi case was abroad. combatant for intelligence-gathering about. I think that makes sense be- Mr. LIEBERMAN. Right. purposes, does domestic criminal law cause it will not be the traditional war; Mr. GRAHAM. So if the Department allow us to hold someone for an indefi- it will be a war without a definable of Defense somehow intercepted infor- nite period of time to gather military end. mation about an al-Qaida cell, let’s say intelligence? The idea of continuing to hold them, in Connecticut or South Carolina, Mr. LIEBERMAN. No. if the judge says to the government: could they be involved in suppressing Mr. GRAHAM. Does domestic crimi- You are right, there is compelling evi- that cell? nal law focus on the wrongdoing of the dence this person was involved with al- Mr. LIEBERMAN. I would say what actor, based on a specific event, when Qaida, tried to get involved with a hos- has happened here since 9/11, and what we are trying to resolve a dispute be- tile act; you are right, they are part of we needed to have happen, is that the tween the wrongdoer and the victim? the enemy, you can hold them forever. old stovepipes have dissolved and we Mr. LIEBERMAN. Yes, it does. The But we have come up with an annual have military, civilian, CIA, FBI, each Senator is making a very important review process to make sure they will with a focus, working together. point. It goes back to the colloquy the have a chance every year to have their For instance, the Army doctor who Senator from New Hampshire and I case looked at. killed 13 people at Fort Hood, our com- had, which is, when we capture an Senator WHITEHOUSE got me think- mittee did an investigation in that enemy combatant, we do so for two ing. In our own law, under the civil jus- case. He was actually communicating reasons: One is to get that enemy off tice system—such as Hinckley, the with the radical cleric Awlaki in the battlefield, the second is to gather man who shot President Reagan, he Yemen over the Internet. That was intelligence. Sometimes the second was acquitted in court, by reason of in- picked up by international intelligence purpose is more important than the sanity, of shooting President Reagan. operatives. Part of the story is it first because it can lead us to other He has been in a psychiatric hospital wasn’t transferred effectively to the plots against the American people. ever since, and he can be held away Army so they could grab him before he Mr. GRAHAM. Does the Senator from the community because he is a committed the mass murder at Fort agree with me the reason the Supreme danger to himself or others. Hood. Court has recognized that an American I think what Senator WHITEHOUSE is But I have to say for the record, the citizen could be held as an enemy com- saying is, the idea that we can hold primary responsibility for counterter- batant if they collaborate with an someone—the Court has agreed with rorism now in the United States is enemy is that the Court views that as the government—as part of the enemy with the FBI that has developed an ex- an act of war; and under the powers of force as a continuing threat is not an

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18391 unknown concept. We just have to have series of standards, whether that per- citizen can collaborate with al-Qaida a review. son—— to kill us on our own soil and that is no The PRESIDING OFFICER. The Sen- Mr. GRAHAM. Wouldn’t the Senator longer considered an act of war? I ator asked to be notified at 10 minutes. agree that under domestic criminal would argue that that would be one of Mr. GRAHAM. I thank the President. law, that indefinite ability to question the most irresponsible decisions ever I would suggest to our colleagues, about enemy activity doesn’t exist? made in a time of war by an elected let’s think this thing through. Let’s re- Mr. LIEBERMAN. That is absolutely body. It not only would change the law alize that if the enemy is coming to right. The Senator stated earlier—and as we know it, it would create an op- our homeland, the enemy is recruiting it is an important point—this is the portunity and a hole in our defenses at American citizens; and if we find an danger we get into as we start to treat a time when, as the Senator has indi- American citizen who has, in fact, people who are terrorists as common cated, the threat is growing. joined forces with al-Qaida, our No. 1 criminals, or even uncommon crimi- I say to Senator LIEBERMAN, thank goal should be to gather intelligence to nals, which is that the criminal law you for being a steady, stern, con- prevent future attacks and to find out aims at imposing a penalty, doing jus- sistent voice along the line that since what that person knows about what tice, incarcerating somebody as a re- 9/11 our Nation has been in an the enemy is up to. Our secondary con- sult. The law of war is aimed at mak- undeclared state of war. The enemy cern should be prosecution. When we ing sure that enemy combatants, pris- still roams the globe. They have as interrogate somebody as the enemy oners of war, are taken off the battle- their hope and dream hitting us again combatant, the best thing we have on field—— here at home. And, for God’s sake, let’s our side is time. I don’t want to Mr. GRAHAM. And to my col- not weaken our defenses in a way that waterboard anyone, but I want to keep leagues—— no other Congress has ever chosen to them in a controlled environment Mr. LIEBERMAN. Until the war is weaken the executive branch in the where time is on our side, and I will over. past. I thank the Senator for his serv- argue that the best information we Mr. GRAHAM. I acknowledged in the ice. have from Guantanamo Bay detainees Christmas Day Bomber case, in the Mr. LIEBERMAN. I thank my friend did not come from waterboarding, it Times Square attempted bombing, that from South Carolina for his expertise came from the fact that we could hold they were put in Federal court. I am in this area and also his sense of prin- them for an indeterminate period of okay with that. I do believe in the ‘‘all ciple. We have colleagues on the floor time, and through time, they began to of the above’’ approach. Our Federal who want to speak. I want to say a cooperate and tell us valuable informa- courts can handle cases involving final word. I know the Senator from tion. transnational terrorists and al-Qaida South Carolina is particularly worried Does the Senator agree that is the members and so can military commis- about pending amendments that would concept we need to hold onto in this sions. The idea of reading somebody alter the way in which the underlying war? their Miranda rights may be the best bill now treats enemy combatants who Mr. LIEBERMAN. I thank my friend. interrogation technique. I know that are citizens of the United States. I absolutely agree. I talked to profes- we were able to get some good informa- The underlying provision in the bill sionals in this business of interroga- tion after reading Miranda rights. on detainee treatment fills a gap in our tion, and they say some of the most ef- I guess the point I am trying to make law that has been harmful and difficult fective interrogation takes time. I is I acknowledge that the people doing for our military to deal with because have had people describe to me detain- the interrogation are better suited to there is no law about how to treat de- ees who were totally uncooperative, make that decision than I am. I just tainees. Senator GRAHAM worked very and they were asked over and over for don’t want the Congress by legislation closely with Senator LEVIN and Sen- days and weeks and months, and then to say for the first time in the history ator MCCAIN to draft this compromise, finally broke and began to give infor- of the country in this war—unlike any and it is a good compromise. As he mation that was critically important other war you no longer have it avail- knows, if I had my preference, there for the protection of our country. So I able to you, the U.S. Government, the would be no waiver in this because I be- do agree. ability to hold somebody as an enemy lieve anybody who is an enemy com- I want to stress two things the Sen- combatant if you believe that is the batant is an enemy combatant and as a ator from South Carolina has said be- best way to gather intelligence. I am matter of principle ought to be held in cause it is very relevant to the attempt not saying the other system cannot be military custody and tried by a mili- to give special status to Americans used. Let’s leave it up to the profes- tary tribunal according to all the pro- deemed to be enemy combatants in the sionals. tocols of the Geneva Conventions, ac- contravention of existing U.S. Supreme But the Senate is suggesting through cording to the Military Code of Justice. Court rulings that say if you are an the legislation being proposed that the Incidentally, if these tribunals are American and you are found to have idea of holding an American citizen good enough for American men and joined the enemy, then you can be who is suspected of collaborating with women in the military who face treated as an enemy combatant, which al-Qaida that they can no longer be charges, they ought to be good enough common sense tells you is what you held as an enemy combatant is not for enemy combatants who face are. only changing the law, it is taking off charges. Here is what I want to say, and this the table a tool that I think we need But here is my point: The Levin- is important to what we are here for. now more than ever. I don’t want us to McCain-Graham provision in this bill There are two kinds of due process that lose sight of the fact of what we are on detainees is a compromise. It is a are put into the bill, the underlying doing here and what it would mean to reasonable, effective, bipartisan com- language and the compromise that has our country and our ability to defend promise. It is the kind of compromise been adopted on the treatment of de- us. No one in World War II would have that doesn’t happen here enough, and tainees. One, for the first time there is tolerated the idea that someone who so I support it because even though I a judicial process to determine the sta- collaborated with a Nazi trying to kill might have wished it would have gone tus of the detainee, whether evidence us on our own soil would have any further, so to speak, it is a lot better shows that the detainee should, in fact, other disposition than to be considered than the status quo. And I say that at be treated as an enemy combatant. The an enemy of the American people. this moment because I urge our col- second is that while the enemy com- My question for this body is: Do you leagues who now want to come in with batant is subject to indefinite incarcer- think al-Qaida is an organization that other amendments, to essentially undo ation, that indefinite incarceration is doesn’t present that same kind of this bipartisan compromise can do subject to annual review now. So we threat? Is it the Senate’s desire to say great damage. I am saying myself, yes, can determine, according to a stated during these times that an American I wish it had not given the President

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18392 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 the power to waive that he has under the Nazis blow up America as an enemy Until banks are willing and able to the bill and take somebody who is an combatant, why wouldn’t you want to make prudent loans to creditworthy enemy combatant to a normal article help hold an American citizen who is hometown customers, job creation will III Federal court, but this provision is helping al-Qaida—which did more dam- remain stifled and our economic recov- a real step forward from the status age to the homeland than the Nazis—as ery will continue to lag. quo, and I think if we can say that, an enemy combatant? Why would you The evidence seems clear to me that then we ought to support it. So I hope want to take off the table the ability the current regulatory requirements our colleagues will think twice before to hold that person, humanely interro- impose a disproportionate burden on trying to undo the compromise, and gate them to find out why they joined, community banks because they do not that if they do go forward with it, that who they talked to and what they operate on the scale to spread the legal our colleagues on the floor will defeat know? Because what they know and and compliance costs. When a bank those amendments. who they talked to may save thousands with, say, just 40 employees requires 4 Mr. GRAHAM. Mr. President, I will of lives. For us to say you cannot do compliance experts, I believe some- wrap this up. I know we have col- that for the first time in the history of thing is terribly wrong. leagues who want to speak. Let me re- the country would be a colossal mis- This expensive overregulation dimin- iterate what Senator LIEBERMAN said. take. ishes the ability of a community bank There is a stream of thought that I yield the floor. to attract capital and to support the every member of al-Qaida, American The PRESIDING OFFICER (Mr. BEN- credit needs of customers. What that citizen or not, is an enemy of the peo- NET). The Senator from Kansas. means is that someone who wants to be ple of the United States in a military f a stockholder or the owner of a com- sense, not a criminal sense, and they munity bank, because regulatory re- COMMUNITIES FIRST ACT should be in a military tribunal. That quirements increase the cost of capital, is the way we have handled most cases Mr. MORAN. Mr. President, I am will decide there is a different way to in the past. here to speak on another topic, but it earn a living, a different place to in- Here is what I believe: I believe that has been my privilege to hear the dis- vest that capital. So, in short, these the choice of venue should lie with the cussion between the Senator from burdens prevent a community bank executive branch, and I think there is a South Carolina, Mr. GRAHAM, and the from serving the community, and they very robust role for article III courts. Senator from Connecticut, Mr. LIEBER- avoid, therefore, the resulting job cre- So I don’t want to say from a congres- MAN, about what I think is a very seri- ation that comes when a community sional point of view that every member ous debate; that is, the juxtaposition of bank invests at home. of al-Qaida has to be tried by a mili- our constitutional rights as U.S. citi- All of the regulations being piled on tary commission all the time, because, zens in light of our desire to make sure community banks might be justified if quite frankly, sometimes article III Americans’ lives are protected. I have the failure of a community bank could courts could be the better venue. When always struggled with trying to find pose a serious risk to our Nation’s fi- it comes to telling the executive that right balance, and I found to- nancial system, but that is clearly not branch that you have to put a noncit- night’s conversation on the Senate the case. It was not the failure of sev- izen in military custody inside the floor very valuable. eral hundred community banks that United States, I think that is the right I wish to turn my attention and bring left our economy in such poor condi- way to do it, but I don’t know enough, to the attention of my colleagues in tion; it was the financial condition of a so if there is a reason to waive that the Senate a pending piece of legisla- handful of the largest firms in America provision, the experts can waive it. tion, a bill I have introduced dealing that grew so large and so complex that I have been very cautious about with our country’s economy and par- their failure or bankruptcy could not micromanaging the executive branch ticularly as it relates to financial in- be tolerated and the consequences because they are the ones fighting the stitutions and particularly our commu- would affect every American. We need war. We have a role to play, we have a nity banks. a tailored approach to regulation. voice to be heard, and here is what I There are, as we know, so many Ross Wilson, one of my constituents am urging some my colleagues. This Americans who are looking for work. I in LaCrosse, KS, a banker, wrote to compromise is not what some of our would say our government’s first pri- me. He says his bank will no longer friends wanted, such as Senator LIE- ority is to defend our country, and we make home loans, real estate loans. BERMAN and, quite frankly, it is not have been having a debate about how This is his quote: what the ACLU wants, because they we do that, but we also have a signifi- As a community banker, I really hate this don’t buy into the idea that al-Qaida cant responsibility to create an envi- decision, but the complexity of the new regu- operatives are anything other than ronment where businesses can grow lations have forced us to make this decision. common criminals. So you have two and put people to work. I want to point It appears that the powers that be in Wash- poles here. I believe an al-Qaida opera- out tonight a piece of legislation I have ington don’t understand the importance of a tive is not a common criminal, and if introduced that I believe is part of the small community bank. an American citizen joins al-Qaida solution. It is called the Communities When your hometown bank won’t they should be treated as an enemy First Act, and it is a compilation of make a home loan to one of its cus- combatant as one possibility. But if what I would say are commonsense tax tomers not because the loan won’t be you want to go down the other road, and regulatory relief ideas for our Na- repaid but because the regulatory costs you can go down that road. I just don’t tion’s smallest financial institutions. are far too significant, our regulations want us to take off the table, for the We constantly hear about Wall have far exceeded their value. first time in the history of America, Street. I want to worry tonight about How does the Communities First Act that an American citizen trying to help Main Street. These banks in commu- that I have introduced change this the enemy kill us here at home some- nities across Kansas and in States trend and restore some level of sanity how can no longer be talked to by our across our country were not the cause to our financial regulations? This bill military to gather intelligence. That is of the financial crisis from which we would strip away outdated and unnec- a crazy outcome. are still struggling to emerge, but un- essary regulations, such as the Gramm- I think we have a good bill that gives fortunately they have become the vic- Leach-Bliley annual privacy notice re- maximum flexibility to the executive tims. They have become casualties of quirement. Under current law, every branch but preserves the tools we are the crisis on Wall Street. Hundreds of bank and credit union is required to going to need now and into the future. community banks have been allowed to disclose their privacy policies on an an- And to my colleagues, please ask your- fail, and the survivors are left waiting nual basis even if that bank’s policy self: If in World War II we could hold for the next burdensome regulation to has never changed during the year. So an American citizen who tried to help come from Washington, DC. you can have a customer of a bank who

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18393 has been a customer forever, and the The provisions of the Communities What should not have happened was bank has a policy in place that never First Act are just a first step in the unprecedented level of political and changes, but every year the bank has unleashing the ability of small banks congressional interference in this case. to send out a significant mailing to to do what they do best—provide cap- It wasn’t just that Republican elected every customer explaining their policy ital that results in jobs. officials attempted to try this case in in regard to privacy. While that burden Congress has created a regulatory the press, they went far beyond that. maybe doesn’t sound too significant, it monster, and I urge my colleagues to House Republicans attempted to elimi- is a costly requirement of questionable join me in removing unnecessary bur- nate the board’s funding entirely be- benefit. dens from our financial system and co- cause of this case. Senate Republicans Blake Heid of the First Option Bank sponsor S. 1600, the Communities First have blocked the nominees for the in Paola, KS, tells me: Act. While this legislation may di- board and the General Counsel of the Very little of what the regulations have us rectly benefit our Nation’s community NLRB. House Republicans tried to sub- do is productive or helps us take care of our banks—our small financial institu- poena the prosecutor’s case file so they customers better. Just the privacy notices tions—the real beneficiaries are the en- could obtain documents that the com- alone cost our small bank in excess of $13,000 trepreneurs, the Main Street small pany had been unable to obtain in the annually. We haven’t changed it . . . we business men and women, and farmers never sold our customer information, and we litigation. A Member of this body still don’t. and ranchers who, with access to cred- called the NLRB Acting General Coun- it, can help put Americans back to The Communities First Act would sel, Mr. Lafe Solomon—an independent work. also address an issue regarding SEC prosecutor and a 30-year career veteran Thank you, Mr. President. of the agency, not a political ap- registration by community banks. The I yield the floor. pointee—a Member of this body called number of shareholders which triggers The PRESIDING OFFICER. The Sen- a registration has not been updated in ator from Iowa. him and threatened to come after Mr. a long time and remains a burden that Mr. HARKIN. Mr. President, par- Solomon ‘‘guns ablazing’’ if he brought discourages community bankers from liamentary inquiry: Are we in morning charges against Boeing. I am informed raising capital and making loans. business? that the House Oversight Committee The Communities First Act would The PRESIDING OFFICER. We are. actually threatened to try to revoke the bar licenses—the bar licenses—of also reform which banks are required f to comply with the costly burdens of individual career attorneys at the Na- Sarbanes-Oxley. Current law exempts BOEING CONTRACT EXTENSION tional Labor Relations Board because banks with market capitalizations Mr. HARKIN. Mr. President, I have of this case. under $75 million from compliance come to the floor this evening to con- I have never, in all my years in pub- under section 404. The benefits of that gratulate the president of the Inter- lic office, seen such a brazen and inap- section do not appear to be worth the national Association of Machinists propriate interference with the busi- cost, so my legislation raises that union, Tom Buffenbarger, and Boeing’s ness of an independent agency, and I threshold. CEO, Jim McNerney, on their agree- hope to never see it again. The time Another commonsense provision ment today to extend their current and attention that House Republicans would encourage Americans to save by contract for 4 years. This is a good have devoted to their attack campaign reducing the tax on longer term certifi- deal. It reflects a strong and commend- against the National Labor Relations cates of deposit. It would also allow for able commitment by Boeing to con- Board is nothing short of astonishing. individuals under the age of 26 to in- tinue having their top-quality products What is even more absurd and shame- vest in Roth IRAs without regard to made by top-quality workers. It pro- less is the fact that they claim this at- their income level. We desperately vides real job security and fair treat- tack campaign was intended to save need Americans to save money for ment for the company’s valued employ- jobs. What saved jobs was the negotia- their long-term retirement benefits. ees. It will also resolve the current tions between the great company, Boe- The Communities First Act would labor dispute between the company and ing, and the great union, the machin- also reform the new Consumer Finan- the union that is pending before the ists union. That is what saved the jobs. cial Protection Bureau so that the Na- National Labor Relations Board. This I am mystified by the suggestion by tional Credit Union Administration, settlement is a step forward for a great some Republicans that gutting the the FDIC, the Federal Reserve, and the company—Boeing—a step forward for a NLRB would somehow revive our econ- other regulators would have a mean- great union—the machinists union— omy. In survey after survey, business ingful role in the creation of consumer and a step forward for our great Na- leaders agree about what is hurting the protection rules. Dodd-Frank provides tion. Again, I commend the CEO of economy. It is not government. It is these regulators insufficient input, and Boeing, Mr. Jim McNerney, and the not regulation. It is not the NLRB. It review of the CFPB and the results of president of the machinists union, Tom is the lack of consumer demand. Work- poorly written regulations could mean Buffenbarger, for working out this ers don’t have enough money to buy less credit and, again, fewer jobs. agreement. things, and the economy won’t pick up There seems to be some disagreement This agreement is also a compelling until they do. Weakening workers’ here in Washington, DC, today about demonstration of the fact that the rights and taking away their ability to the effects of burdensome regulations NLRB—the National Labor Relations speak up for fair treatment will only on our economic recovery. But back in Board—process works for all con- make the problem worse. Kansas, Jay Kennedy of the First Na- cerned. When an alleged unlawful ac- Attacking American workers and the tional Bank of Frankfurt indicates: tivity happens, a charge is filed with agency that protects them is a poor Our staff of 71⁄2 people are busy taking care the NLRB. That is what is supposed to substitute for a real job-creation strat- of our customers and serving our commu- happen. While the NLRB’s process was egy. Americans know that the National nities. The extra burden from things like playing out, the parties were able to sit Labor Relations Board is not remotely tracking escrow payments, sending privacy down, negotiate, and strike a deal, responsible for our country’s economic notices, and filing call reports that take a month to complete all create undue stress which they announced today. As a mat- woes. Incapacitating this agency will and busy work for us. ter of fact, that is what happens to not put food on people’s tables, help Kansans don’t know what the words most unfair labor practice charges filed them keep their homes, find jobs, or ‘‘busy work’’ mean. at the NLRB. It is all a part of the send their kids to college. It will, how- process at that independent agency. ever, send a strong message to those The relief of those three things alone would allow us time to teach financial lit- Just as in our court system, cases set- few—few—unscrupulous employers who eracy that our schools can no longer afford tle to the benefit of both parties. That want to take advantage of this bad to do and create new products to better serve is what happened here. It also settled economy to mistreat hard-working our customers. to the benefit of our Nation. people. Fortunately, that is not the

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18394 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 case with Boeing. Without the NLRB, I am standing on the U.S. Senate floor With a little common sense, we can there would be no watchdog, and it today trying to convince the majority pay for the payroll tax cut without would be open season on workers’ not to raise taxes on small businesses. raising taxes on job creators, we can rights. At a time when decent jobs, I am proud of my State. I am con- reduce government spending where it is good wages, and fair treatment are get- fident that, with the right policies in no longer needed, and require the rich- ting harder and harder to find, this place, Nevadans can find job opportuni- est Americans to pay higher premiums would be a step in the wrong direction ties and overcome these difficult times. for Medicare. This will allow us to for our country. But in order for that to happen, Con- strengthen and preserve Medicare for The National Labor Relations Board gress must put partisanship aside and those Americans who rely on the pro- is an independent Federal agency come together to pass meaningful leg- gram the most. And since my col- charged with an important mission. In islation that benefits Americans who leagues on the other side of the aisle fulfilling that mission, the dedicated need help in this tough economy and frequently talk about how the richest professionals at the board are doing expand opportunities for employers Americans should be doing more, I be- their jobs as the law intended. looking to hire. lieve this is an approach that both Now it is time for the Republicans in Extending the payroll tax cut will Democrats and Republicans can sup- the House and the Senate to do the allow Americans to hold on to wages port. same. Instead of continuing to pursue they worked hard to earn. Under my By voting for this alternative plan, this pointless and distracting partisan plan, hard-working American tax- Congress can put political gamesman- crusade to dismantle and do away with payers will not see a tax increase. ship aside and support a workable solu- the National Labor Relations Board, it Under my plan, we will prevent a tax tion for all Americans. The bipartisan is time to put this episode behind us. It increase on those already receiving the veterans jobs bill, along with the 3-per- is time to recognize the NLRB is doing payroll tax credit. And under my plan, cent withholding bill Congress passed its job, that companies and unions will employers can continue to invest in earlier this month, is proof that when sit down and work things out and set- their businesses, so they can grow, ex- Congress has the will to work together, tle things out without the Senate and pand, and hire more workers without we can find a pathway forward. the House and Governors—and Gov- the fear of a tax increase. My proposal provides Congress with ernors—of other States trying to inter- Americans need jobs desperately. another opportunity to break the polit- fere and make it a political football. Congress should be focused on policies ical gridlock here in Washington, DC, Again, I congratulate the Boeing that create jobs and drive long-term and vote for a solution that can pass Company and the International Asso- economic growth. The legislation I Congress and be signed into law. I am ciation of Machinists in doing what is have proposed allows Congress to re- hopeful Congress can work together to best for America. sponsibly extend the payroll tax cut extend the payroll tax cut and preserve Mr. President, I yield the floor. and treat taxpayers’ dollars appro- opportunities for job growth. It is past The PRESIDING OFFICER. The Sen- priately. time Congress put aside politics and fo- ator from Nevada. There is no question Congress should cused on policies that work for Nevad- f extend the payroll tax cut. Repub- ans and all Americans already strug- licans, Democrats, Independents, ev- gling in this difficult economic envi- EXTENDING THE PAYROLL TAX eryone agrees on that. But we should ronment. CUT not do it by turning around and raising Mr. President, I yield the floor. Mr. HELLER. Mr. President, I thank taxes on employers everywhere. The PRESIDING OFFICER. The Sen- you for the opportunity to spend a few Nevadans are looking for jobs. In- ator from Minnesota. minutes here on the Senate floor. And creasing taxes on small businesses in f I want to thank the previous speaker, Nevada is bad economic policy, and Senator MORAN from Kansas, for his taking away the capital they could use SEXUAL ASSAULT IN THE timely comments, specifically regard- to invest makes little sense. MILITARY ing housing, the ability for small insti- Rather than finding a solution for Ms. KLOBUCHAR. Mr. President, I tutions, community banks to be able to hard-working Americans, the majority rise today to speak in regard to the Na- produce the capital they need to help has chosen to go down a path that is tional Defense Authorization Act, and these small businesses and these home- engineered purposely to fail. They in particular to certain sections of that owners, but, specifically, for the ability know there is little chance a tax in- bill which target a serious but often to create jobs. It dovetails into what I crease on hard-working American tax- underaddressed problem facing the men want to talk about today; that is, solu- payers and their businesses will pass and women of our Armed Services. This tions, solutions for the American peo- the Senate, and they know there is no is the issue of sexual assault. ple. chance their tax increase will pass in I introduced this legislation on this This week, Congress has an oppor- the House. So instead of success and issue in the spring with Senator SUSAN tunity to come together to help hard- reaching bipartisan agreement, the ma- COLLINS, and I remain deeply con- working Americans, those taxpayers, jority has chosen to focus on failure cerned about the subject. and extend the payroll tax cut holiday. and scoring political points. Many of our colleagues are aware No State needs Congress to put aside Honestly, these are the games the that sexual assault is a persistent prob- political bickering more than the great American people are tired of: the ‘‘my lem within our Armed Forces. In fact, State of Nevada. way or the highway’’ mentality, pro- reports of trauma have risen in recent Right now, as a percentage, more Ne- posals that have no chance for success, years. vadans are looking for jobs than in any bickering at the expense of our econ- In March, the Department of Defense other State. Right now, more Nevadans omy. put out its annual report on sexual as- are having difficulty holding on to We have a divided Congress. That sault in the military. According to the their homes than in any other State. means to ensure 160 million Americans estimates, there were more than 3,000 And right now, more Nevadans are fil- receive an extension of this tax cut, we reports of sexual assault in the mili- ing for bankruptcy than in any other need to move beyond petty politics of tary last year. That includes reports by State. this majority. both male and female victims, exposing There was a report released yester- As a Senator from the State that is attacks perpetrated both by and day that named Nevada the toughest leading the Nation in unemployment, I against members of our military. And place in the country to find a job. am particularly disturbed by this de- those are just the reported attacks. Our No. 1 priority in this Congress termination to play the political game Since the Department of Defense esti- should be to turn this economy around rather than focus on solutions that mates that only 13 percent of victims and get people working again. Yet here work for all Americans. actually come forward, we can assume

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18395 the real number of sexual assaults is have 10 years. There is no policy, and Wars, the Disabled American Veterans, much higher—upwards of 19,000. many of these records are destroyed. and the Iraq and Afghanistan Veterans The Department of Veterans Affairs These are records of sexual assault. of America, as well as the Service- has reported similarly disturbing fig- Across the board, these policies—or women’s Action Network. ures: More than 20 percent of female lack thereof—are bleak. In a signifi- The Support for Survivors Act is servicemembers seen at VA medical fa- cant number of cases of sexual assault, straightforward. Quite simply, it re- cilities say they were sexually as- the data is destroyed within 1 year. It quires the Department of Defense to saulted or harassed during their serv- is simply shredded. ensure lifelong storage of all docu- ice. The problems this can cause for serv- ments connected with reports of sexual Let me make this clear. We know the icemembers are extensive. Within 1 assault and sexual harassment in the vast majority of the men and women year, the servicemember loses the military, while also maintaining full serving in our military would never be proof that he or she experienced a sex- privacy for those involved. involved in a sexual assault. They have ual assault connected to their military Likewise, the purpose and motiva- the toughest jobs out there. They are service. tion of this legislation is also pretty on the front lines every day. But when As a prosecutor, if you have someone simple. It is about supporting our vet- we have a problem, we cannot put our who is maybe accused of a crime—or erans. heads in the sand and pretend it is not maybe no one followed through on it, I have always believed that when we happening. and then later they go on and they ask men and women to sacrifice for us In 2008 alone, VA medical personnel commit an actual crime and there is a in defense of our Nation, we make reported nearly half a million encoun- trial—you want to be able to access the them a promise that we are going to ters with veterans that focused on sex- records from the past. give them the support when they come ual assault and harassment. Our serv- Also, for the individual victim, it home. As Abraham Lincoln said: We icemembers are already dealing with means they no longer have access to need to care for those who have borne the stress of battle. They are fighting the evidence necessary for pursuing the battle. two wars, and they are responding to criminal action against their perpe- Well, protecting our servicemembers’ other conflicts and needs around the trator. personal records, protecting their globe. It also means if the victim experi- rights is just about that. This week, The idea that an American in uni- ences depression or any other ailment, Senators are considering a critically form—who is out there on the front either mental or physical, relating to important bill, the National Defense lines, serving our country—may also the assault, they may not be able to Authorization Act. I am happy to say suffer the physical and emotional trau- prove it was caused during their serv- this year the Defense authorization bill ma of sexual assault is simply unac- ice, meaning they will not be able to already includes a significant majority ceptable. It is also unacceptable that seek VA disability benefits. of the provisions of my Support for the records of that assault would be de- There are far too many examples of Survivors Act. stroyed. this out there—of servicemembers This summer, the Senate Armed According to the VA, women who ex- being denied compensation from the Services Committee saw fit to address perience sexual assault or sexual har- VA for disabilities caused by military the issue of military sexual assault assment in the military have a 59-per- sexual assault. There are far too many during its markup of the bill. I am cent higher risk of developing mental examples of servicemembers who have grateful for the time and effort my col- health injuries. been told to ‘‘find a witness.’’ And leagues have invested in reviewing this Sexual trauma does not just hurt the when there are no witnesses, they have issue. Already, the National Defense victims. It can also take a huge toll on been told to ‘‘get their attackers to at- Authorization Act requires the Depart- the soldiers who serve by their sides. It test to the assault.’’ This is not the ment of Defense to collaborate with has been shown to severely undermine way we should be treating our service- the Department of Veterans Affairs in military cohesion, team morale, and members. developing a comprehensive policy for overall force effectiveness. This year, my office was contacted ensuring retention and access to sexual The Department of Defense is well by a group of Minnesota women vet- assault records. aware of this problem, and over the erans—veterans of all ages—who have Importantly, the bill ensures protec- years it has taken some positive steps bonded together to share their stories tion of the privacy of the records. It to address it. of sexual assault and to advocate for also calls on the Defense Department For example, the Pentagon has cre- stronger protections from the Depart- and the VA to address access to the ated positions for personnel specially ment of Defense and the VA. records not only for victims but also to trained to handle reports of sexual These women signed up to serve. the VA, law enforcement, and other en- trauma. It has improved counseling They performed well and honorably. tities that may need to access them. services for victims. And it has imple- And if in the course of their service, The bill also seeks to make the policy mented new training procedures for they experience an assault—an assault uniform across all service branches so commanders. But despite these impor- that would not have been experienced members of the Air Force, the Army, tant improvements, the Defense De- if they had not volunteered—then we the Navy, and the Marines are given partment continues to fall short in one owe them the basic decency of keeping fair treatment. very key area: ensuring the lifelong their records. That is all we are talking Why would you have records de- preservation of victims’ records from about here. stroyed of sexual assault in one branch reports of sexual assault. We have appreciated that the Depart- after a year and another branch after 5 As a former prosecutor, I know first- ment of Defense is open to it, that the years and another after 10 years? It is hand how important it is to preserve leaders of this bill are working with us my position they should not be de- the data connected to crimes like sex- on this issue. stroyed at all. The one provision which ual assault. That is why I am so trou- I originally introduced this bill with was not included in the Defense Au- bled by the gaps we have seen at the Senator COLLINS, Senator MURKOWSKI, thorization Act, which I believe is vi- Defense Department. and Senator MCCASKILL. We were able tally important, was the requirement As of now, there is no coordinated, to get 23 cosponsors on this bill, includ- that records be stored throughout the cross-service policy for ensuring the ing every single woman in the U.S. life of the victim. Storing records for a preservation of medical records and Senate. person’s lifetime is, in my mind, com- other information that is related to The Support for Survivors Act also is mon sense. All other critical records, sexual assault. In this day and age, it endorsed by several key veterans serv- such as our health records, insurance seems a little crazy. Some of the ice organizations, including the Amer- records, banking records are stored branches have 5 years; some of them ican Legion, the Veterans of Foreign throughout our lives. So I believe the

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18396 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 case should be the same here. Unfortu- I see my colleagues, the leaders on agreed that this study, which will be nately, the Defense Authorization Act this bill, Senator LEVIN and Senator done in consultation with people who does not require lifelong storage. In- MCCAIN, are here. I again thank them have knowledge, can be done independ- stead it put this question entirely in for working with me on this amend- ently and in a prompt way with an the hands of the Defense Department, ment. independent study. requiring only that the records be I yield the floor. I think he has reached that conclu- stored for 5 years and otherwise allow- The PRESIDING OFFICER. The Sen- sion. I think he is right. I believe Sen- ing the agency to determine its own ator from Arizona. ator WEBB, if he were here, would want timing. Mr. MCCAIN. Mr. President, I thank to indicate his strong support because Five years is not enough. Yes, it is the Senator from Minnesota for her the three of us have worked together five times the length of time the strong efforts on behalf of the men and for this kind of an effort. records are currently stored, and in women in the military and their wel- With that, I would indicate my that respect it is a good step. But it is fare and benefits. She is an advocate strong support. not enough, not in a modern day where and a person who is committed to mak- I yield the floor. we store records and we have ways of ing sure that not only those who are The PRESIDING OFFICER. The storing records in a way—and certainly now serving but those who have are question is on agreeing to the amend- the Defense Department knows how to cared for by our society and by our ment, as modified. store these records—that is private. military and our veterans facilities. The amendment (No. 1246), as modi- That is why I have filed an amend- So I thank the Senator. I appreciate fied, was agreed to, as follows: ment that would ensure that almost all the very eloquent statement she just On page 439, line 18, insert ‘‘, in consulta- sexual assault records are stored for an made. tion with the Chairman and Ranking Mem- estimated 50 years. This solution is one bers of the Committees on Armed Services of f that I have discussed personally with the Senate and the House of Representa- tives,’’ after ‘‘Secretary of Defense’’. Senator LEVIN. It is also something my DEPARTMENT OF DEFENSE AU- office has worked on closely with the THORIZATION ACT OF 2012—Con- Mr. LEVIN. Mr. President, I move to Department of Defense. Although 50 tinued reconsider the vote. Mr. MCCAIN. I move to lay that mo- years is not necessarily the life of the The PRESIDING OFFICER. Under victim, it gets us a long way and is cer- tion on the table. the previous order, the Senate will re- The motion to lay on the table was tainly better than what we have now. sume consideration of S. 1867. I thank Chairman LEVIN for his will- agreed to. The PRESIDING OFFICER. The Sen- Mr. MCCAIN. Mr. President, I would ingness to work with me on this impor- ator from Michigan. tant issue and for his efforts to include ask my friend, the chairman, if perhaps Mr. LEVIN. Mr. President, while the we could give our colleagues a brief up- this amendment in the overall bill. I Senator from Minnesota is here, let me also thank the Republicans, the other date on where we are. There are not add my voice of thanks and apprecia- that many amendments remaining. side of the aisle, for working with us tion for what she continually is fight- and the fact that this was a bipartisan There are a couple of rather serious ing for in the area of sexual assault. amendments concerning detainees that amendment from the beginning. Again, Her amendment makes great sense. We the sponsorship on the underlying bill are still outstanding. But overall I have cleared it on our side. We hope it think we can tell our colleagues that included the sponsorship of all women gets cleared so that we can get this Senators in the Senate. we are pretty well moving along. into a package—and we hope we can We still have a pending package of I urge my colleagues to support this get a package that is adopted. amendment as well as the strong provi- amendments that have been agreed to But I want to just commend the Sen- by both sides that, unfortunately, we sions in this bill that address sexual as- ator for her intrepid effort that is awe sault protections for military mem- are unable to move forward. But, hope- inspiring on behalf of people who need fully, we will be able to do that. bers. The problems with sexual trauma all of the fight and all of the protection within the military are broad. But the Mr. LEVIN. Mr. President, we indeed that we can give them, those are people provisions included in the bill, includ- have been making progress, No. 1. We who have been assaulted sexually. I ing my amendment, are important ad- made significant progress today both commend the Senator. vancements. I intend to monitor the on the pending amendments that need- The PRESIDING OFFICER. The Sen- Defense Department’s implementation ed to be addressed by the full Senate, ator from Arizona. of these provisions. Although I was not as well as a major package of amend- able to secure the full lifelong record AMENDMENT NO. 1246, AS MODIFIED ments which has been cleared on both preservation, I am going to keep fight- Mr. MCCAIN. I send an amendment to sides. ing this fight. But 50 years for most of the desk, as modified, No. 1246, and ask There is another package of amend- the records is a pretty good result for its consideration. ments to which there has been no— given what we have in place right now. The PRESIDING OFFICER. The they have been cleared, which means This year, the Department of Defense amendment is already pending. they are available to everybody, and has finally placed a military officer in Mr. MCCAIN. Mr. President, the there is no objection by anybody to the charge of its Sexual Assault Protection amendment is to require the Secretary substance of those amendments. If and Responsive Office, GEN Mary Kay of Defense to consult with the Armed there is any objection, then they are Hertog. I believe she has not only a Services Committee in commissioning not going to be cleared. They would good grasp on the importance of pre- an independent assessment of U.S. se- then have to be brought up to the serving records but also the rank and curity interests in East Asia and in the whole body. weight necessary to forge real change Pacific region. It has been cleared on Tomorrow we have a number of sig- in the Department’s policy. both sides. I urge adoption of the nificant amendments to address, in- I intend to continue my communica- amendment. cluding the Feinstein amendments, the tion with General Hertog, and I look The PRESIDING OFFICER. Without Menendez-Kirk amendment on Iran forward to finding a policy that en- objection, the amendment is modified. sanctions, just being a few of them. sures that victims have lifelong access Mr. LEVIN. Before the amendment is But there are a number of other ones to their personal records. When our adopted, I just wanted to indicate our as well. In a moment, what I am going men and women signed up to serve support of the amendment. It is in a to be asking for is unanimous consent there was not a line, and there should very significant area which has to do that when we come in tomorrow the not be a line when they get back—not with our force structure in the Pacific. first amendment pending be my for jobs, not for education, and not to Senator MCCAIN has been very active amendment, No. 1293, on high-speed receive the medical benefits or health wanting to look at that because we ferries, which apparently will require a protection they have earned. have to look at it in depth. He has rollcall vote.

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Mr. LEVIN. Mr. President, I move to He is agreeable that we start with that (b) FORM.—The report required by sub- reconsider the vote. amendment, No. 1293. section (a) shall be submitted in unclassified Mr. MCCAIN. I move to lay that mo- Mr. MCCAIN. Mr. President, we think form, but may include a classified annex. tion on the table. we can get wrapped up tomorrow. But Mr. LEVIN. Mr. President, I move to The motion to lay on the table was there are serious amendments remain- reconsider the vote. agreed to. ing. The Menendez-Kirk amendment is Mr. MCCAIN. I move to lay that mo- Mr. LEVIN. Mr. President, I believe a very serious amendment and one that tion on the table. Senator INHOFE may wish to be recog- probably is going to deserve some de- The motion to lay on the table was nized to talk about another amend- bate time as well as the Feinstein agreed to. ment or a couple amendments that he amendment. The Sessions amendment Mr. LEVIN. Now I believe we have has. We will not take any further ac- also is one as well. So I think our col- one other, Senator INHOFE’s amend- tion on those amendments now. leagues should be prepared for a pretty ment, which now I think is agreeable I think we are perhaps, hopefully, interesting day tomorrow. on both sides. ready soon to offer a unanimous con- AMENDMENT NO. 1185, AS MODIFIED AMENDMENT NO. 1098, AS MODIFIED sent on what I described a moment Mr. SESSIONS. Mr. President, I ask Mr. INHOFE. Mr. President, I have ago—how we will begin in the morning. unanimous consent that my amend- amendment No. 1098, as modified. I ask We will wait for that to be prepared. ment No. 1185 be modified with the that it be considered. I yield the floor. changes at the desk. The PRESIDING OFFICER. Without Mr. INHOFE. Mr. President, I have The PRESIDING OFFICER (Mr. objection, the amendment is modified. two amendments that I believe are BEGICH). Without objection, it is so or- The amendment (No. 1098), as modi- very significant. However, I don’t be- dered. fied, is as follows: lieve they will clear, and that is the Mr. SESSIONS. This amendment At the end of subtitle E of title VIII, add reason I will not be bringing them up. would simply require the Department the following: But it is important we do address the of Defense to include the discussion of SEC. 889. REPORT ON IMPACT OF FOREIGN BOY- problems. The Military Leasing Act the feasibility and advisability of es- COTTS ON THE DEFENSE INDUS- prohibits military installations from tablishing a missile defense site on the TRIAL BASE. receiving any revenues from mineral east coast of the United States in its (a) IN GENERAL.—Not later than October 1, exploration of these lands. Exploration Homeland Defense Hedging Strategy 2012, the Department of Defense shall submit to the appropriate congressional committees has taken place in Oklahoma and other Review. a report setting forth an assessment of the places, where we have, with the new I hope my amendment can be accept- impact of foreign boycotts on the defense in- ed by voice vote. I thank Senator horizontal drilling, been able to get at dustrial base. some of these reserves. The problem is LEVIN and Senator MCCAIN for working (b) ELEMENT.—The report required by sub- with me to get language I believe all section (a) shall include a summary of for- that this incurs an expense by the mili- can agree to. eign boycotts that posed a material risk to tary operations. The one I am talking The PRESIDING OFFICER. The Sen- the defense industrial base from January about right now happens to be the ator from Michigan. 2008 to the date of the enactment of this Act. depot in McCallister, OK. Under the Mr. LEVIN. Mr. President, the Ses- (c) DEFINITIONS.—In this section: Mineral Leasing Act that governs oil sions amendment, as modified, has (1) FOREIGN BOYCOTT.—The term ‘‘foreign and gas leasing on Federal lands, it boycott’’ means any policy or practice gives the responsibility to the Bureau been reviewed. I know it has cleared on adopted by a foreign government or foreign this side. I am confident it has been business enterprise intended to penalize, dis- of Land Management. cleared by both sides of the aisle. advantage, or harm any contractor or sub- The problem is, we want to explore it The amendment would require the contractor of the Department of Defense on and accommodate others who are going Department of Defense to report to account of the provision by that contractor after these tremendous reserves and Congress on the findings and conclu- or subcontractor of any product or service to not just in Oklahoma but elsewhere. sions of the Department’s Homeland the Department. But there is not a mechanism by which Missile Defense Hedging Strategy Re- (2) APPROPRIATE CONGRESSIONAL COMMIT- they can be paid for expenses incurred view, including a discussion of the fea- TEES.—The term ‘‘appropriate congressional by the local installation. We are going committees’’ means— sibility and advisability of establishing (A) the congressional defense committees; to be working on this and coming up a missile defense site on the east coast and with some kind of a solution. I will not of the United States. (B) the Committee on Foreign Relations of be offering this as an amendment. The administration officials have the Senate and the Committee on Foreign The second one I will not be offering committed to providing Congress with Affairs of the House of Representatives. is one that is very significant, which is the results of its Hedging Strategy Re- The PRESIDING OFFICER. Is there treating what we refer to as the sub-S, view. This amendment would make it further debate? or subpart-S carriers, nonscheduled clear that the Department is required Mr. LEVIN. Mr. President, I thank carriers, that are currently taking ma- to do exactly that, and I just want to Senator INHOFE for the modification of teriel and personnel into areas such as thank the Senator for his amendment, his amendment. It is agreeable on our Afghanistan. We have crew rest respon- for modifying it, and I hope now we can side. sibilities, saying they cannot be—a adopt it. Mr. INHOFE. Mr. President, I appre- crew cannot be working for more than The PRESIDING OFFICER. The ciate that. First of all, I don’t recall 15 hours. The problem is this: 95 per- question is on agreeing to the amend- seeing the majority and minority cent of the military personnel going ment, as modified. working so closely together and in the into Afghanistan and some of these The amendment (No. 1185), as modi- right way for a while. Several of my other areas go in by subpart-S opera- fied, was agreed to, as follows: amendments have been accepted. I tors. They are exempt from the crew At the end of subtitle C of title II, add the think they agreed to this one. It di- rest. Right now, there is legislation following: rects DOD to have a report on the ef- that is pending that would make them SEC. 234. REPORT ON THE UNITED STATES MIS- SILE DEFENSE HEDGING STRATEGY. fect of boycotts against our domestic fall under the crew rest requirements. (a) REPORT REQUIRED.—Not later than 180 contractors. It is modified, and I ask Military can take them in, but mili- days after the date of the enactment of this for its adoption. tary doesn’t have the capacity. That is

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.001 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18398 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 why 40 percent of all materiel and 95 Mr. President, I ask unanimous con- says, how did I go from being that lit- percent of personnel are being brought sent that when the Senate resumes tle girl from the ghetto to working for into these zones. As an example, if they consideration of S. 1867, the Defense a Senator. Well, the answer is very are going from the logical place, which authorization bill, tomorrow, Decem- simple. Sylvia Gillespie cares about would be in Germany to go into Af- ber 1, 2011, the pending amendment be other people. She has helped countless ghanistan, they would carry it in, but the Levin amendment No. 1293, relative people during the 12 years she has they would not be able to offload what- to high-speed ferries. worked in my office. From helping peo- ever cargo or personnel and then get The PRESIDING OFFICER. Is there ple get their passports so they wouldn’t back and go to Stuttgart or whatever objection? miss a family wedding in some foreign location it is in Germany because that Mr. MCCAIN. Reserving the right to country to speaking on behalf of con- would exceed crew rest. object, and I will not object, I thank stituents who ran into trouble with On the other hand, they are pre- the chairman for the progress we have Federal agencies such as the Internal cluded from having civilian aircraft made and also again point out that we Revenue Service, Sylvia has been such staying in places such as Afghanistan. have some very serious issues that de- a positive force in the lives of so many So there is no solution to it. We want serve debate and discussion. But when people. to address this. We are going to try to cloture expires—the 30 hours—there The work she is most proud of, and do it. We feel this will not clear as it is will be an automatic vote triggered at the one thing she will talk to you now. So I will not be offering it to- that time. We look forward to working about, is what she has been working on night, but it is one I think is very sig- with our colleagues to make sure they for the last 2 years—helping families in nificant. have sufficient time to debate the Illinois stay in their homes. Sylvia has With that, I yield the floor. amendments. helped dozens of families stay in their AMENDMENTS NOS. 1094, 1095, 1096, AND 1101 It would be regrettable, as important homes during the mortgage crisis when WITHDRAWN as some of these amendments are, that they thought they had lost everything Mr. LEVIN. Mr. President, I wonder we back up to the expiration of the clo- through foreclosure. She would sit on if while the Senator from Oklahoma is ture time and that would trigger an conference calls with banks for hours here—we are trying to get a current automatic vote. I am sure we will get at a time, refusing to take no for an list of amendments. Is it his intent to the cooperation of all our colleagues. answer. You don’t want to cross Sylvia withdraw amendment No. 1101 on C–12 The PRESIDING OFFICER. Without Gillespie when she is fighting for some- aircraft? objection, it is so ordered. one she believes in. Mr. INHOFE. I don’t have that one f Ask her why and she explains: with me. I would rather wait until I get the amendment. There is one other I MORNING BUSINESS I just felt like we just couldn’t lose one more home. If I can prevent a family from will want to have passed—several Mr. LEVIN. Mr. President, I ask losing their home by being on the phone with amendments are on Guantanamo Bay unanimous consent that the Senate the bank for 3 hours, I would do it. detention. This is on long-term, high- proceed to a period of morning busi- And she would do it. Sometimes she value detainees. It is my intention to ness, with Senators permitted to speak would persevere long after the home- offer that tomorrow. therein for up to 10 minutes each. owners had given up. In one particular I have currently four amendments The PRESIDING OFFICER. Without that I will withdraw at this time so we case, a hardworking mom with two objection, it is so ordered. kids had done everything right. can unclog some of this. Mr. LEVIN. I suggest the absence of She played by the bank’s rules, but I ask unanimous consent to withdraw a quorum. she was still only days away from amendments Nos. 1094, 1095, 1096 and The PRESIDING OFFICER. The watching the home she loved be auc- 1101. clerk will call the roll. The PRESIDING OFFICER. Is there The legislative clerk proceeded to tioned off, and she was ready to give objection? Without objection, it is so call the roll. up. But Sylvia wasn’t. Sylvia asked: ordered. Mr. DURBIN. Mr. President, I ask Have you ever seen a mustard seed? That’s The PRESIDING OFFICER. The Sen- unanimous consent that the order for all you need: Faith the size of a mustard seed ator from Michigan. the quorum call be rescinded. to get through this. Mr. LEVIN. Mr. President, I thank The PRESIDING OFFICER. Without That was Sylvia. And after a long the Senator from Oklahoma for helping objection, it is so ordered. and grueling process, guess what. Syl- us to get our list of amendments whit- f via prevailed. The woman received her tled down to where we can hopefully loan modification. With Sylvia’s help, have a manageable group for tomor- RETIREMENT OF SYLVIA that mother and her children will be row. We are going to have a very busy GILLESPIE spending this holiday season right day tomorrow. We have a lot of amend- Mr. DURBIN. Mr. President, I want where they want to be—in their own ments to address and dispose of. It is to take a few moments to thank a re- home. doable because we have had the co- markable woman on my staff. Sylvia That mom is just one of the many Il- operation of Senators. It is our goal— Gillespie, in my Springfield office, is linoisans who are going to join me in we must finish this by 6 o’clock. retiring after 12 years. When you walk being sad when Sylvia decides to retire. Everybody has a right to a vote if into that office in Springfield, Sylvia is When Sylvia is not working hard in their amendment is germane. We hope the first person you see, and her smile my office, she spends a lot of time at we will have a chance to debate all has made thousands of people feel wel- the Abundant Faith Christian Church. these amendments as well as vote on come. Her heart is as warm as her She loves that church. She has invited them. I believe we will be coming in at smile. me there on Sundays, and she really 9:30. That is the current plan, and we Sylvia is from the South Side of Chi- gets into it. She is a woman of faith, will be back on the bill at 11. We have cago. She likes to say, ‘‘The same as and she is a great singer. She throws to start off immediately. I hope we will Michelle Obama.’’ She went to Austin herself, heart and soul, into their serv- vote on my amendment within a few O. Sexton Elementary School on South ices. Every Sunday morning she and a minutes after it is offered. There will Langley Avenue and grew up on the few others cook up a breakfast for the be some debate in opposition to my same streets where that infamous community people who live near the amendment, I understand. street gang, the Blackstone Rangers, church. They serve the families of pa- Hopefully, the Senators who oppose made a lot of trouble. But she survived tients in a nearby hospital and home- it will be notified tonight that my that experience and went on to make a less people who come over from the amendment is first up and we are going life in the service of others. neighborhood shelters. to be prepared to debate this at 11 When she looks back at her life, Syl- Let me tell you another thing about o’clock. via gets a little choked up and she Sylvia. She is a great cook and a great

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18399 baker. If you ask anyone in my Spring- complishments in the community, she helped dramatically improve the lives field office, they will tell you that her was the first Postmaster, the first of blinded veterans nationwide. In 2006 cookies and cakes are the best. woman to serve on a School District he helped launch Operation Peer Sup- We have seen Sylvia dressed up in Board, and the first woman to serve on port a program aimed at ending the full regalia as a clown, which she does a jury. In addition, she was an advo- isolation suffered by many blinded vet- once a while to bring cheer and fun to cate of women’s rights, a charter mem- erans returning from combat in Iraq parties and events in her community. ber of the Mesquite Club, one of the and Afghanistan. This program pro- She is a happy person and it is a joy to founders of the Christ Episcopal vides veterans with valuable informa- be around her. Church, and the president of the Las tion regarding rehabilitation, employ- She also has a great talent for deco- Vegas chapter of the Nevada Historical ment, and self-help activities. Most im- rating. One of her last responsibilities Society. portantly, Operation Peer Support has in my office, before her official last day Helen also developed strong friend- provided many blinded veterans with before retirement, was setting up the ships with the Southern Paiutes. They the opportunity to interact with one Christmas decorations. Thanks to her, were her neighbors and some were another and make lifelong friendships our office in Springfield is in full swing workers on her ranch. In 1911, she deed- here at home. for the holidays. ed 10 acres of her land to the Federal Mr. Miller was also instrumental in We are going to miss Sylvia in our of- Government for use as an Indian raising awareness for blinded veterans. fice. I speak for everyone there and school. That land established what is During his time with the Blinded Vet- countless people when I thank Sylvia now known as the Las Vegas Indian erans Association, Mr. Miller worked for the outstanding 12 years of service Colony for the Las Vegas Paiute Tribe. with the Veterans Health Administra- she has dedicated to helping people in I am pleased to stand today to recog- tion to improve care for the vision im- Illinois. nize Helen’s outstanding achievements. paired. He testified before the House Sylvia is the mother of two beautiful She was a remarkable mother, rancher, Committee on Veterans’ Affairs about grown daughters, Danette and Genaire. businesswoman, and community lead- the challenges facing blind veterans She is a proud grandmother of three er, and she serves as an inspiration to and served as the chair of the Federal grandchildren, ages 15, 13, and 11. She us all. Advisory Committee on Prosthetics now has to make the tough choice of f and Special Disabilities Programs. In which daughter she will join and live 17 years of leadership, the Blinded Vet- HOLD ON H.R. 3012 with. They both want her. She has to erans Association made vital contribu- decide whether to go with Danette in Mr. GRASSLEY. Mr. President, I rise tions to legislation that has greatly ex- Portland, OR, or stay with Genaire in to inform my colleagues that I am panded benefits and services for vision Davenport, IA. Whatever her choice, placing a hold on H.R. 3012, the Fair- impaired veterans. she told me there is one thing she ness for High-Skilled Immigrants Act. Our Nation is fortunate to have vet- wants to make sure of—that she has a This bill would eliminate the per-coun- erans as selfless and dedicated as Mr. reservation for the ticket of Barack try numerical limitations for employ- Miller. While he could have allowed his Obama’s second inaugural. She made ment-based visas and increase the nu- combat injuries to slow his career, Mr. the first, and she wants to be at the merical cap for family-based immi- Miller instead saw his experience as an second one too. I made that promise to grants. I have concerns about the im- opportunity to help improve the lives her. pact of this bill on future immigration of thousands of his fellow veterans. He Wherever she goes, I know Sylvia flows, and am concerned that it does has given honest and faithful service to Gillespie will continue to be an inspira- nothing to better protect Americans at his country and those wounded vet- tion to everyone she meets, and will, as home who seek high-skilled jobs during erans transitioning to life back at long as she lives, reach out a helping this time of record high unemploy- home. hand to people who need a little assist- ment. f ance, a little encouragement, and that f great Sylvia Gillespie smile. TRIBUTE TO THOMAS H. MILLER WALL STREET PROTESTS Sylvia, thanks for 12 years of wonder- ful service in our office in Springfield. Mrs. MURRAY. Mr. President, I Mr. LEE. Mr. President, I ask unani- I wish you and your family the very would like to recognize and honor the mous consent to have printed in the best for many years to come. service of Thomas H. Miller as he re- RECORD an article written by Mallory f tires as the executive director of the Factor and published in Forbes maga- Blinded Veterans Association. Mr. Mil- zine. TRIBUTE TO HELEN J. STEWART ler has been an outstanding servant to There being no objection, the mate- Mr. REID. Mr. President, I rise today his country and an advocate for his fel- rial was ordered to be printed in the to honor Helen J. Stewart, a brave and low veterans. He is truly an example of RECORD, as follows: extraordinary Nevadan who lived dur- courage and perseverance. He has dem- OCCUPY WALL STREET ... NEXT STOP, ing the early days of Las Vegas. On De- onstrated throughout his career that ATHENS? cember 3, 2011, there will be a dedica- the blindness he sustained through In the past few weeks Americans have tion of the statue erected in her honor combat injuries does not impede his watched with interest, bemusement and at the Old Las Vegas Mormon Fort ability to have an impact here at anger as protests and sit-ins on Wall Street State Historic Park. home. have sparked similar demonstrations around In 1882, Helen arrived in the Las Mr. Miller served his country honor- the country. With vague goals of combating Vegas Valley with her husband Archi- ably in Vietnam and lost his eyesight corporate greed and calls to rectify all man- ner of social and economic inequality, this bald and their three young children. during a 1967 combat mission. He was movement seems, to the press at least, to After her husband died of a gunshot honorably discharged a year later and capture a mood of deep discontent among the wound in 1884, she managed their iso- returned home to find limited re- American people. lated ranch while caring for five young sources for veterans suffering from But if you think a thousand protesters on children. A business-savvy woman, blindness. Following his own struggle Wall Street is a trouble sign for our nation, Helen sold 1,832 acres of the ranch to to adjust to life at home, Mr. Miller wait until you see the civil unrest that fol- the railroad in 1902 for $55,000. This dedicated himself to ensuring that all lows the reforms and cuts to government land became the area from which the blinded veterans share in the resources, programs needed to bring our national debt under control. Just look at Greece, where City of Las Vegas developed. services, and support than can bring government is being reformed, drastic cuts Helen had a pioneering spirit, and she new hope and opportunities. are being made—and the society is unravel- is considered to be the ‘‘First Lady of As executive director of the Blinded ing. In Greece a series of severe austerity Las Vegas.’’ Among her numerous ac- Veterans Association, Mr. Miller measures has been imposed as conditions for

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18400 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 recent bailouts by the International Mone- in America in our lifetime. Our nation will a life-saving drug more affordable and tary Fund and the other members of the sin- be better off by reforming our system radi- available to millions of women who de- gle European currency, the euro. Yet the cally, in a single dramatic turn, rather than pend on it. economy continues to spiral downward. piecemeal—or face something very like the But despite the success of 17P in pre- And with each new round of reforms in furious streets of Athens. venting preterm births, more needs to Greece, misery and unrest are on the rise. f Strikes and angry street protests are a daily be done. Every year March of Dimes occurrence, as unions fight decreases in pay PREMATURITY AWARENESS grades each state on their rates of pre- and benefits for their workers, students pro- MONTH mature birth. While Ohio is improving, test the lack of opportunity and ordinary the current 12.3 percent premature citizens resist reforms and tax increases. The Mr. BROWN of Ohio. Mr. President, birth rate—or 500,000 children annu- confrontation with authorities is impeding November is Prematurity Awareness ally—leaves Ohio with a C grade. For- business and destroying tourism, deepening Month, but as the month comes to an tunately, hospitals, patients groups, the crisis further. end, our fight against preterm births and public-private partnerships are Some of that struggle is for naught. The and complications caused by pre- working to reduce preterm births in Greek government couldn’t reduce austerity maturity continues daily in hospitals, measures if it wanted to. Fiscal policy is now Ohio. out of its hands and likely to remain so for homes, and research facilities across In 2009, central Ohio’s four hospital decades, perhaps generations. the country. systems—Nationwide Children’s Hos- And while most Greeks agree the bloated Each year in the United States, more pital, The Ohio State University Med- state must be streamlined, they’re stiffening than half a million babies are born pre- ical Center, OhioHealth, and Mount their resistance to reform. That’s why many maturely. More startling, over the last Carmel Health System—as well as the in the euro zone believe Greece must default 25 years, the rate of preterm birth has Columbus Public Health Department, in order to rebuild a more efficient govern- increased more than 36 percent. Today, Franklin County’s Board of Commis- ment. prematurity is the leading cause of America isn’t in that predicament—yet. sioners, and non-profit groups came to- But there are cautionary lessons to be lifted newborn death in the United States. gether through Ohio Better Birth Out- from the outraged streets of Athens. As the Additionally, a preterm baby is four comes (OBBO) to reduce the number of Greek example shows, government largesse times more likely to have at least one preterm births in Franklin County. is easy to expand but difficult to cut back medical condition, such as cerebral OBBO’s efforts include home nurse vis- without inflaming people. palsy and learning and behavioral prob- its to low-income mothers from the For years our politicians have framed in- lems. And the life-long health com- 28th week of gestation through the creases to government benefits as compas- plications caused by pre-term birth child’s second birthday and education sionate and obligatory. Now all that over- also have a serious financial burden on spending must be pared back and govern- and counseling for mothers about ‘‘safe ment programs reformed to curb the federal the child and parent. A premature spacing’’ of pregnancies. By allowing deficit. But each round of needed cuts and re- birth costs, on average, $51,000 in the their bodies at least 18 months to fully forms will likely cause misery—in an first year alone; premature births cost heal between pregnancies, their subse- amount substantially greater than the hap- our nation $26 billion annually. Yet, quent pregnancies will be healthier. piness generated by spending increases. despite the costs in lives lost and fami- Through this work, OBBO was able to Behavioral economics, which uses social lies burdened, medical research and in- increase gestation time by an average and psychological factors to predict a popu- novation continues find new cures and of six weeks and two days. For each lation’s decision-making behavior, captures therapies. this paradox in two fundamental principles. week a woman is able to carry her baby First, the principle of ‘‘loss aversion’’ ex- On the Federal level, beginning in between 36 weeks and 39 weeks, the plains that people hate to lose something 2003, the National Institutes of Health baby has a 23 percent decrease in res- more than they value receiving something. (NIH) invested approximately $21 mil- piratory diseases, seizures, brain hem- So, even if many Americans don’t value ex- lion in research for a drug—progester- orrhages, and other complications. isting government programs and spending one or 17P—to prevent preterm birth. Ohio is also home to the Ohio very highly, they will likely be very unhappy 17P was found to reduce preterm births Perinatal Quality Collaborative, which about the loss of those same goods and serv- by 37 percent in high-risk pregnancies, consists of 45 clinical teams from 25 ices. and compounding pharmacists were Second, even if you streamline our govern- Ohio hospitals. The Collaborative, ment and make programs more efficient, the able to provide compounded 17P to based at Cinncinati Children’s Hospital ‘‘endowment effect’’ predicts that people will women for a mere $10–$20 a dose. Ear- Medical Center, includes all of Ohio’s still oppose changes to the benefits they re- lier this year, however, a pharma- children’s hospitals as well as regional ceive. This is because people tend to value ceutical company received exclusive hospitals such as Akron’s Summa the goods and services they have more than rights to manufacture the drug and in- Health System, the Toledo Hospital, they do equivalent replacement goods and creased the price by 14,900 percent to the Mount Carmel Hospital System, St. services. The endowment effect makes it $1,500 a dose. But because of the advo- Elizabeth’s Health Center in Youngs- very difficult to exchange existing benefits cacy of Ohio’s leading children’s hos- for new ones and thus to ‘‘reform’’ govern- town, and Miami Valley Hospital in ment programs. pitals from Cleveland to Cincinnati— Dayton. Twenty-four teams are focus- Whether we cut spending and make re- because of the stories of pregnant ing on reducing catheter associated in- forms now or later, course correction will be women I met in airports and commu- fections in preterm babies and the difficult and even potentially dangerous to nity halls, we raised the public’s other 21 teams are focusing on reducing our nation’s stability. Just look at the re- awareness to the astronomical price the number of deliveries that occur be- sistance of public employees in Wisconsin, gauge and increased public demand tween 29 and 36 weeks gestation. Indiana and elsewhere to relatively minor against the company to reconsider its In my hometown of Mansfield in cuts to see how people will contest vigor- pricing. The company eventually re- Richland County, Ohio, the Commu- ously any decreases to their benefits and programs. duced the cost of its branded version of nity Health Access Project (CHAP) Behavioral economics teaches us that any 17P, Makena, from $1,500 a dose to stepped in after discovering that cer- time we make changes and reduce govern- $690—still significantly more expensive tain groups of women were three times ment benefits and programs, we can expect than the compounded version. Given more likely to give birth to a low birth people to be very upset about those deci- the public and Congressional outcry weight infant. Through a series of com- sions—and likely resist them. Still, we need and the importance of the medication munity outreach initiatives, CHAP significant reforms and deep cuts to put the to pregnant women and their babies, community health workers and local U.S. on track toward a balanced budget. the Food and Drug Administration volunteers were able to identify and Paring back government will undoubtedly cause misery and social dislocation. How- (FDA) announced that compounding break down barriers, such as transpor- ever, ‘‘death’’ by a thousand small cuts will pharmacies would still able to offer tation needs and cultural differences, intensify civil unrest and may produce revo- women the more affordable version of to better address the health needs of lutionary fervor unlike anything we’ve seen 17P. Our work continues to make such at-risk pregnant women. In its first

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18401 three years, the number of low birth brant, growing economy for years to local communities. During a time of weight babies in the region showed a come. Michael and Kyle Rancourt, a heightened global competitiveness, Mi- decline from 22.7 percent to 8 percent dynamic father and son duo, exemplify chael and Kyle Rancourt were able to and CHAP has become a national this vibrant entrepreneurial spirit. revive and renew their business and model in community health services. Through ingenuity and hard work, they compete in an environment that many At University Hospitals (UH) in have developed and maintained a thriv- thought was simply too difficult and Cleveland, the MacDonald Women’s ing shoemaking business based in the taxing for domestic manufacturers. As Hospital and Rainbow Babies & Chil- central Maine city of Lewiston, which a result of their efforts, the company dren’s Hospital implemented a Cen- was once a hub for the industry. Today has prospered, preserving jobs in a tering Pregnancy Program in 2010. This I wish to commend and recognize the local Maine community while showing unique, group-based program targets founders of Rancourt & Co. the world what American small busi- socially at-risk women who are least Shoecrafters for their success and com- nesses are truly capable of. I congratu- likely to receive consistent prenatal mitment to their business and local late everyone at Rancourt & Co. care and have the greatest risk of hav- community. Shoecrafters for their remarkable suc- ing a low birth weight baby or deliv- The Rancourt family has provided su- cess and wish them many more years of ering prematurely. The program has perb quality shoes for three genera- accomplishment.∑ enabled UH to dramatically reduce tions. The family began its business in incidences of preterm births and low 1964. However, 11 years ago, Mike f birth weight babies by 8 percent and 8.7 Rancourt sold the small family shoe RECOGNIZING BENTON COUNTY percent below the national average re- business to Allen-Edmonds, which at DRUG COURT the time was its largest client. Soon spectively. ∑ November has come to an end, but I after, due to a struggling economy, the Mr. WYDEN. Mr. President, the Ben- look forward to continue working with U.S. shoe industry experienced tremen- ton County Drug Treatment Court is a organizations and health systems in dous difficulties, and it became nec- shining example of our Nation’s drug Ohio and across the country to reduce essary for Allen-Edmonds to reduce its court system. As one of only 10 mentor premature births and ensure a healthy staff and close the Lewiston factory courts in the Nation, the Benton Coun- start in life for our Nation’s children. originally owned by the Rancourts. ty Drug Treatment Court serves as a model program for the over 2,500 treat- f Aware of these developments and re- luctant to see the shoe factory which ment courts in the United States. This ADDITIONAL STATEMENTS provided so many throughout the com- achievement is especially significant munity with jobs, Michael and Kyle given that the Benton County Drug Rancourt decided to buy the factory Treatment Court started as an ambi- REMEMBERING JIM CAPOOT back from Allen-Edmonds in 2009, re- tious pilot program only 10 years ago. ∑ Mrs. BOXER. Mr. President, I ask my viving their passion for shoe making. The positive impact drug treatment colleagues to join me in honoring the The Rancourts began anew with just 20 courts have on individuals, families, life of James ‘‘Jim’’ Capoot, a dedi- employees but quickly found success in and communities throughout our coun- cated husband, proud father, loving what many considered to be a dying do- try is remarkable. Due to tireless ef- son, devoted friend, and respected col- mestic industry as more shoe manufac- forts underway since the first drug league. Officer Capoot lost his life in turers expanded overseas. A shifting court was established over 20 years the line of duty while serving the demand for domestically made, quality ago, there is now a system in place Vallejo Police Department on Novem- products provided the company with a which, if completed, reduces the likeli- ber 17, 2011. He was 45 years old. growing consumer base and a steady hood of drug relapse for individuals, Jim Capoot was originally from Lit- source of revenue. provides increased housing stability, tle Rock, AR and served in the U.S. This small business uses resources and brings families together. The posi- Marine Corps and as a California high- purchased from around the world to tive outcomes from completion of drug way patrol officer before joining the hand-make men’s dress and casual courts are well documented and benefit Vallejo Police Department in 1992. Offi- shoes using the traditional method those outside the system as well by re- cer Capoot was a highly decorated offi- known as ‘‘last.’’ This meticulous proc- ducing costs to the taxpayer. cer having received the Vallejo Police ess involves employees hand-fitting Congratulations to the Benton Coun- Department Officer of the Year Award, leather into a shoe form, tacking the try Drug Court on their 10th anniver- the Medal of Merit, the Life Saving leather pieces in place, and then hand- sary. Because of innovative solutions Medal, and twice awarded the Medal of stitching them with waxed threads and like drug courts, our country is one Courage. In addition to his work with needles. The result of this process is a step closer to breaking the cycle of ad- the police department, Officer Capoot shoe that is recognized around the diction which has plagued our country was the volunteer coach of the Vallejo world for its superior quality and gen- for far too long.∑ High School girls’ basketball team and uine comfort. f led the team to a section championship Looking at the new Rancourt & Co. in 2010. today, it is difficult to imagine that it MESSAGES FROM THE PRESIDENT Officer Jim Capoot, like all those once faced extinction. The company Messages from the President of the who serve in law enforcement across has grown to over 50 employees today United States were communicated to California, put his life on the line to and has increased the number of men’s the Senate by Mr. Pate, one of his sec- protect his community. I extend my shoes it manufactures on a weekly retaries. deepest condolences to his loving wife basis from 250 to 1,000. These fine-craft- Jessica and three daughters. My ed products are sold throughout the f thoughts and prayers are with them. United States as well as in inter- We are forever indebted to him for his national locations such as Hong Kong, EXECUTIVE MESSAGES REFERRED courage, service, and sacrifice.∑ India, the United Arab Emirates, and As in executive session the Presiding f Japan. This small firm continues to ex- Officer laid before the Senate messages pand, and in July, the company from the President of the United TRIBUTE TO RANCOURT & CO. launched an online store which already States submitting sundry nominations SHOECRAFTERS grosses between $8,000–$10,000 each which were referred to the appropriate ∑ Ms. SNOWE. Mr. President, my home week. committees. State of Maine boasts countless entre- Small businesses like Rancourt & Co. (The nominations received today are preneurs who are working to ensure Shoecrafters are critical to the eco- printed at the end of the Senate pro- that our State and Nation have a vi- nomic health of our country and our ceedings.)

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18402 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 MESSAGE FROM THE HOUSE EXECUTIVE AND OTHER titled ‘‘Approval and Promulgation of Imple- COMMUNICATIONS mentation Plans and Designations of Areas At 12:25 p.m., a message from the for Air Quality Planning Purposes; Georgia: House of Representatives, delivered by The following communications were Atlanta; Determination of Attaining Data Mrs. Cole, one of its reading clerks, an- laid before the Senate, together with for the 1997 Annual Fine Particulate Matter nounced that the House has passed the accompanying papers, reports, and doc- National Ambient Air Quality Standards’’ following bills, in which it requests the uments, and were referred as indicated: (FRL No. 9496–3) received during adjourn- concurrence of the Senate: EC–4082. A communication from the Ad- ment of the Senate in the Office of the Presi- dent of the Senate on November 22, 2011; to H.R. 1801. An act to amend title 49, United ministrator, Food and Nutrition Services, the Committee on Environment and Public States Code, to provide for expedited secu- Department of Agriculture, transmitting, Works. rity screenings for members of the Armed pursuant to law, the report of a rule entitled EC–4090. A communication from the Chief Forces. ‘‘Supplemental Nutrition Assistance Pro- of the Publications and Regulations Branch, H.R. 2192. An act to exempt for an addi- gram: Quality Control Error Tolerance Internal Revenue Service, Department of the tional 4-year period, from the application of Threshold’’ (RIN0584–AE24) received in the Treasury, transmitting, pursuant to law, the the means-test presumption of abuse under Office of the President of the Senate on No- report of a rule entitled ‘‘User Fee to Take chapter 7, qualifying members of reserve vember 28, 2011; to the Committee on Agri- the Registered Tax Return Preparer Com- components of the Armed Forces and mem- culture, Nutrition, and Forestry. petency Examination’’ ((RIN1545–BK24) (TD bers of the National Guard who, after Sep- EC–4083. A communication from the Acting 9559)) received in the Office of the President tember 11, 2001, are called to active duty or Administrator of the Fruit and Vegetable of the Senate on November 28, 2011; to the to perform a homeland defense activity for Programs, Agricultural Marketing Service, Committee on Finance. not less than 90 days. Department of Agriculture, transmitting, EC–4091. A communication from the Chief H.R. 2465. An act to amend the Federal Em- pursuant to law, the report of a rule entitled of the Trade and Commercial Regulations ployees’ Compensation Act. ‘‘Christmas Tree Promotion, Research, and Branch, Customs and Border Protection, De- H.R. 3012. An act to amend the Immigra- Information Order, Referendum Procedures’’ partment of Homeland Security, transmit- tion and Nationality Act to eliminate the (Docket No. AMS–FV–10–0008–FR–1A) re- ting, pursuant to law, the report of a rule en- per-country numerical limitation for em- ceived during adjournment of the Senate in titled ‘‘Extension of Import Restrictions Im- ployment-based immigrants, to increase the the Office of the President of the Senate on posed on Archaeological and Ethnological per-country numerical limitation for family- November 22, 2011; to the Committee on Ag- Material from Bolivia’’ (RIN1515–AD83) re- sponsored immigrants, and for other pur- riculture, Nutrition, and Forestry. ceived in the Office of the President of the poses. EC–4084. A communication from the Dep- uty to the Chairman, Legal Office, Federal Senate on November 28, 2011; to the Com- Deposit Insurance Corporation, transmit- mittee on Finance. f ting, pursuant to law, the report of a rule en- EC–4092. A communication from the Chief titled ‘‘Resolution Plans Required’’ of the Trade and Commercial Regulations MEASURES REFERRED (RIN3064–AD77) received in the Office of the Branch, Customs and Border Protection, De- The following bills were read the first President of the Senate on November 28, partment of Homeland Security, transmit- ting, pursuant to law, the report of a rule en- and the second times by unanimous 2011; to the Committee on Banking, Housing, and Urban Affairs. titled ‘‘Import Restrictions Imposed on Cer- consent, and referred as indicated: EC–4085. A communication from the Sec- tain Archaeological and Ethnological Mate- H.R. 1801. An act to amend title 49, United retary of the Treasury, transmitting, pursu- rial from Greece’’ (RIN1515–AD84) received in States Code, to provide for expedited secu- ant to law, a six-month periodic report on the Office of the President of the Senate on rity screenings for members of the Armed the national emergency with respect to November 28, 2011; to the Committee on Fi- Forces; to the Committee on Commerce, Burma that was declared in Executive Order nance. Science, and Transportation. 13047 of May 20, 1997; to the Committee on EC–4093. A communication from the Pro- H.R. 2465. An act to amend the Federal Em- Banking, Housing, and Urban Affairs. gram Manager, Health Resources and Serv- ployees’ Compensation Act; to the Com- EC–4086. A communication from the Assist- ices Administration, Department of Health mittee on Homeland Security and Govern- ant Secretary, Bureau of Legislative Affairs, and Human Services, transmitting, pursuant mental Affairs. Department of State, transmitting, pursuant to law, the report of a rule entitled ‘‘Privacy to law, a six-month periodic report relative Act; Exempt Record System’’ (RIN0906– f to the national emergency that was origi- AA891) received in the Office of the President nally declared in Executive Order 12938 of of the Senate on November 28, 2011; to the MEASURES READ THE FIRST TIME November 14, 1994, with respect to the pro- Committee on Health, Education, Labor, and liferation of weapons of mass destruction; to Pensions. The following bills were read the first the Committee on Banking, Housing, and EC–4094. A communication from the Pro- time: Urban Affairs. gram Manager, Office of the National Coordi- S. 1930. A bill to prohibit earmarks. EC–4087. A communication from the Acting nator for Health Information Technology, S. 1931. A bill to provide civilian payroll Administrator of the U.S. Energy Informa- Department of Health and Human Services, tax relief, to reduce the Federal budget def- tion Administration, Department of Energy, transmitting, pursuant to law, the report of icit, and for other purposes. transmitting, pursuant to law, a report enti- a rule entitled ‘‘Permanent Certification S. 1932. A bill to require the Secretary of tled ‘‘Annual Energy Review 2010’’; to the Program for Health Information Technology; State to act on a permit for the Keystone XL Committee on Energy and Natural Re- Revisions to ONC-Approved Accreditor Proc- pipeline. sources. esses’’ (RIN0991–AB77) received in the Office EC–4088. A communication from the Direc- of the President of the Senate on November The following joint resolutions were tor of the Regulatory Management Division, 28, 2011; to the Committee on Health, Edu- read the first time: Environmental Protection Agency, transmit- cation, Labor, and Pensions. S.J. Res. 30. Joint resolution extending the ting, pursuant to law, the report of a rule en- EC–4095. A communication from the Dep- cooling-off period under section 10 of the titled ‘‘Approval and Promulgation of Air uty Director for Policy, Legislative and Reg- Railway Labor Act with respect to the dis- Quality Implementation Plans: South Caro- ulatory Department, Pension Benefit Guar- pute referred to in Executive Order No. 13586 lina; Negative Declarations for Applicability anty Corporation, transmitting, pursuant to of October 6, 2011. of Groups I, II, III and IV Control Techniques law, the report of a rule entitled ‘‘Benefits S.J. Res. 31. Joint resolution applying cer- Guidelines; and Applicability of Reasonably Payable in Terminated Single-Employer tain conditions to the dispute referred to in Available Control Technology for the Por- Plans; Interest Assumptions for Valuing and Executive Order 13586 of October 6, 2011, be- tion of York County, South Carolina within Paying Benefits’’ (29 CFR Part 4022) received tween the enumerated freight rail carriers, Charlotte-Gastonia-Rock Hill, North Caro- in the Office of the President of the Senate common carriers by rail in interstate com- lina-South Carolina 1997 8-Hour Ozone Non- on November 28, 2011; to the Committee on merce, and certain of their employees rep- attainment Area’’ (FRL No. 9495–7) received Health, Education, Labor, and Pensions. resented by labor organizations that have during adjournment of the Senate in the Of- EC–4096. A communication from the Sec- not agreed to extend the cooling-off period fice of the President of the Senate on No- retary of Labor, transmitting, pursuant to under section 10 of the Railway Labor Act vember 22, 2011; to the Committee on Envi- law, the fiscal year 2011 Agency Financial beyond 12:01 a.m. on December 6, 2011. ronment and Public Works. Report for the Department of Labor; to the S.J. Res. 32. Joint resolution to provide for EC–4089. A communication from the Direc- Committee on Health, Education, Labor, and the resolution of the outstanding issues in tor of the Regulatory Management Division, Pensions. the current railway labor-management dis- Environmental Protection Agency, transmit- EC–4097. A communication from the Man- pute. ting, pursuant to law, the report of a rule en- aging Director and Chief Financial Officer,

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18403 Federal Maritime Commission, transmitting, AA64)(Docket No. FAA–2011–1162)) received tration, Department of Transportation, pursuant to law, the Commission’s fiscal in the Office of the President of the Senate transmitting, pursuant to law, the report of year 2011 Performance and Accountability on November 28, 2011; to the Committee on a rule entitled ‘‘Airworthiness Directives; Report; to the Committee on Homeland Se- Commerce, Science, and Transportation. Rolls-Royce plc RB211–524 Series, RB211- curity and Governmental Affairs. EC–4107. A communication from the Senior Trent 700 Series, and RB211-Trent 800 Series EC–4098. A communication from the Sec- Program Analyst, Federal Aviation Adminis- Turbofan Engines’’ ((RIN2120–AA64)(Docket retary of Veterans Affairs, transmitting, tration, Department of Transportation, No. FAA–2010–0993)) received in the Office of pursuant to law, the Department of Veterans transmitting, pursuant to law, the report of the President of the Senate on November 28, Affairs’ Semiannual Report of the Inspector a rule entitled ‘‘Airworthiness Directives; 2011; to the Committee on Commerce, General for the period from April 1, 2011 SOCATA Airplanes’’ ((RIN2120–AA64)(Docket Science, and Transportation. through September 30, 2011; to the Com- No. FAA–2011–0868)) received in the Office of f mittee on Homeland Security and Govern- the President of the Senate on November 28, mental Affairs. 2011; to the Committee on Commerce, INTRODUCTION OF BILLS AND EC–4099. A communication from the Chair- Science, and Transportation. JOINT RESOLUTIONS man of the Railroad Retirement Board, EC–4108. A communication from the Senior The following bills and joint resolu- transmitting, pursuant to law, the Semi-An- Program Analyst, Federal Aviation Adminis- nual Report of the Inspector General for the tration, Department of Transportation, tions were introduced, read the first period from April 1, 2011 through September transmitting, pursuant to law, the report of and second times by unanimous con- 30, 2011; to the Committee on Homeland Se- a rule entitled ‘‘Airworthiness Directives; sent, and referred as indicated: curity and Governmental Affairs. Agusta S.p.A. (Agusta) Model AB139 and By Mr. ROBERTS (for himself and Mr. EC–4100. A communication from the Budg- AW139 Helicopters’’ ((RIN2120–AA64)(Docket MORAN): et Officer, Office of the Treasurer, National No. FAA–2011–1036)) received in the Office of S. 1924. A bill to authorize States to en- Gallery of Art, transmitting, pursuant to the President of the Senate on November 28, force pipeline safety requirements related to law, the financial statements for the Na- 2011; to the Committee on Commerce, wellbores at interstate storage facilities; to tional Gallery of Art for the year ended Sep- Science, and Transportation. the Committee on Commerce, Science, and tember 30, 2011 and the auditor’s report EC–4109. A communication from the Senior Transportation. thereon; to the Committee on Homeland Se- Program Analyst, Federal Aviation Adminis- By Mr. LEAHY (for himself and Mr. curity and Governmental Affairs. tration, Department of Transportation, CRAPO): EC–4101. A communication from the Sec- transmitting, pursuant to law, the report of S. 1925. A bill to reauthorize the Violence retary of Veterans Affairs, transmitting, a rule entitled ‘‘Airworthiness Directives; Against Women Act of 1994; to the Com- pursuant to law, the Department of Veterans Eurocopter Deutschland GmbH (ECD) Model mittee on the Judiciary. Affairs 2011 Performance and Accountability MBB–BK 117 C–2 Helicopters’’ ((RIN2120– By Mrs. GILLIBRAND (for herself, Ms. Report; to the Committee on Homeland Se- AA64)(Docket No. FAA–2011–1075)) received STABENOW, Mr. HARKIN, Mr. TESTER, curity and Governmental Affairs. in the Office of the President of the Senate Mr. FRANKEN, Mr. CASEY, Mr. SAND- EC–4102. A communication from the Assist- on November 28, 2011; to the Committee on ERS, Mr. LAUTENBERG, Mr. SCHUMER, ant General Counsel for Regulatory Affairs, Commerce, Science, and Transportation. Mr. BROWN of Ohio, and Mr. Consumer Product Safety Commission, EC–4110. A communication from the Senior MERKLEY): transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- S. 1926. A bill to amend the Department of a rule entitled ‘‘Testing and Labeling Per- tration, Department of Transportation, Agriculture Reorganization Act of 1994 to es- taining to Product Certification’’ (RIN3041– transmitting, pursuant to law, the report of tablish in the Department of Agriculture a AC71) received in the Office of the President a rule entitled ‘‘Airworthiness Directives; Healthy Food Financing Initiative; to the of the Senate on November 28, 2011; to the Bell Helicopter Textron, Inc. (Bell), Model Committee on Agriculture, Nutrition, and Committee on Commerce, Science, and 205A–1, 205B, 210, and 212 Helicopters’’ Forestry. Transportation. ((RIN2120–AA64)(Docket No. FAA–2011–1182)) By Mr. PAUL (for himself and Mr. GRA- EC–4103. A communication from the Chief received in the Office of the President of the HAM): of Staff, Media Bureau, Federal Communica- Senate on November 28, 2011; to the Com- S. 1927. A bill to modify the criteria used tions Commission, transmitting, pursuant to mittee on Commerce, Science, and Transpor- by the Corps of Engineers to dredge small law, the report of a rule entitled ‘‘Television tation. ports; to the Committee on Environment and Broadcasting Services; Montgomery, Ala- EC–4111. A communication from the Senior Public Works. bama’’ (MB Docket No. 11–137; RM–11637) re- Program Analyst, Federal Aviation Adminis- By Ms. KLOBUCHAR (for herself and ceived in the Office of the President of the tration, Department of Transportation, Mrs. HUTCHISON): Senate on November 28, 2011; to the Com- transmitting, pursuant to law, the report of S. 1928. A bill to provide criminal penalties mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; for stalking; to the Committee on the Judici- tation. Sicma Aero Seat Passenger Seat Assemblies, ary. EC–4104. A communication from the Chief Installed on, but not Limited to, ATR-GIE By Mr. BLUMENTHAL (for himself, of Staff, Media Bureau, Federal Communica- Avions de Transport Regional Airplanes’’ Mr. LIEBERMAN, Mrs. MCCASKILL, Mr. tions Commission, transmitting, pursuant to ((RIN2120–AA64)(Docket No. FAA–2011–1163)) BLUNT, Mr. SCHUMER, Mrs. GILLI- law, the report of a rule entitled ‘‘Amend- received in the Office of the President of the BRAND, and Mrs. FEINSTEIN): ment of Section 73.202(b), Table of Allot- Senate on November 28, 2011; to the Com- S. 1929. A bill to require the Secretary of ments, FM Broadcast Stations (Bastrop, mittee on Commerce, Science, and Transpor- the Treasury to mint coins in commemora- Louisiana)’’ (MB Docket No. 11–87, RM–11628) tation. tion of Mark Twain; to the Committee on received in the Office of the President of the EC–4112. A communication from the Senior Banking, Housing, and Urban Affairs. Senate on November 28, 2011; to the Com- Program Analyst, Federal Aviation Adminis- By Mr. TOOMEY (for himself and Mrs. mittee on Commerce, Science, and Transpor- tration, Department of Transportation, MCCASKILL): tation. transmitting, pursuant to law, the report of S. 1930. A bill to prohibit earmarks; read EC–4105. A communication from the Dep- a rule entitled ‘‘Airworthiness Directives; the first time. uty Assistant Administrator for Regulatory Bombardier, Inc. Airplanes’’ ((RIN2120– By Mr. HELLER: Programs, National Marine Fisheries Serv- AA64)(Docket No. FAA–2011–0031)) received S. 1931. A bill to provide civilian payroll ice, Department of Commerce, transmitting, in the Office of the President of the Senate tax relief, to reduce the Federal budget def- pursuant to law, the report of a rule entitled on November 28, 2011; to the Committee on icit, and for other purposes; read the first ‘‘Endangered and Threatened Species; Des- Commerce, Science, and Transportation. time. ignation of Critical Habitat for the Southern EC–4113. A communication from the Senior By Mr. LUGAR (for himself, Mr. Distinct Population Segment of Eulachon’’ Program Analyst, Federal Aviation Adminis- HOEVEN, Mr. VITTER, Ms. MURKOWSKI, (RIN0648–BA38) received in the Office of the tration, Department of Transportation, Mr. MCCONNELL, Mr. JOHANNS, Mr. President of the Senate on November 28, transmitting, pursuant to law, the report of ROBERTS, Mr. BARRASSO, Mr. COATS, 2011; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; Mr. RUBIO, Mr. ISAKSON, Mr. CORNYN, Science, and Transportation. General Electric Company Turboshaft En- Mr. WICKER, Mr. INHOFE, Mr. MORAN, EC–4106. A communication from the Senior gines’’ ((RIN2120–AA64)(Docket No. FAA– Mr. THUNE, Mr. JOHNSON of Wis- Program Analyst, Federal Aviation Adminis- 2011–0942)) received in the Office of the Presi- consin, Mr. CRAPO, Mr. GRAHAM, Mr. tration, Department of Transportation, dent of the Senate on November 28, 2011; to BLUNT, Mr. SESSIONS, Mr. ENZI, Mr. transmitting, pursuant to law, the report of the Committee on Commerce, Science, and ALEXANDER, Mrs. HUTCHISON, Mr. a rule entitled ‘‘Airworthiness Directives; Transportation. RISCH, Mr. CHAMBLISS, Mr. KIRK, Mr. The Boeing Company Model 737–300, –400, and EC–4114. A communication from the Senior PORTMAN, Mr. BURR, Mr. SHELBY, Mr. –500 Series Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- LEE, Mr. BOOZMAN, Mr. COBURN, Mr.

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COCHRAN, Mr. GRASSLEY, Mr. HELLER, cation and prevention related to cam- setts (Mr. KERRY) was added as a co- Mr. CORKER, and Mr. TOOMEY): pus sexual violence, domestic violence, sponsor of S. 1616, a bill to amend the S. 1932. A bill to require the Secretary of dating violence, and stalking. Internal Revenue Code of 1986 to ex- State to act on a permit for the Keystone XL S. 905 empt certain stock of real estate in- pipeline; read the first time. By Mr. REID: At the request of Mr. HARKIN, the vestment trusts from the tax on for- S.J. Res. 30. A joint resolution extending name of the Senator from Michigan eign investments in United States real the cooling-off period under section 10 of the (Ms. STABENOW) was added as a cospon- property interests, and for other pur- Railway Labor Act with respect to the dis- sor of S. 905, a bill to amend the Inter- poses. pute referred to in Executive Order No. 13586 nal Revenue Code of 1986 to allow a S. 1691 of October 6, 2011; read the first time. credit against income tax for the pur- At the request of Mr. BEGICH, the By Mr. REID: chase of hearing aids. name of the Senator from Alaska (Ms. S.J. Res. 31. A joint resolution applying S. 987 MURKOWSKI) was added as a cosponsor certain conditions to the dispute referred to in Executive Order 13586 of October 6, 2011, At the request of Mr. FRANKEN, the of S. 1691, a bill to amend chapter 44 of between the enumerated freight rail carriers, name of the Senator from Maryland title 18, United States Code, to update common carriers by rail in interstate com- (Ms. MIKULSKI) was added as a cospon- certain procedures applicable to com- merce, and certain of their employees rep- sor of S. 987, a bill to amend title 9 of merce in firearms and remove certain resented by labor organizations that have the United States Code with respect to Federal restrictions on interstate fire- not agreed to extend the cooling-off period arbitration. arms transactions. under section 10 of the Railway Labor Act S. 1025 S. 1692 beyond 12:01 a.m. on December 6, 2011; read At the request of Mr. LEAHY, the At the request of Mr. BINGAMAN, the the first time. name of the Senator from West Vir- By Mr. ENZI: name of the Senator from Wisconsin S.J. Res. 32. A joint resolution to provide (Mr. KOHL) was added as a cosponsor of ginia (Mr. MANCHIN) was added as a co- for the resolution of the outstanding issues S. 1025, a bill to amend title 10, United sponsor of S. 1692, a bill to reauthorize in the current railway labor-management States Code, to enhance the national the Secure Rural Schools and Commu- dispute; read the first time. defense through empowerment of the nity Self-Determination Act of 2000, to f National Guard, enhancement of the provide full funding for the Payments functions of the National Guard Bu- in Lieu of Taxes program, and for other SUBMISSION OF CONCURRENT AND reau, and improvement of Federal- purposes. SENATE RESOLUTIONS State military coordination in domes- S. 1792 The following concurrent resolutions tic emergency response, and for other At the request of Mr. WHITEHOUSE, and Senate resolutions were read, and purposes. the name of the Senator from Min- referred (or acted upon), as indicated: S. 1265 nesota (Ms. KLOBUCHAR) was added as a By Mr. BROWN of Massachusetts: At the request of Mr. BINGAMAN, the cosponsor of S. 1792, a bill to clarify S. Res. 340. A resolution to amend the name of the Senator from Vermont the authority of the United States Standing Rules of the Senate to prohibit a (Mr. SANDERS) was added as a cospon- Marshals Service to assist other Fed- Member, officer, or employee of the Senate sor of S. 1265, a bill to amend the Land eral, State, and local law enforcement from disclosing or using any material non- and Water Conservation Fund Act of agencies in the investigation of cases public information learned during the course 1965 to provide consistent and reliable involving sex offenders and missing of his or her service for personal gain; to the Committee on Rules and Administration. authority for, and for the funding of, children. By Mr. MERKLEY (for himself, Mr. the land and water conservation fund S. 1853 BURR, Ms. SNOWE, Mr. WYDEN, Mrs. to maximize the effectiveness of the At the request of Mr. SANDERS, the MURRAY, Mrs. FEINSTEIN, Mr. CASEY, fund for future generations, and for name of the Senator from Ohio (Mr. Ms. CANTWELL, and Ms. COLLINS): other purposes. BROWN) was added as a cosponsor of S. S. Res. 341. A resolution designating the S. 1369 1853, a bill to recalculate and restore first full week of December in 2011 as ‘‘Na- At the request of Mr. CRAPO, the retirement annuity obligations of the tional Christmas Tree Week’’; considered name of the Senator from Florida (Mr. United States Postal Service, elimi- and agreed to. RUBIO) was added as a cosponsor of S. nate the requirement that the United f 1369, a bill to amend the Federal Water States Postal Service pre-fund the ADDITIONAL COSPONSORS Pollution Control Act to exempt the Postal Service Retiree Health Benefits conduct of silvicultural activities from Fund, place restrictions on the closure S. 156 national pollutant discharge elimi- of postal facilities, create incentives At the request of Mr. JOHNSON of Wis- nation system permitting require- for innovation for the United States consin, his name was added as a co- ments. Postal Service, to maintain levels of sponsor of S. 156, a bill to amend the S. 1421 postal service, and for other purposes. Energy Policy and Conservation Act to At the request of Mr. PORTMAN, the S. 1868 provide a uniform efficiency descriptor name of the Senator from Colorado At the request of Mr. MENENDEZ, the for covered water heaters. (Mr. BENNET) was added as a cosponsor name of the Senator from Ohio (Mr. At the request of Mr. KOHL, the name of S. 1421, a bill to authorize the Peace BROWN) was added as a cosponsor of S. of the Senator from Maine (Ms. SNOWE) Corps Commemorative Foundation to 1868, a bill to establish within the was added as a cosponsor of S. 156, establish a commemorative work in Smithsonian Institution the Smithso- supra. the District of Columbia and its envi- nian American Latino Museum, and for S. 672 rons, and for other purposes. other purposes. At the request of Mr. ROCKEFELLER, S. 1558 S. 1884 the name of the Senator from Massa- At the request of Mr. SANDERS, the At the request of Mr. DURBIN, the chusetts (Mr. KERRY) was added as a name of the Senator from Nevada (Mr. name of the Senator from Tennessee cosponsor of S. 672, a bill to amend the REID) was added as a cosponsor of S. (Mr. ALEXANDER) was added as a co- Internal Revenue Code of 1986 to extend 1558, a bill to amend the Internal Rev- sponsor of S. 1884, a bill to provide and modify the railroad track mainte- enue Code of 1986 to apply payroll taxes States with incentives to require ele- nance credit. to remuneration and earnings from mentary schools and secondary schools S. 834 self-employment up to the contribution to maintain, and permit school per- At the request of Mr. CASEY, the and benefit base and to remuneration sonnel to administer, epinephrine at name of the Senator from Colorado in excess of $250,000. schools. (Mr. BENNET) was added as a cosponsor S. 1616 S. 1886 of S. 834, a bill to amend the Higher At the request of Mr. MENENDEZ, the At the request of Mr. LEAHY, the Education Act of 1965 to improve edu- name of the Senator from Massachu- name of the Senator from Rhode Island

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(Mr. WHITEHOUSE) was added as a co- struction, and for defense activities of amendment No. 1134 proposed to S. sponsor of S. 1886, a bill to prevent the Department of Energy, to prescribe 1867, an original bill to authorize ap- trafficking in counterfeit drugs. military personnel strengths for such propriations for fiscal year 2012 for S. 1900 fiscal year, and for other purposes. military activities of the Department At the request of Mr. MENENDEZ, the AMENDMENT NO. 1115 of Defense, for military construction, name of the Senator from Maine (Ms. At the request of Ms. LANDRIEU, the and for defense activities of the De- SNOWE) was added as a cosponsor of S. name of the Senator from Pennsyl- partment of Energy, to prescribe mili- 1900, a bill to amend title XVIII of the vania (Mr. CASEY) was added as a co- tary personnel strengths for such fiscal Social Security Act to preserve access sponsor of amendment No. 1115 pro- year, and for other purposes. to urban Medicare-dependent hospitals. posed to S. 1867, an original bill to au- AMENDMENT NO. 1143 S. 1903 thorize appropriations for fiscal year At the request of Ms. AYOTTE, her At the request of Mrs. GILLIBRAND, 2012 for military activities of the De- name was added as a cosponsor of the names of the Senator from Ohio partment of Defense, for military con- amendment No. 1143 proposed to S. (Mr. BROWN) and the Senator from struction, and for defense activities of 1867, an original bill to authorize ap- Montana (Mr. BAUCUS) were added as the Department of Energy, to prescribe propriations for fiscal year 2012 for cosponsors of S. 1903, a bill to prohibit military personnel strengths for such military activities of the Department commodities and securities trading fiscal year, and for other purposes. of Defense, for military construction, based on nonpublic information relat- AMENDMENT NO. 1120 and for defense activities of the De- ing to Congress, to require additional At the request of Mrs. SHAHEEN, the partment of Energy, to prescribe mili- reporting by Members and employees name of the Senator from New Jersey tary personnel strengths for such fiscal of Congress of securities transactions, (Mr. MENENDEZ) was added as a cospon- year, and for other purposes. and for other purposes. sor of amendment No. 1120 proposed to AMENDMENT NO. 1168 S. 1867, an original bill to authorize ap- S. RES. 310 At the request of Mr. WARNER, the propriations for fiscal year 2012 for At the request of Ms. MIKULSKI, the name of the Senator from Alaska (Mr. military activities of the Department name of the Senator from South Da- BEGICH) was added as a cosponsor of of Defense, for military construction, kota (Mr. JOHNSON) was added as a co- amendment No. 1168 intended to be pro- sponsor of S. Res. 310, a resolution des- and for defense activities of the De- posed to S. 1867, an original bill to au- ignating 2012 as the ‘‘Year of the Girl’’ partment of Energy, to prescribe mili- thorize appropriations for fiscal year tary personnel strengths for such fiscal and congratulating Girl Scouts of the 2012 for military activities of the De- year, and for other purposes. USA on its 100th anniversary. partment of Defense, for military con- AMENDMENT NO. 1125 AMENDMENT NO. 1046 struction, and for defense activities of At the request of Mrs. FEINSTEIN, the At the request of Mr. JOHNSON of Wis- the Department of Energy, to prescribe names of the Senator from Virginia consin, his name was added as a co- military personnel strengths for such (Mr. WEBB) and the Senator from sponsor of amendment No. 1046 in- fiscal year, and for other purposes. Rhode Island (Mr. WHITEHOUSE) were tended to be proposed to H. R. 2354, a AMENDMENT NO. 1172 added as cosponsors of amendment No. bill making appropriations for energy 1125 proposed to S. 1867, an original bill At the request of Mr. CORKER, the and water development and related to authorize appropriations for fiscal name of the Senator from Virginia (Mr. agencies for the fiscal year ending Sep- year 2012 for military activities of the WEBB) was added as a cosponsor of tember 30, 2012, and for other purposes. Department of Defense, for military amendment No. 1172 proposed to S. AMENDMENT NO. 1066 construction, and for defense activities 1867, an original bill to authorize ap- At the request of Ms. AYOTTE, the of the Department of Energy, to pre- propriations for fiscal year 2012 for name of the Senator from Tennessee scribe military personnel strengths for military activities of the Department (Mr. CORKER) was added as a cosponsor such fiscal year, and for other pur- of Defense, for military construction, of amendment No. 1066 proposed to S. poses. and for defense activities of the De- 1867, an original bill to authorize ap- AMENDMENT NO. 1126 partment of Energy, to prescribe mili- propriations for fiscal year 2012 for At the request of Mrs. FEINSTEIN, the tary personnel strengths for such fiscal military activities of the Department names of the Senator from Illinois (Mr. year, and for other purposes. of Defense, for military construction, KIRK), the Senator from Iowa (Mr. HAR- AMENDMENT NO. 1199 and for defense activities of the De- KIN) and the Senator from Virginia At the request of Mrs. HUTCHISON, the partment of Energy, to prescribe mili- (Mr. WEBB) were added as cosponsors of names of the Senator from Pennsyl- tary personnel strengths for such fiscal amendment No. 1126 proposed to S. vania (Mr. CASEY), the Senator from year, and for other purposes. 1867, an original bill to authorize ap- Oregon (Mr. MERKLEY), the Senator AMENDMENT NO. 1072 propriations for fiscal year 2012 for from Texas (Mr. CORNYN) and the Sen- At the request of Mr. LEAHY, the military activities of the Department ator from Alaska (Mr. BEGICH) were name of the Senator from Wisconsin of Defense, for military construction, added as cosponsors of amendment No. (Mr. KOHL) was added as a cosponsor of and for defense activities of the De- 1199 intended to be proposed to S. 1867, amendment No. 1072 proposed to S. partment of Energy, to prescribe mili- an original bill to authorize appropria- 1867, an original bill to authorize ap- tary personnel strengths for such fiscal tions for fiscal year 2012 for military propriations for fiscal year 2012 for year, and for other purposes. activities of the Department of De- military activities of the Department AMENDMENT NO. 1132 fense, for military construction, and of Defense, for military construction, At the request of Mr. CORKER, his for defense activities of the Depart- and for defense activities of the De- name was added as a cosponsor of ment of Energy, to prescribe military partment of Energy, to prescribe mili- amendment No. 1132 proposed to S. personnel strengths for such fiscal tary personnel strengths for such fiscal 1867, an original bill to authorize ap- year, and for other purposes. year, and for other purposes. propriations for fiscal year 2012 for AMENDMENT NO. 1202 AMENDMENT NO. 1114 military activities of the Department At the request of Mr. UDALL of New At the request of Mr. BEGICH, the of Defense, for military construction, Mexico, the name of the Senator from name of the Senator from New Hamp- and for defense activities of the De- Ohio (Mr. BROWN) was added as a co- shire (Ms. AYOTTE) was added as a co- partment of Energy, to prescribe mili- sponsor of amendment No. 1202 pro- sponsor of amendment No. 1114 pro- tary personnel strengths for such fiscal posed to S. 1867, an original bill to au- posed to S. 1867, an original bill to au- year, and for other purposes. thorize appropriations for fiscal year thorize appropriations for fiscal year AMENDMENT NO. 1134 2012 for military activities of the De- 2012 for military activities of the De- At the request of Mr. INHOFE, his partment of Defense, for military con- partment of Defense, for military con- name was added as a cosponsor of struction, and for defense activities of

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the Department of Energy, to prescribe partment of Energy, to prescribe mili- shire (Ms. AYOTTE) was added as a co- military personnel strengths for such tary personnel strengths for such fiscal sponsor of amendment No. 1317 pro- fiscal year, and for other purposes. year, and for other purposes. posed to S. 1867, an original bill to au- AMENDMENT NO. 1206 AMENDMENT NO. 1257 thorize appropriations for fiscal year At the request of Mrs. BOXER, the At the request of Mr. MERKLEY, the 2012 for military activities of the De- name of the Senator from Pennsyl- names of the Senator from Alaska (Mr. partment of Defense, for military con- vania (Mr. CASEY) was added as a co- BEGICH) and the Senator from Cali- struction, and for defense activities of sponsor of amendment No. 1206 pro- fornia (Mrs. BOXER) were added as co- the Department of Energy, to prescribe posed to S. 1867, an original bill to au- sponsors of amendment No. 1257 pro- military personnel strengths for such thorize appropriations for fiscal year posed to S. 1867, an original bill to au- fiscal year, and for other purposes. 2012 for military activities of the De- thorize appropriations for fiscal year AMENDMENT NO. 1320 partment of Defense, for military con- 2012 for military activities of the De- At the request of Mr. LIEBERMAN, the struction, and for defense activities of partment of Defense, for military con- name of the Senator from Alaska (Mr. the Department of Energy, to prescribe struction, and for defense activities of BEGICH) was added as a cosponsor of military personnel strengths for such the Department of Energy, to prescribe amendment No. 1320 intended to be pro- fiscal year, and for other purposes. military personnel strengths for such posed to S. 1867, an original bill to au- AMENDMENT NO. 1207 fiscal year, and for other purposes. thorize appropriations for fiscal year At the request of Ms. AYOTTE, her AMENDMENT NO. 1279 2012 for military activities of the De- name was added as a cosponsor of At the request of Mr. HOEVEN, the partment of Defense, for military con- amendment No. 1207 proposed to S. name of the Senator from Louisiana struction, and for defense activities of the Department of Energy, to prescribe 1867, an original bill to authorize ap- (Ms. LANDRIEU) was added as a cospon- propriations for fiscal year 2012 for sor of amendment No. 1279 intended to military personnel strengths for such military activities of the Department be proposed to S. 1867, an original bill fiscal year, and for other purposes. of Defense, for military construction, to authorize appropriations for fiscal AMENDMENT NO. 1332 and for defense activities of the De- year 2012 for military activities of the At the request of Mr. LIEBERMAN, the partment of Energy, to prescribe mili- Department of Defense, for military name of the Senator from New Hamp- tary personnel strengths for such fiscal construction, and for defense activities shire (Ms. AYOTTE) was added as a co- year, and for other purposes. of the Department of Energy, to pre- sponsor of amendment No. 1332 pro- posed to S. 1867, an original bill to au- AMENDMENT NO. 1215 scribe military personnel strengths for thorize appropriations for fiscal year At the request of Mr. CASEY, the such fiscal year, and for other pur- 2012 for military activities of the De- name of the Senator from Maine (Ms. poses. partment of Defense, for military con- AMENDMENT NO. 1286 COLLINS) was added as a cosponsor of struction, and for defense activities of amendment No. 1215 proposed to S. At the request of Ms. MURKOWSKI, the the Department of Energy, to prescribe 1867, an original bill to authorize ap- name of the Senator from Alaska (Mr. military personnel strengths for such propriations for fiscal year 2012 for BEGICH) was added as a cosponsor of fiscal year, and for other purposes. military activities of the Department amendment No. 1286 proposed to S. AMENDMENT NO. 1344 of Defense, for military construction, 1867, an original bill to authorize ap- At the request of Mr. INHOFE, his and for defense activities of the De- propriations for fiscal year 2012 for name was added as a cosponsor of partment of Energy, to prescribe mili- military activities of the Department amendment No. 1344 intended to be pro- tary personnel strengths for such fiscal of Defense, for military construction, posed to S. 1867, an original bill to au- year, and for other purposes. and for defense activities of the De- thorize appropriations for fiscal year AMENDMENT NO. 1227 partment of Energy, to prescribe mili- 2012 for military activities of the De- At the request of Ms. AYOTTE, her tary personnel strengths for such fiscal partment of Defense, for military con- name was added as a cosponsor of year, and for other purposes. struction, and for defense activities of amendment No. 1227 proposed to S. AMENDMENT NO. 1287 the Department of Energy, to prescribe 1867, an original bill to authorize ap- At the request of Ms. MURKOWSKI, the military personnel strengths for such propriations for fiscal year 2012 for names of the Senator from Missouri fiscal year, and for other purposes. military activities of the Department (Mr. BLUNT) and the Senator from AMENDMENT NO. 1346 of Defense, for military construction, Alaska (Mr. BEGICH) were added as co- At the request of Mr. INHOFE, his and for defense activities of the De- sponsors of amendment No. 1287 pro- name was added as a cosponsor of partment of Energy, to prescribe mili- posed to S. 1867, an original bill to au- amendment No. 1346 intended to be pro- tary personnel strengths for such fiscal thorize appropriations for fiscal year posed to S. 1867, an original bill to au- year, and for other purposes. 2012 for military activities of the De- thorize appropriations for fiscal year AMENDMENT NO. 1229 partment of Defense, for military con- 2012 for military activities of the De- At the request of Mr. LIEBERMAN, his struction, and for defense activities of partment of Defense, for military con- name was added as a cosponsor of the Department of Energy, to prescribe struction, and for defense activities of amendment No. 1229 proposed to S. military personnel strengths for such the Department of Energy, to prescribe 1867, an original bill to authorize ap- fiscal year, and for other purposes. military personnel strengths for such propriations for fiscal year 2012 for AMENDMENT NO. 1296 fiscal year, and for other purposes. military activities of the Department At the request of Mr. WYDEN, the AMENDMENT NO. 1387 of Defense, for military construction, name of the Senator from Oregon (Mr. At the request of Mr. INHOFE, his and for defense activities of the De- MERKLEY) was added as a cosponsor of name was added as a cosponsor of partment of Energy, to prescribe mili- amendment No. 1296 proposed to S. amendment No. 1387 intended to be pro- tary personnel strengths for such fiscal 1867, an original bill to authorize ap- posed to S. 1867, an original bill to au- year, and for other purposes. propriations for fiscal year 2012 for thorize appropriations for fiscal year AMENDMENT NO. 1237 military activities of the Department 2012 for military activities of the De- At the request of Ms. AYOTTE, her of Defense, for military construction, partment of Defense, for military con- name was added as a cosponsor of and for defense activities of the De- struction, and for defense activities of amendment No. 1237 proposed to S. partment of Energy, to prescribe mili- the Department of Energy, to prescribe 1867, an original bill to authorize ap- tary personnel strengths for such fiscal military personnel strengths for such propriations for fiscal year 2012 for year, and for other purposes. fiscal year, and for other purposes. military activities of the Department AMENDMENT NO. 1317 AMENDMENT NO. 1414 of Defense, for military construction, At the request of Mr. PORTMAN, the At the request of Mr. MENENDEZ, the and for defense activities of the De- name of the Senator from New Hamp- names of the Senator from Maine (Ms.

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COLLINS), the Senator from Maine (Ms. AMENDMENT NO. 1446 hearings on VAWA in anticipation of SNOWE), the Senator from Idaho (Mr. At the request of Mr. INHOFE, his this reauthorization. We have heard CRAPO), the Senator from Missouri (Mr. name was added as a cosponsor of from people from all around the coun- BLUNT), the Senator from Kansas (Mr. amendment No. 1446 intended to be pro- try, and they have told us the same MORAN), the Senator from Oregon (Mr. posed to S. 1867, an original bill to au- thing I hear from service providers, ex- MERKLEY), the Senator from Pennsyl- thorize appropriations for fiscal year perts, and law enforcement officers in vania (Mr. TOOMEY), the Senator from 2012 for military activities of the De- Vermont: While we have made great South Carolina (Mr. GRAHAM), the Sen- partment of Defense, for military con- strides in reducing domestic violence ator from Maryland (Ms. MIKULSKI), struction, and for defense activities of and sexual assault, these difficult prob- the Senator from Idaho (Mr. RISCH), the Department of Energy, to prescribe lems remain, and there is more work to the Senator from South Dakota (Mr. military personnel strengths for such be done. THUNE), the Senator from Louisiana fiscal year, and for other purposes. The victim services funded by VAWA (Mr. VITTER), the Senator from Dela- At the request of Mr. HATCH, the play a particularly critical role in ware (Mr. COONS), the Senator from Or- name of the Senator from Utah (Mr. these difficult economic times. The egon (Mr. WYDEN), the Senator from LEE) was added as a cosponsor of economic pressures of a lost job or Utah (Mr. HATCH) and the Senator from amendment No. 1446 intended to be pro- home can add stress to an already abu- Utah (Mr. LEE) were added as cospon- posed to S. 1867, supra. sive relationship and can make it even sors of amendment No. 1414 proposed to AMENDMENT NO. 1448 harder for victims to rebuild their S. 1867, an original bill to authorize ap- At the request of Mr. CHAMBLISS, the lives. At the same time, state budget propriations for fiscal year 2012 for name of the Senator from Georgia (Mr. cuts are resulting in fewer available military activities of the Department ISAKSON) was added as a cosponsor of services. Just this summer, Topeka, of Defense, for military construction, amendment No. 1448 intended to be pro- Kansas, took the drastic step of de- and for defense activities of the De- posed to S. 1867, an original bill to au- criminalizing domestic violence be- partment of Energy, to prescribe mili- thorize appropriations for fiscal year cause the city did not have the funds tary personnel strengths for such fiscal 2012 for military activities of the De- needed to prosecute these cases. We year, and for other purposes. partment of Defense, for military con- can and must do better than that. AMENDMENT NO. 1415 struction, and for defense activities of Budgets are tight, but we cannot sim- At the request of Mr. INHOFE, his the Department of Energy, to prescribe ply turn our backs on these victims. name was added as a cosponsor of military personnel strengths for such For many, the programs funded amendment No. 1415 intended to be pro- fiscal year, and for other purposes. through the Violence Against Women posed to S. 1867, an original bill to au- f Act are nothing short of a life line. thorize appropriations for fiscal year In Vermont, VAWA funding helped STATEMENTS ON INTRODUCED the Vermont Network Against Domes- 2012 for military activities of the De- BILLS AND JOINT RESOLUTIONS partment of Defense, for military con- tic and Sexual Violence provide serv- struction, and for defense activities of By Mr. LEAHY (for himself and ices to more than 7,000 adults and near- the Department of Energy, to prescribe Mr. CRAPO): ly 1,400 children last year alone. These military personnel strengths for such S. 1925. A bill to reauthorize the Vio- women and men, and girls and boys, re- fiscal year, and for other purposes. lence Against Women Act of 1994; to ceived shelter, counseling, legal advo- the Committee on the Judiciary. cacy and access to transitional hous- AMENDMENT NO. 1421 Mr. LEAHY. Mr. President, today, I ing—lifesaving services to help them At the request of Mr. INHOFE, his am proud to introduce the bipartisan recover from unspeakable trauma and name was added as a cosponsor of Violence Against Women Reauthoriza- abuse. amendment No. 1421 intended to be pro- tion Act of 2011 and to be joined by In one case, a mother of three chil- posed to S. 1867, an original bill to au- Senator CRAPO in doing so. For almost dren living in rural Vermont endured a thorize appropriations for fiscal year 18 years, the Violence Against Women long and abusive marriage in which she 2012 for military activities of the De- Act, VAWA, has been the centerpiece was not allowed to get an independent partment of Defense, for military con- of the Federal Government’s commit- job or even a driver’s license. For most struction, and for defense activities of ment to combat domestic violence, of her adult life, she was subjected to the Department of Energy, to prescribe dating violence, sexual assault, and physical, sexual and emotional abuse military personnel strengths for such stalking. We should reauthorize and by her husband. After she summoned fiscal year, and for other purposes. strengthen these programs. the courage to call a domestic violence AMENDMENT NO. 1436 Since VAWA’S passage in 1994, no hotline, her husband was arrested. Ad- At the request of Mr. INHOFE, his other law has done more to stop domes- vocates helped her find temporary name was added as a cosponsor of tic and sexual violence in our commu- housing and gain access to a lawyer amendment No. 1436 intended to be pro- nities. The resources and training pro- who helped her navigate the criminal posed to S. 1867, an original bill to au- vided by VAWA have changed attitudes process and establish supervised visita- thorize appropriations for fiscal year toward these reprehensible crimes, im- tion for her children. Because of fund- 2012 for military activities of the De- proved the response of law enforcement ing provided by VAWA, she and her partment of Defense, for military con- and the justice system, and provided children are safe and living independ- struction, and for defense activities of essential services for victims strug- ently. The lives of this woman and her the Department of Energy, to prescribe gling to rebuild their lives. It is a law children are just a few examples of how military personnel strengths for such that has saved countless lives, and it is VAWA is having a real impact in our fiscal year, and for other purposes. an example of what we can accomplish communities. AMENDMENT NO. 1444 when we work together. I have heard stories like this time At the request of Mr. INHOFE, his As a prosecutor in Vermont, I saw and again from victims and advocates name was added as a cosponsor of firsthand the destruction caused by do- in Vermont and across the country. amendment No. 1444 intended to be pro- mestic and sexual violence. Those were Without this critical funding, state and posed to S. 1867, an original bill to au- the days before VAWA, when too often local programs like the Vermont Net- thorize appropriations for fiscal year people dismissed these serious crimes work Against Domestic and Sexual Vi- 2012 for military activities of the De- with a joke, and there were few, if any, olence will not be able to provide their partment of Defense, for military con- services for victims. We have come a services to victims in desperate need. struction, and for defense activities of long way since then, but there is much The reauthorization bill that I am in- the Department of Energy, to prescribe more we must do. troducing with Senator CRAPO reflects military personnel strengths for such Over the last few years, the Senate Congress’s ongoing commitment to end fiscal year, and for other purposes. Judiciary Committee has held several domestic and sexual violence. It seeks

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18408 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 to expand the law’s focus on sexual as- rail carriers represented by the National parties upon the enactment of this joint res- sault, to ensure access to services for Carriers’ Conference Committee or by the olution and shall have the same effect as all victims of domestic and sexual vio- employees of such carriers represented by though arrived at by agreement of the par- lence, and to address the crisis of do- labor organizations that are a party to such ties under the Railway Labor Act (45 U.S.C. dispute, in the conditions out of which the 151 et seq.), except that nothing in this joint mestic and sexual violence in tribal dispute arose as such conditions existed resolution shall prevent a mutual written communities, among other important prior to 12:01 a.m. on December 6, 2011. agreement to any terms and conditions dif- steps. It also responds to these difficult ferent from those established by this joint economic times by consolidating pro- By Mr. REID: resolution. grams, reducing authorization levels, S.J. Res. 31. A joint resolution apply- (3)(A) If there are unresolved implementing and adding accountability measures to ing certain conditions to the dispute issues remaining with respect to the report ensure that Federal funds are used effi- referred to in Executive Order 13586 of and recommendations or agreement under ciently and effectively. October 6, 2011, between the enumer- paragraph (2) after 10 days after the date of The Violence Against Women Act has ated freight rail carriers, common car- enactment of this joint resolution, the par- riers by rail in interstate commerce, ties to the dispute shall enter into binding been successful because it has consist- arbitration to provide for a resolution of ently had strong bipartisan support for and certain of their employees rep- such issues. nearly two decades. Today, we build on resented by labor organizations that (B) The National Mediation Board estab- that foundation. I hope that Senators have not agreed to extend the cooling- lished by section 4 of the Railway Labor Act from both parties will join us to quick- off period under section 10 of the Rail- (45 U.S.C. 154) shall appoint an arbitrator to ly pass this critical reauthorization, way Labor Act beyond 12:01 a.m. on De- resolve the issues described in subparagraph which will provide safety and security cember 6, 2011; read the first time. (A). Except as provided in this joint resolu- for victims across America. Mr. REID. Mr. President, I ask unan- tion, such arbitration shall be conducted as imous consent that the text of the if it were under section 7 of such Act, and By Mr. REID: joint resolution be printed in the any award of such arbitration shall be en- forceable as if under section 9 of such Act. S.J. Res. 30. A joint resolution ex- RECORD. There being no objection, the text of (4) Within thirty days after the date of en- tending the cooling-off period under actment of this joint resolution, the binding section 10 of the Railway Labor Act the joint resolution was ordered to be arbitration entered into pursuant to para- with respect to the dispute referred to printed in the RECORD, as follows: graph (3) shall be completed. in Executive Order No. 13586 of October S.J. RES. 31 f 6, 2011; read the first time. Whereas the labor dispute between numer- Mr. REID. Mr. President, I ask unan- ous rail carriers that are common carriers by SUBMITTED RESOLUTIONS imous consent that the text of the rail in interstate commerce, and certain of joint resolution be printed in the their employees represented by labor organi- SENATE RESOLUTION 340—TO RECORD. zations, threatens to interrupt essential AMEND THE STANDING RULES There being no objection, the text of freight rail services of the United States; Whereas it is essential to the national in- OF THE SENATE TO PROHIBIT A the joint resolution was ordered to be terest that essential freight rail services be MEMBER, OFFICER, OR EM- printed in the RECORD, as follows: maintained; PLOYEE OF THE SENATE FROM S.J. RES. 30 Whereas Congress finds that emergency DISCLOSING OR USING ANY MA- Whereas the labor dispute between numer- measures are essential to maintaining the TERIAL NONPUBLIC INFORMA- ous rail carriers that are common carriers by security and continuity of freight rail serv- rail in interstate commerce, and certain of ices; TION LEARNED DURING THE their employees represented by labor organi- Whereas the President, by Executive Order COURSE OF HIS OR HER SERVICE zations, threatens to interrupt essential 13586 of October 6, 2011, and pursuant to the FOR PERSONAL GAIN freight rail services of the United States; provisions of section 10 of the Railway Labor Mr. BROWN of Massachusetts sub- Whereas it is essential to the national in- Act (45 U.S.C. 160), created Presidential mitted the following resolution; which Emergency Board 243 to investigate the dis- terest that essential freight rail services be was referred to the Committee on maintained; pute and report findings; Whereas Congress finds that emergency Whereas the recommendations of the Rules and Administration: measures are essential to maintaining the Emergency Board 243 issued on November 5, S. RES. 340 security and continuity of freight rail serv- 2011, have been exhausted and have not re- Resolved, ices; sulted in settlement of the dispute; SECTION 1. AMENDMENT TO THE STANDING Whereas the President, by Executive Order Whereas Congress, under the Commerce RULES OF THE SENATE. 13586 of October 6, 2011, and pursuant to the Clause of the Constitution, has the authority Rule XXXVII of the Standing Rules of the provisions of section 10 of the Railway Labor and responsibility to ensure the uninter- Senate is amended by— Act (45 U.S.C. 160), created Presidential rupted operation of essential freight rail (1) redesignating paragraph 15 as paragraph Emergency Board 243 to investigate the dis- services; and 16; and pute and report findings; Whereas Congress has in the past enacted (2) inserting after paragraph 14 the fol- Whereas the recommendations of the legislation for such purposes: Now, therefore, lowing: Emergency Board 243 issued on November 5, be it ‘‘15. A Member, officer, or employee of the 2011, have been exhausted and have not re- Resolved by the Senate and House of Rep- Senate shall not disclose or use any material sulted in settlement of the dispute; resentatives of the United States of America in nonpublic information learned during the Whereas Congress, under the Commerce Congress assembled, course of his or her service for personal Clause of the Constitution, has the authority SECTION 1. REQUIRED CONDITIONS. gain.’’. and responsibility to ensure the uninter- The following conditions shall apply to the f rupted operation of essential freight rail dispute referred to in Executive Order 13586 services; and of October 6, 2011, between the enumerated SENATE RESOLUTION 341—DESIG- Whereas Congress has in the past enacted freight rail carriers, common carriers by rail NATING THE FIRST FULL WEEK legislation for such purposes: Now, therefore, in interstate commerce, and certain of their OF DECEMBER IN 2011 AS ‘‘NA- be it employees represented by labor organiza- TIONAL CHRISTMAS TREE Resolved by the Senate and House of Rep- tions that have not agreed to extend the WEEK’’ resentatives of the United States of America in cooling-off period under section 10 of the Congress assembled, Railway Labor Act (45 U.S.C. 160) beyond Mr. MERKLEY (for himself, Mr. SECTION 1. EXTENSION OF COOLING-OFF PE- 12:01 a.m. on December 6, 2011: BURR, Ms. SNOWE, Mr. WYDEN, Mrs. RIOD. (1) The parties to such dispute shall take MURRAY, Mrs. FEINSTEIN, Mr. CASEY, With respect to the dispute referred to in all necessary steps to restore or preserve the Ms. CANTWELL and Ms. COLLINS) sub- Executive Order No. 13586 of October 6, 2011, conditions out of which such dispute arose as mitted the following resolution; which the time period described in the third para- such conditions existed before 12:01 a.m. on graph of section 10 of the Railway Labor Act December 6, 2011, except as provided in para- was considered and agreed to: (45 U.S.C. 160) shall be extended until 12:01 graphs (2) and (3). S. RES. 341 a.m. on February 8, 2012, so that no change, (2) The report and recommendations of the Whereas Christmas trees are grown in all except by agreement, shall be made by the Emergency Board 243 shall be binding on the 50 States;

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18409 Whereas Christmas trees have been sold personnel strengths for such fiscal port, ‘‘Additional Cost Information and commercially in the United States since year, and for other purposes; which was Stakeholder Input Necessary to Assess Mili- about 1850; ordered to lie on the table; as follows: tary Posture in Europe’’, GAO–11–131; and Whereas Edward Johnson, assistant to (vi) consider or assess any other issue re- At the end of the amendment add the fol- Thomas Edison, came up with the idea of lating to military facilities of the United lowing: electric lights for Christmas trees in 1882; States overseas that the Commission con- SEC. 1088. COMMISSION ON REVIEW OF OVER- Whereas President Calvin Coolidge started SEAS MILITARY FACILITY STRUC- siders appropriate. the National Christmas Tree Lighting cere- TURE OF THE UNITED STATES. (2) REPORT.— mony on the White House lawn in 1923; (a) IN GENERAL.— (A) IN GENERAL.—Not later than 60 days Whereas there are close to 15,000 farms (1) ESTABLISHMENT.—There is established after holding its final public hearing, the growing Christmas trees in the United the Commission on the Review of the Over- Commission shall submit to the President States; seas Military Facility Structure of the and Congress a report which shall contain a Whereas there are approximately 100,000 United States (in this section referred to as detailed statement of the findings and con- people employed full or part-time in the the ‘‘Commission’’). clusions of the Commission, together with Christmas tree industry; (2) COMPOSITION.— its recommendations for such legislation and Whereas Christmas tree farms in the (A) IN GENERAL.—The Commission shall be administrative actions as it considers appro- United States planted approximately composed of eight members of whom— priate. 35,000,000 Christmas trees in 2011 to replace (i) two shall be appointed by the Majority (B) PROPOSED OVERSEAS BASING STRAT- those harvested in 2010; and Leader of the Senate; EGY.—In addition to the matters specified in Whereas growing Christmas trees preserves (ii) two shall be appointed by the Minority subparagraph (A), the report shall also in- green space and small family-owned farms, Leader of the Senate; clude a proposal by the Commission for an provides habitats for wildlife, and sequesters (iii) two shall be appointed by the Speaker overseas basing strategy for the Department carbon dioxide: Now, therefore, be it of the House of Representatives; and of Defense in order to meet the current and Resolved, That the Senate— (iv) two shall be appointed by the Minority future mission of the Department, taking (1) designates the first full week of Decem- Leader of the House of Representatives. into account heightened fiscal constraints. ber in 2011 as ‘‘National Christmas Tree (B) QUALIFICATIONS.—Individuals appointed (C) FOCUS ON PARTICULAR ISSUES.—The re- Week’’; to the Commission shall have significant ex- port shall focus on current and future geo- (2) encourages the celebration of Christmas perience in the national security or foreign political posturing, operational require- trees during that week; policy of the United States. ments, mobility, quality of life, cost, and (3) recognizes the role Christmas trees (C) DEADLINE FOR APPOINTMENT.—Appoint- synchronization with the combatant com- have played in the history of the United ments of the members of the Commission mands. States; shall be made not later than 45 days after (c) POWERS.— (4) reaffirms the environmental benefits of the date of the enactment of this Act. (1) HEARINGS.—The Commission may hold Christmas tree farms and recycled Christmas (D) CHAIRMAN AND VICE CHAIRMAN.—The such hearings, sit and act at such times and trees; Commission shall select a Chairman and places, take such testimony, and receive (5) encourages the recycling of Christmas Vice Chairman from among it members. such evidence as the Commission considers trees after the holiday season; and (3) TENURE; VACANCIES.—Members shall be advisable to carry out this section. (6) celebrates the joy Christmas trees bring appointed for the life of the Commission. (2) INFORMATION SHARING.—The Commis- to families across the United States. Any vacancy in the Commission shall not af- sion may secure directly from any Federal f fect its powers, but shall be filled in the department or agency such information as same manner as the original appointment. the Commission considers necessary to carry AMENDMENTS SUBMITTED AND (4) MEETINGS.— out this section. Upon request of the Chair- PROPOSED (A) INITIAL MEETING.—Not later than 30 man of the Commission, the head of such de- SA 1452. Mrs. HUTCHISON (for herself and days after the date on which all members of partment or agency shall furnish such infor- mation to the Commission. Mr. TESTER) submitted an amendment in- the Commission have been appointed, the tended to be proposed to amendment SA 1246 Commission shall hold its first meeting. (3) ADMINISTRATIVE SUPPORT.—Upon re- quest of the Commission, the Administrator submitted by Mr. MCCAIN to the bill S. 1867, (B) CALLING OF THE CHAIRMAN.—The Com- to authorize appropriations for fiscal year mission shall meet at the call of the Chair- of General Services shall provide to the Com- 2012 for military activities of the Depart- man. mission, on a reimbursable basis, the admin- ment of Defense, for military construction, (C) QUORUM.—A majority of the members istrative support necessary for the Commis- and for defense activities of the Department of the Commission shall constitute a sion to carry out its duties under this sec- of Energy, to prescribe military personnel quorum, but a lesser number of members tion. strengths for such fiscal year, and for other may hold hearings. (4) MAILS.—The Commission may use the purposes; which was ordered to lie on the (b) DUTIES.— United States mails in the same manner and table. (1) STUDY OF OVERSEAS MILITARY FACILITY under the same conditions as other depart- SA 1453. Mr. KYL (for himself and Mr. STRUCTURE.— ments and agencies of the Federal Govern- CORKER) submitted an amendment intended (A) IN GENERAL.—The Commission shall ment. to be proposed to amendment SA 1183 pro- conduct a thorough study of matters relat- (5) GIFTS.—The Commission may accept, posed by Mr. SESSIONS to the bill S. 1867, ing to the military facility structure of the use, and dispose of gifts or donations of serv- supra; which was ordered to lie on the table. United States overseas. ices or property. SA 1454. Mr. JOHNSON, of South Dakota (B) SCOPE.—In conducting the study, the (d) PERSONNEL MATTERS.— (for himself and Mr. THUNE) submitted an Commission shall— (1) COMPENSATION OF MEMBERS.—Each amendment intended to be proposed by him (i) assess the number of forces required to member of the Commission who is not an of- to the bill H.R. 2354, making appropriations be forward based outside the United States; ficer or employee of the Federal Government for energy and water development and re- (ii) examine the current state of the mili- shall be compensated at a rate equal to the lated agencies for the fiscal year ending Sep- tary facilities and training ranges of the daily equivalent of the annual rate of basic tember 30, 2012, and for other purposes; which United States overseas for all permanent pay prescribed for level IV of the Executive was ordered to lie on the table. stations and deployed locations, including Schedule under section 5315 of title 5, United the condition of land and improvements at States Code, for each day (including travel f such facilities and ranges and the avail- time) during which such member is engaged TEXT OF AMENDMENTS ability of additional land, if required, for in the performance of the duties of the Com- such facilities and ranges; mission under this section. All members of (iii) identify the amounts received by the the Commission who are officers or employ- SA 1452. Mrs. HUTCHISON (for her- United States, whether in direct payments, ees of the United States shall serve without self and Mr. TESTER) submitted an in-kind contributions, or otherwise, from compensation in addition to that received amendment intended to be proposed to foreign countries by reason of military fa- for their services as officers or employees of amendment SA 1246 by Mr. MCCAIN to cilities of the United States overseas; the United States. the bill S. 1867, to authorize appropria- (iv) assess the feasibility and advisability (2) TRAVEL.— tions for fiscal year 2012 for military of the closure or realignment of military fa- (A) EXPENSES.—Members of the Commis- cilities of the United States overseas, or of sion shall be allowed travel expenses, includ- activities of the Department of De- the establishment of new military facilities ing per diem in lieu of subsistence, at rates fense, for military construction, and of the United States overseas; authorized for employees of agencies under for defense activities of the Depart- (v) consider the findings of the February subchapter I of chapter 57 of title 5, United ment of Energy, to prescribe military 2011 Government Accountability Office re- States Code, while away from their homes or

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18410 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 regular places of business in the performance At the end of the amendment, add the fol- mittee on Commerce, Science, and of services for the Commission under this lowing: Transportation be authorized to meet section. SEC. 3104. AUTHORIZATION OF TRANSFER OF during the session of the Senate on No- (B) MILITARY AIRCRAFT.—Members and AMOUNTS FROM DEPARTMENT OF staff of the Commission may receive trans- DEFENSE TO NATIONAL NUCLEAR vember 30, 2011, at 2:30 p.m., in room portation on military aircraft to and from SECURITY ADMINISTRATION. 253 of the Russell Senate Office Build- the United States, and overseas, for purposes (a) IN GENERAL.—Subject to subsection (b), ing. of the performance of the duties of the Com- if the amount appropriated for the weapons The PRESIDING OFFICER. Without mission to the extent that such transpor- activities of the National Nuclear Security objection, it is so ordered. Administration for fiscal year 2012 is less tation will not interfere with the require- COMMITTEE ON VETERANS’ AFFAIRS ments of military operations. than the amount authorized to be appro- (3) STAFFING.— priated for those activities for that fiscal Mr. LEVIN. Mr. President, I ask (A) EXECUTIVE DIRECTOR.—The Chairman of year by this title, the Secretary of Defense unanimous consent that the Com- the Commission may, without regard to the may transfer, from amounts appropriated for mittee on Veterans’ Affairs be author- civil service laws and regulations, appoint the Department of Defense for fiscal year ized to meet during the session on No- and terminate an executive director and 2012 pursuant to an authorization of appro- vember 30, 2011. The Committee will such other additional personnel as may be priations under this Act, to the Secretary of meet in room 418 of the Russell Senate necessary to enable the Commission to per- Energy for the weapons activities of the Na- Office Building beginning at 10 a.m. form its duties under this section. The em- tional Nuclear Security Administration an ployment of an executive director shall be amount up to $125,000,000. The PRESIDING OFFICER. Without subject to confirmation by the Commission. (b) APPLICABILITY OF NOTIFICATION PROCE- objection, it is so ordered. (B) STAFF.—The Commission may employ DURES.—The transfer authorized under sub- SUBCOMMITTEE ON THE CONSTITUTION, CIVIL a staff to assist the Commission in carrying section (a) shall be subject to the notifica- RIGHTS AND HUMAN RIGHTS out its duties. The total number of the staff tion procedures under section 1001 of this Act Mr. LEVIN. Mr. President, I ask of the Commission, including an executive and section 8005 of the Department of De- unanimous consent that the Com- director under subparagraph (A), may not ex- fense Appropriations Act, 2012. ceed 12. (c) TRANSFER AUTHORITY.—The transfer au- mittee on the Judiciary, Sub- (C) COMPENSATION.—The Chairman of the thority provided under this section is in ad- committee on the Constitution, Civil Commission may fix the compensation of the dition to any other transfer authority pro- Rights and Human Rights, be author- executive director and other personnel with- vided under this Act. ized to meet during the session of the out regard to chapter 51 and subchapter III of Senate, on November 30, 2011, at 10 chapter 53 of title 5, United States Code, re- SA 1454. Mr. JOHNSON of South Da- a.m., in room SD–226 of the Dirksen lating to classification of positions and Gen- kota (for himself and Mr. THUNE) sub- Senate Office Building, to conduct a eral Schedule pay rates, except that the rate mitted an amendment intended to be of pay for the executive director and other hearing entitled ‘‘A Balanced Budget proposed by him to the bill H.R. 2354, Amendment: The Perils of Constitu- personnel may not exceed the rate payable making appropriations for energy and for level V of the Executive Schedule under tionalizing the Budget Debate.’’ section 5316 of such title. water development and related agen- The PRESIDING OFFICER. Without (4) DETAILS.—Any employee of the Depart- cies for the fiscal year ending Sep- objection, it is so ordered. tember 30, 2012, and for other purposes; ment of Defense, the Department of State, or SPECIAL COMMITTEE ON AGING the Government Accountability Office may which was ordered to lie on the table; be detailed to the Commission without reim- as follows: Mr. LEVIN. Mr. President, I ask unanimous consent that the Special bursement, and such detail shall be without In title II of division A, at the end of the interruption or loss of civil service status or sections under the heading ‘‘GENERAL PRO- Committee on Aging be authorized to privilege. VISIONS—DEPARTMENT OF THE INTE- meet during the session of the Senate (5) TEMPORARY AND INTERMITTENT SERV- RIOR’’, add the following: on November 30, 2011, at 2 p.m., in room ICES.—The Chairman of the Commission may SEC. lll. Any funds available to carry 562 of the Dirksen Senate Office Build- procure temporary and intermittent services out the Oglala Sioux Rural Water Supply ing to conduct a hearing entitled: under section 3109(b) of title 5, United States System authorized by section 3(a) of the Mni ‘‘Overprescribed: The Human and Tax- Code, at rates for individuals which do not Wiconi Project Act of 1988 (Public Law 100– exceed the daily equivalent of the annual payers’ Costs of Antipsychotics in 516; 102 Stat. 2566; 108 Stat. 4539) shall also be Nursing Homes.’’ rate of basic pay prescribed for level V of the available for the Secretary of the Interior to Executive Schedule under section 5316 of plan, design, construct, operate, maintain, The PRESIDING OFFICER. Without such title. and replace the Oglala Sioux Rural Water objection, it is so ordered. (e) SECURITY.— Supply System within the entire boundary of (1) SECURITY CLEARANCES.—Members and f the Pine Ridge Indian Reservation, including staff of the Commission, and any experts and the tract of land in the State of Nebraska set PRIVILEGES OF THE FLOOR consultants to the Commission, shall possess aside as part of the Pine Ridge Indian Res- security clearances appropriate for their du- Mr. NELSON of Nebraska. Mr. Presi- ties with the Commission under this section. ervation by the Executive order dated Feb- dent, I ask unanimous consent that ruary 20, 1904. (2) INFORMATION SECURITY.—The Secretary Stefanie Peterson, an Air Force major of Defense shall assume responsibility for f who is a military fellow in my office, the handling and disposition of any informa- NOTICE OF INTENT TO OBJECT TO be granted the privilege of the floor tion relating to the national security of the United States that is received, considered, or PROCEEDING during the debate on S. 1867. used by the Commission under this section. I, Senator CHARLES GRASSLEY, intend The ACTING PRESIDENT pro tem- (f) TERMINATION.—The Commission shall to object to proceeding to H.R. 3012, a pore. Without objection, it is so or- terminate 45 days after the date on which bill to amend the Immigration and Na- dered. the Commission submits its report under f subsection (b). tionality Act to eliminate the per- country numerical limitation for em- FEDERAL COURTS JURISDICTION SA 1453. Mr. KYL (for himself and ployment-based immigrants, to in- AND VENUE CLARIFICATION ACT Mr. CORKER) submitted an amendment crease the per-country numerical limi- OF 2011 intended to be proposed to amendment tation for family-sponsored immi- SA 1183 proposed by Mr. SESSIONS to grants, and for other purposes, dated Mr. DURBIN. Mr. President, I ask the the bill S. 1867, to authorize appropria- November 30, 2011. Chair to lay before the Senate a mes- sage from the House with respect to tions for fiscal year 2012 for military f activities of the Department of De- H.R. 394. fense, for military construction, and AUTHORITY FOR COMMITTEES TO The Chair laid before the Senate the for defense activities of the Depart- MEET following message: ment of Energy, to prescribe military COMMITTEE ON COMMERCE, SCIENCE, AND H.R. 394 personnel strengths for such fiscal TRANSPORTATION Resolved, That the House agree to the year, and for other purposes; which was Mr. LEVIN. Mr. President, I ask amendment numbered 1 of the Senate to the ordered to lie on the table; as follows: unanimous consent that the Com- bill (H.R. 394) entitled ‘‘An Act to amend

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 18411 title 28, United States Code, to clarify the ju- Whereas Christmas tree farms in the ation Board process and recommenda- risdiction of the Federal courts, and for United States planted approximately tions put forth by the Presidential other purposes.’’ and be it further 35,000,000 Christmas trees in 2011 to replace Emergency Board selected by President Resolved, That the House agree to the those harvested in 2010; and Obama have been accepted by the ma- amendment numbered 2 of the Senate to the Whereas growing Christmas trees preserves aforementioned bill, with the following green space and small family-owned farms, jority of the unions. In fact, 10 of the 13 House Amendment to Senate Amendment: provides habitats for wildlife, and sequesters unions have reached agreement, and I Add at the end of the Senate engrossed carbon dioxide: Now, therefore, be it congratulate both sides for coming to amendment numbered 2 the following: Resolved, That the Senate— the table and working it out. Unfortu- Redesignate section 104 as section 105 and in- (1) designates the first full week of Decem- nately, the threat of a nationwide rail sert the following after section 103: ber in 2011 as ‘‘National Christmas Tree strike still remains and that is some- SEC. 104. TECHNICAL AMENDMENT. Week’’; thing our economy simply cannot bear Section 1446(g) of title 28, United States Code, (2) encourages the celebration of Christmas at this time. is amended by striking ‘‘subsections (b) and (c)’’ trees during that week; I have heard from numerous U.S. and inserting ‘‘subsection (b) of this section and (3) recognizes the role Christmas trees manufacturers about the negative con- paragraph (1) of section 1455(b)’’. have played in the history of the United States; sequences this strike will have on Amend the table of contents of the House en- (4) reaffirms the environmental benefits of them. They are concerned not just for grossed bill by striking the item relating to sec- Christmas tree farms and recycled Christmas their companies but for the employees tion 104 and inserting the following: trees; who may have to be laid off if they are Sec. 104. Technical amendment. (5) encourages the recycling of Christmas unable to ship product and for the cus- Sec. 105. Effective date. trees after the holiday season; and tomers who will not be able to get sup- Mr. DURBIN. I ask unanimous con- (6) celebrates the joy Christmas trees bring plies they need. A rail strike may start sent that the Senate concur in the to families across the United States. on December 6, but the impact of this House amendment to the Senate f threat is already being felt. As some- amendment and the motion to recon- MEASURES READ THE FIRST one who comes from a State that relies sider be laid upon the table, with no in- TIME—S.J. RES. 30, S.J. RES. 31, on commercial rail for much of its tervening action or debate. S.J. RES. 32, S. 1930, S. 1931, S. 1932 economy, I know how serious this is The PRESIDING OFFICER. Without and that is why I have introduced this Mr. DURBIN. Mr. President, I under- objection, it is so ordered. resolution. stand there are six measures at the f I urge the Senate, the House and the desk, and I ask for their first reading President to act quickly to avert this NATIONAL CHRISTMAS TREE en bloc. manmade national disaster. WEEK The PRESIDING OFFICER. The f Mr. DURBIN. Mr. President, I ask clerk will report the bills by title for unanimous consent that the Senate the first time en bloc. APPOINTMENT proceed to the consideration of S. Res. The legislative clerk read as follows: THE PRESIDING OFFICER. The 341 submitted earlier today. A resolution (S.J. Res. 30) extending the Chair, on behalf of the Republican The PRESIDING OFFICER. Without cooling-off period under section 10 of the leader, after consultation with the Vice objection, it is so ordered. The clerk Railway Labor Act with respect to the dis- Chairman of the Select Committee on will report the resolution by title. pute referred to in Executive Order No. 13586 Intelligence, and pursuant to the provi- of October 6, 2011. The legislative clerk read as follows: A resolution (S.J. Res. 31) applying certain sions of Public Law 107–306, as amended A resolution (S. Res. 341) designating the conditions to the dispute referred to in Exec- by Public Law 111–259, announces the first full week of December in 2011 as ‘‘Na- utive Order 13586 of October 6, 2011, between appointment of the following indi- tional Christmas Tree Week.’’ the enumerated freight rail carriers, com- vidual to serve as a member of the Na- There being no objection, the Senate mon carriers by rail in interstate commerce, tional Commission for Review of Re- proceeded to consider the resolution. and certain of their employees represented search and Development Programs of Mr. DURBIN. I ask unanimous con- by labor organizations that have not agreed the United States Intelligence Commu- to extend the cooling-off period under sec- nity: John J. Young of Virginia. sent that the resolution be agreed to, tion 10 of the Railway Labor Act beyond 12:01 the preamble be agreed to, the motions a.m. on December 6, 2011. f to reconsider be laid on the table, with A resolution (S.J. Res. 32) to provide for ORDERS FOR THURSDAY, no intervening action or debate, and the resolution of the outstanding issues in DECEMBER 1, 2011 any related statements be printed in the current railway labor-management dis- the record as if read. pute. Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without A bill (S. 1930) to prohibit earmarks. unanimous consent that when the Sen- objection, it is so ordered. A bill (S. 1931) to provide civilian payroll ate completes its business today, it ad- tax relief, to reduce the Federal budget def- The resolution (S. Res. 341) was journ until 9:30 a.m. on Thursday, De- icit, and for other purposes. cember 1, 2011; that following the pray- agreed to. A bill (S. 1932) to require the Secretary of The preamble was agreed to. er and Pledge of Allegiance, the Jour- State to act on a permit for the Keystone XL nal of proceedings be approved to date, The resolution, with its preamble, pipeline. reads as follows: the morning hour be deemed expired, Mr. DURBIN. Mr. President, I ask for and the time for the two leaders be re- S. RES. 341 the second reading and object to my served for their use later in the day; Whereas Christmas trees are grown in all own request en bloc. that following any leader remarks, the 50 States; The PRESIDING OFFICER. Objec- Senate be in a period of morning busi- Whereas Christmas trees have been sold tion having been heard, the measures ness until 11 a.m. with Senators per- commercially in the United States since will be read for a second time on the about 1850; mitted to speak therein for up to 10 Whereas Edward Johnson, assistant to next legislative day. minutes each, with the time equally di- Thomas Edison, came up with the idea of S.J. RES. 32 vided and controlled between the two electric lights for Christmas trees in 1882; Mr. ENZI. Mr. President, I have in- leaders or their designees, with the ma- Whereas President Calvin Coolidge started troduced this resolution to prevent the jority controlling the first half and the the National Christmas Tree Lighting cere- labor dispute between our Nation’s Republicans controlling the final half; mony on the White House lawn in 1923; railroads and their labor unions from that following morning business, the Whereas there are close to 15,000 farms delivering a knockout punch to the growing Christmas trees in the United Senate resume consideration of S. 1867, States; U.S. economy just before the holiday the Department of Defense Authoriza- Whereas there are approximately 100,000 season. The contract renegotiation tion Act postcloture; finally, that all people employed full or part-time in the that has been ongoing for some time time during adjournment and morning Christmas tree industry; has been through the National Medi- business count postcloture on S. 1867.

VerDate Sep 11 2014 12:51 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR11\S30NO1.002 S30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18412 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 13 November 30, 2011 The PRESIDING OFFICER. Without CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MEGAN H. ERICKSON AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MARK E. FISCHER objection, it is so ordered. 601: PETER S. GAUGER WILLIAM KEVIN GIEZIE f To be lieutenant general RAINER G. GOMEZ LT. GEN. FRANK GORENC DAVID M. HALTER PROGRAM FRANK G. HALUSKA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DUANE DARNELL HAYDEN Mr. DURBIN. Mr. President, we ex- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WILLIAM FREDRICK HEFNER pect to complete action on the Defense CATED UNDER TITLE 10, U.S.C., SECTION 624: CLARK ALLAN HIGHSTRETE To be brigadier general REYNOLD T. HIOKI authorization bill during tomorrow’s WALLACE RAY HOUSER session. Additionally, the majority COL. SEAN L. MURPHY LOREN MATTHEW HUBERT leader filed cloture on the motion to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GENE W. HUGHES, JR. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ADAM H. JENKINS proceed to S. 1917, the Middle Class Tax CATED UNDER TITLE 10, U.S.C., SECTION 624: SCOTT K. JOHNSON Cut Act of 2011. If no agreement is BRIAN J. KAMP To be brigadier general JANEL L. KEIZER reached, this vote will be Friday morn- GARY VERNON KELLOGG ing. COL. CHARLES E. POTTER HAROLD I. E. KINGDON, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEIR D. KNAPP f IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- LEE A. KNOWLTON CATED UNDER TITLE 10, U.S.C., SECTION 12203: RITA M. KUREK ADJOURNMENT UNTIL 9:30 A.M. To be brigadier general JULIA ANN KYRAZIS TOMORROW HARRISON JOHN LIPPERT COL. BRIAN E. DOMINGUEZ ANDREW JOHN MACDONALD CARL M. MAGNELL Mr. DURBIN. Mr. President, if there THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STUART K. MATHEW is no further business to come before STATES OFFICER FOR APPOINTMENT IN THE RESERVE SHERRIE LYNN MCCANDLESS OF THE AIR FORCE TO THE GRADE INDICATED UNDER DANIEL H. MCCARTHY the Senate, I ask unanimous consent TITLE 10, U.S.C., SECTIONS 12203 AND 12212: GERALD E. MCDONALD that it adjourn under the previous To be brigadier general NAHAKU A. MCFADDEN KEVIN T. MCMANAMAN order. COL. JOHN P. CURRENTI ROBERT B. MCMANIS There being no objection, the Senate, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHICO CLAUDE MESSER at 7:40 p.m., adjourned until Thursday, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- SCOTT R. MILLER CATED UNDER TITLE 10, U.S.C., SECTION 624: KURT A. MINNE December 1, 2011, at 9:30 a.m. MICHAEL F. MITCHELL To be brigadier general ROBERTO MORAFIGUEROA f JAMES JOSEPH MOY COLONEL JOHN D. BANSEMER GORDON E. NIEBERGALL NOMINATIONS COLONEL DAVID B. BEEN DAVID P. OSBORNE COLONEL MICHAEL T. BREWER GILBERT L. PATTON III Executive nominations received by COLONEL THOMAS A. BUSSIERE ERIC K. PAUER the Senate: COLONEL CLINTON E. CROSIER PAULA FRANCIES PENSON COLONEL ALBERT M. ELTON II GARY J. PRESCOTT SOCIAL SECURITY ADMINISTRATION COLONEL MICHAEL A. FANTINI CHRISTOPHER JOSEPH QUINN COLONEL TIMOTHY G. FAY MARIE F. SMITH, OF HAWAII, TO BE A MEMBER OF THE PAUL ROBERT QUIRION COLONEL EDWARD A. FIENGA SOCIAL SECURITY ADVISORY BOARD FOR A TERM EXPIR- MATTHEW DANIEL RATHSACK COLONEL STEVEN D. GARLAND ING SEPTEMBER 30, 2016, VICE DANA K. BILYEU, TERM EX- SCOTT EDWARD REED COLONEL THOMAS W. GEARY PIRED. MICHAEL L. REID COLONEL CEDRIC D. GEORGE PATRICK R. RENWICK DEPARTMENT OF ENERGY COLONEL BLAINE D. HOLT RAYMOND S. ROBINSON IV COLONEL SCOTT A. HOWELL ARUNAVA MAJUMDAR, OF CALIFORNIA, TO BE UNDER KEVIN ROGERS COLONEL RONALD L. HUNTLEY JEFFREY BRYAN SAMUEL SECRETARY OF ENERGY, VICE KRISTINA M. JOHNSON, COLONEL ALLEN J. JAMERSON RESIGNED. MARCOS G. SANTILLAN COLONEL JAMES C. JOHNSON KRIS R. SCHAUMANN DEPARTMENT OF STATE COLONEL MARK D. KELLY ROBERT J. SCHUETT COLONEL SCOTT A. KINDSVATER JOSEPH W. SCHULZ FREDERICK D. BARTON, OF MAINE, TO BE AN ASSIST- COLONEL DONALD E. KIRKLAND RICHARD J. SCHUMAN ANT SECRETARY OF STATE (CONFLICT AND STABILIZA- COLONEL RICKY J. LOCASTRO KIMBERLY A. SENCINDIVER TION OPERATIONS), VICE BRADFORD R. HIGGINS. COLONEL BRUCE H. MCCLINTOCK MICHAEL JOHN SHANAHAN FREDERICK D. BARTON, OF MAINE, TO BE COORDI- COLONEL MARTHA A. MEEKER PHILIP ROGER SHERIDAN NATOR FOR RECONSTRUCTION AND STABILIZATION. COLONEL JOHN E. MICHEL RAYMOND HENRY SIEGFRIED III (NEW POSITION) COLONEL CHARLES L. MOORE, JR. THOMAS R. SIMS THE JUDICIARY COLONEL GREGORY S. OTEY JAMES R. SMITH, JR. COLONEL JOHN T. QUINTAS GREGORY J. STAUT TIMOTHY S. HILLMAN, OF MASSACHUSETTS, TO BE COLONEL MICHAEL D. ROTHSTEIN CHARLIE DON THIGPEN UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF COLONEL KEVIN B. SCHNEIDER DAVID ROGER THOMAS MASSACHUSETTS, VICE NANCY GERTNER, RETIRED. COLONEL SCOTT F. SMITH NATHAN D. THOMAS ROBIN S. ROSENBAUM, OF FLORIDA, TO BE UNITED COLONEL BRADLEY D. SPACY VICTOR A. TORANO STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT COLONEL FERDINAND B. STOSS JOSE D. TORRESLABOY OF FLORIDA, VICE ALAN S. GOLD, RETIRED. COLONEL JACQUELINE D. VAN OVOST JOHN L. TRAETTINO ROBERT J. SHELBY, OF UTAH, TO BE UNITED STATES COLONEL JAMES C. VECHERY AARON MATTHEW VANCE DISTRICT JUDGE FOR THE DISTRICT OF UTAH, VICE COLONEL CHRISTOPHER P. WEGGEMAN MICHAEL KURFEES VONHOFFMAN TENA CAMPBELL, RETIRED. COLONEL KEVIN B. WOOTON DANIEL A. WALTER COLONEL SARAH E. ZABEL IN THE COAST GUARD LARRY A. WARMOTH IN THE ARMY MARIE E. WAUTERS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK A. WEBER AS VICE COMMANDANT OF THE UNITED STATES COAST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SAMMIE WILLINGHAM, JR. GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, IN THE UNITED STATES ARMY TO THE GRADE INDICATED GREGORY S. WOODROW U.S.C., SECTION 47: UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be vice admiral To be major general TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: VICE ADM. JOHN P. CURRIER BRIG. GEN. MICHAEL X. GARRETT To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE AIR FORCE TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN CHRISTON MICHAEL GIBB THE U.S. COAST GUARD AND TO THE GRADE INDICATED THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE VANESSA E. MAHAN UNDER TITLE 14, U.S.C., SECTION 50: UNITED STATES OFFICERS FOR APPOINTMENT TO THE LUIS E. MARTINEZ To be vice admiral GRADE INDICATED IN THE RESERVE OF THE AIR FORCE THAD M. REDDICK UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: REAR ADM. PAUL F. ZUKUNFT To be colonel IN THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN KEITH ALLEN ALLBRITTEN THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE U.S. COAST GUARD AND TO THE GRADE INDICATED CRAIG E. ASH THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 14, U.S.C., SECTION 50: TODD M. AUDET UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be vice admiral JEREMY O. BAENEN GARRY JAMES BEAUREGARD To be colonel VICE ADM. MANSON K. BROWN DAVID ARTHUR BROOKS THOMAS W. BROWN, JR. MICHAEL S. FUNK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RAFAEL CARRERO ROBERT W. INTRESS TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN CHRISTOPHER C. CASSON EDWIN W. LARKIN THE U.S. COAST GUARD AND TO THE GRADE INDICATED MARK A. CHIDLEY JOHN W. RUEGER UNDER TITLE 14, U.S.C., SECTION 50: SHAWN MICHAEL COCO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL VINCENT COMELLA To be vice admiral IN THE GRADE INDICATED IN THE REGULAR ARMY TIMOTHY J. CONKLIN UNDER TITLE 10, U.S.C., SECTION 531: REAR ADM. PETER V. NEFFENGER DOUGLAS B. COX IN THE AIR FORCE JASON ROOSEVELT CRIPPS To be major JUDY KAREN DAILEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICKI L. DOSTER JARROD W. HUDSON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- STEPHEN A. DUNAI CHARLES B. WAGENBLAST

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THE FOLLOWING NAMED OFFICER IN THE GRADE INDI- JOHN J. GUIDY, JR. JEFFREY T. SICKINGER CATED IN THE REGULAR ARMY JUDGE ADVOCATE GEN- RICKIE N. HAGAN CHARLES R. SIMMONS ERAL’S CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND AHRON R. HAKIMI JAMES G. SIMPSON 3064: MARK A. HANDY JEFFREY T. SIMS To be major WILLIAM C. HARDEE WILLIAM R. SIMS FRED R. HARMON, JR. TERENCE W. SINGLETON KARI L. CRAWFORD STEPHEN H. HARMON III JOSEPH S. SKARBOWSKI DANIEL A. HARMUTH THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ANDREW M. P. SMITH THOMAS V. HARPER THE UNITED STATES OFFICERS FOR APPOINTMENT TO JOHNNY R. SPRUIEL THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOHN W. HARRINGTON, JR. CHARLES R. STACHOWSKI UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DONALD S. HARRIS ROBERT C. STACK RICHARD J. E. HEITKAMP MICHAEL S. STOCKS To be colonel SCOTT A. HILL RICKY A. STORY SETH M. HOFFER HENRY H. BEAULIEU STEPHEN E. STRAND ERIC T. HOLMES SCOTTIE L. DOOLITTLE WILLIAM D. STRATTON ROBERT D. HOOD ERIC K. LITTLE DOUGLAS H. STUBBE GREGORY A. HOPKINS JEFFREY P. SWAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD C. HOUK JOHN F. SWEENEY TO THE GRADE INDICATED IN THE RESERVE OF THE CHRISTOPHER S. HOUSTON DEAN M. SWICK ARMY UNDER TITLE 10, U.S.C., SECTION 12203: VIVIAN S. HUGHES CLIFFORD G. TEBBITT To be colonel GREGORY M. JACKSON JACK J. THEBAU KEITH W. JANOWSKI ROY THERRIEN DONALD B. ABSHER JEFFREY J. JARVENSIVU JOHN A. THOMPSON MATTHEW D. ANGOVE STEVEN C. JOHNSON ROBERT F. THOMPSON, JR. DANIEL M. ARKINS, JR. TODD L. JOHNSTON GREGORY A. TOWNLEY MICHAEL J. ARRINGTON J. L. JONES EVAN J. TRINKLE WILLIAM ARTHER ROBIN H. N. JONES KIRSTI M. TRYGSTAD JAMES C. ASHING ANDREW JUKNELIS MICHAEL A. TURNER HAROLD W. ASKINS III JOYCE B. JUNIOR JOHN C. UPTMOR SHARON L. AUT KIPLING KAHLER JOHN W. VELLIQUETTE, JR. MATTHEW V. BAKER KEVIN J. KALEY EDWARD J. VILLACRES EDMOND G. BARTON JOHN M. KANALEY BRENDT J. VITALE GARY J. BARWIKOWSKI ALAN D. KATZ SAMUEL F. WAGNER KEITH M. BELANGER KEVIN L. KEEN JOHN J. WALDRON, JR. RUPERTO BETANCOURT ROBERT M. KELLY PAUL M. WALENESKY JAMES D. BISCHOFF ALICE A. KERR MARK E. BLACK KELLY G. KILHOFFER HARLAN T. WARE KIMBERLY A. BODOH WILLIAM KLAUS DAVID P. WARSHAW RANDALL J. BOLZ PHYLLIS KNOX MARIO R. WILHELM RANDALL S. BOSTWICK ROBERT E. KOCH JEFFREY C. WISER BLAKE G. BOWEN TIMOTHY KOHN JEFFREY L. WOODIE DAVID BOWEN DAVID A. KONTNY SHELWILBED WRAY BOWLMAN T. BOWLES III MICHAEL G. KOSALKO TONY L. WRIGHT JOHN A. BOYD DEBORAH L. KOTULICH ALAN E. ZENTAR JOSEPH L. BRAZELL SUSIE S. KUILAN IRENE M. ZOPPI KEITH P. BRELIA ANGELA M. LARSEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES A. BROOKS THOMAS S. LAVENDER TO THE GRADE INDICATED IN THE RESERVE OF THE JERRY E. BROOKS KENNETH R. LAWRENCE, JR. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: OLIVER L. BROOKS, JR. MICHAEL D. LEMIEUX PATRICK M. BROWN MICHAEL E. LONIGRO To be colonel RANDALL W. BURKE KENNETH W. LUCAS JOYCE M. BUSCH EDWIN F. LUGO JAMES S. ARANYI ROBERT S. CABELL JOHN M. MACDONALD WILLIAM L. AYERS MICHAEL M. CALAMITO MARION M. MANUTA SHELLEY L. BALDERSON HARRY D. CALLICOTTE GARY J. MAROUN MICHAEL G. BARGER JEFFREY A. CALVERT PEGGY A. MASTERSON DARRELL J. BENNIS LARRY CAMPBELL HAROLD B. MAYES SCOTT N. BERGUM THOMAS W. CANNINGTON MARK H. MCDONALD MICHAEL D. CAMPBELL ANTHONY N. CAPPETTA EDWARD C. MCFADDEN PEDRO J. COLON CRIZALDEH M. CARAANG BARNARD MCINTOSH ROBERT S. DAVIDSON PAUL T. CARRUTHERS PAUL J. MCKENNEY DAWN D. DEVINE KELLYMARIE H. CARTER RONALD S. MEREDITH ANDREW D. DOEHRING JAMES M. CHATFIELD, JR. KENNETH S. MERWIN JEFFERY A. DOLL GREGORY W. CHERRY MICHAEL W. MILLER BRADLEY A. DUFFEY ANTHONY H. CHOI BETTINA R. MONCUS JUDY V. ELLIS ELLEN S. CLARK HECTOR M. MORAN DALE D. FAIR AMY L. CONNELLY AUDRIE J. MORGAN DANIEL G. FOULKROD TIMOTHY P. CONNORS WILLIAM R. MORGAN, JR. MICHAEL P. FRIEND BRIAN R. COOK RICHARD L. NASH CHRISTOPHER B. FRY WILLIAM W. COOK RANDALL D. NEWTON PAUL T. GAULT GEORGE M. CORBIN CHRISTINE M. NICHOLS JAMES E. GIBSON ROBERT C. CRAFT PAUL H. NOBLIN, JR. PAUL S. GUILOT DAVID R. CRAINE ANDREW L. NORD ERIC S. HAALAND EDWARD H. CUMMINGS, JR. JAMES L. OAKES, JR. GEORGE G. HADRICK JOHN C. CURWEN CHRISTOPHER J. OCONNOR CHARLES G. HAHN PATRICK J. CUSICK THOMAS M. ODONOGHUE HAROLD M. HINTON, JR. GREGORY S. J. DALFERES JOHN S. OLESH DAVID L. HUBBARD MARY C. DANNER JOHN R. OLSON ROBERT B. HUMPHREY MICHAEL A. DASCANIO RONALD ORTIZ MICHAEL E. KIENE MILES A. DAVIS JACK A. OTTESON MATTHEW W. LUCAS JOSEPH DCOSTA BARRETT K. PARKER TIMOTHY J. LYNCH DIANNE M. DEL ROSSO NICOLE S. PARKER STEVEN P. MARCH BRIAN T. DIXON MICHAEL H. PASCO ELMER R. MASON NELS T. DOLAN JOHN E. PENN, JR. STEVEN A. MATAYOSHI ANDREA L. DOLLAR BRADLEY G. PERRIER CYNTHIA S. MCCARTY JOEL B. DROBA CHAUNDRA D. PERRY CHARLES H. MEADOWS ANTHONY G. DUPREE WILLIAM T. PETERSON JAMES E. MORRISON WALTER M. DUZZNY JOHN C. PISTONE LAWRENCE E. MOSLEY WALTER D. EASTER, JR. GREGORY A. POLITOWICZ ROBERT M. NOTCH ERIC E. EDIN JEFFREY C. PONKRATZ SHAWN P. OSBORNE JEFFERY ELLICK JOHN L. POWELL CESAR A. PADILLA JULIE A. ENGDAHL MARK P. PRICE MARTIN E. PANGELINAN ERIC C. ENGELMEIER MICHAEL F. REIDY GRANT R. PORTER MARK S. EUBANK JOSE J. REYES MARK E. QUARTULLO MARTIN C. EWALD FRANCIS L. REYNOLDS KEL LEE RAUCH PAUL H. FALL II JAMES H. REYNOLDS, JR. ROBERT D. REED RICHARD L. FARNSWORTH MARK J. RICCHIAZZI JAY D. RIEGER BRENNAN B. FERNELIUS STEVEN E. RILEY BILLY W. ROGERS ALEX B. FINK JOHN G. ROGERS MARGARET A. ROOSMA FRANCIS T. FLANAGAN RALPH S. ROPER, JR. MARK A. RUSHING BARRY J. FLYE DAVID A. ROSENBLUM EDWARD G. SALAZ, JR. CORDELL J. FOX JENNIFER E. RYAN STEVEN R. SCHWEICHLER BRYAN S. FRANKLIN DANNY W. SAMPLE, JR. RICHARD K. SELE MICHAEL C. FREEMAN KENNETH R. SARDEGNA STEPHEN G. SHERBONDY JUAN R. GARCIA DAVID W. SCHIMSA DEBORAH A. STOLZE JOHN T. GARITY III ALLAN SCHROEDER WILLIAM S. STORY PAUL R. GASS TIMOTHY R. SCHULGEN DAVID H. TAVASSOLI WILLIAM M. GAZIS GERARD L. SCHWARTZ SCOTT R. WEST HOWARD C. W. GECK ANTHONY P. SCIOLI DONNA R. WILLIAMS RICHARD E. GILES NICHOLAS SCOPELLITE ROBIN L. WILLIAMS CHRISTOPHER P. GOVEKAR JOHN R. SEELEY JOHN K. WORTHINGTON JOSEPH A. GREGG APRIL L. SELBYCOLE MARK A. YOUNG

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH E. MCMENAMIN MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- TO THE GRADE INDICATED IN THE RESERVE OF THE DIANA S. MEADOR TIONS 531 AND 3064: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BRIAN F. METCALF DANNY L. MILLS To be major To be colonel SUSAN E. MINKEMA HARVEY D. HUDSON MITCHELL J. ABEL DANIEL T. MONAGHAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN J. ABELING TIMOTHY P. MORAN JOHN W. ALTEBAUMER, JR. TIMOTHY J. MURPHY IN THE GRADE INDICATED IN THE REGULAR ARMY PETER K. ANDERSON PAUL K. NANAMORI UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: CURT E. ASHBY SCOTT D. NILES To be major FRANCIS E. BALASCIO JOHN M. OBERKIRSCH TIMOTHY S. BARRETT DAVID F. ODONAHUE WILLIAM H. CAROTHERS GORDON M. BARTLEY LUTALO O. OLUTOSIN STEPHEN C. BELLER STEPHEN E. OSBORN IN THE NAVY TODD F. BERGER TODD M. PATTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEVIN A. BUCKINGHAM PAUL R. PELTIER IN THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW J. BURINSKAS DANIEL F. PIPES UNDER TITLE 10, U.S.C., SECTION 531: THOMAS J. BURSON JOEL M. POTTS DONALD R. BYRD KEITH C. PRESTON To be lieutenant commander MICHAEL M. CAIN JOEL D. PRICE THOMAS G. CANTWELL PETER J. QUINN MATTHEW R. LOE ANGELICA REYES ROY E. CARPENTER, JR. THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- PETER M. REYNIERSE WILLIAM C. CARTER MENT TO THE GRADE INDICATED IN THE REGULAR NAVY BENNY R. RICHARDSON LLOYD P. CAVINESS, JR. UNDER TITLE 10, U.S.C., SECTION 531: JOHN S. CLOYD JOHN C. ROONEY THOMAS E. COGDALL JODEE A. ROWE To be lieutenant commander GEORGE S. CONWILL BRETT P. RYPMA DONNA L. COOPER HOWARD L. SCHAUER THOMAS P. ENGLISH GREGORY M. CORNELL KURT A. SCHLICHTER THE FOLLOWING NAMED OFFICERS FOR TEMPORARY JOHN P. COSTANZO WALLY SCHOLL APPOINTMENT TO THE GRADE INDICATED IN THE WILLIAM E. COUNTS JOSEPH M. SEAQUIST UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION ANTHONY J. COUTURE WILLIAM H. SELLERS III 5721: PETER B. CROSS DAVID L. SEYBOLD JEFFREY R. CSOKMAY ANTHONY A. SIMS To be lieutenant commander MICHAEL S. CURRAN MARK R. SLAVIK RICHARD A. ACKERMAN JOSEPH D. DANAO II JEFFREY D. SMILEY ALEX W. ALDRICH KENNETH W. DAVIS DAVID L. SMITH THOMAS D. BELCHIK, JR. KENNETH D. DEGIER STEVEN L. SMITH PAUL W. CASSUTTI BRIAN T. DEREAMER TERRANCE E. SMITH BRYAN J. CHRISTIANSEN BYRON L. DIAMOND THOMAS W. SMITH GAVIN H. CLOUGH BRIAN C. DICKERSON STEVEN P. SONNEGA TERENCE A. COLEMAN ROBERT L. DITCHEY II MICHAEL E. SPETH MATTHEW E. CURNEN BRIAN L. DRAKE BRENT E. STARK BENJAMIN S. DAVIDSON DANIEL J. DREHER CHAD R. STEVENS STEVEN A. DAWLEY BOBBIE J. DUNN DARRYL D. STEWART BRENT E. DILLOW DIANE L. DUNN JOACHIM STRENK PETER G. SZCZEPANSKI JEREMY D. ELMER MICHEAL E. DYE JOHN M. TILL JOHN E. FITZPATRICK DONALD R. EMERSON HILLIS J. TINGLUM MICHELLE R. FONTENOT KEVIN W. EXTINE TRACEY J. TRAUTMAN CHRISTOPHER A. GAHL HENRIK M. FAST KENNETH G. UTING BRYAN E. GEISERT JOSE L. FIGUEROA DAVID R. VERDI JOSEPH D. GODWIN DAVID FLEMING III THOMAS W. VONWEISENSTEIN DANIEL A. HANCOCK SCOTT K. FOWLER MARKLEY D. WAHL ZACHARY D. HARRY TIM W. FRANKLIN DANIEL J. WALCZYK JESSE H. HUMPHRIES VICTORIA GANDARA RACHEL C. WALKER MONICA R. HURLEY JAMES V. GARDINER RICHARD L. WEIKEL DAVID A. JOHNS JEFFREY L. GAYLORD ALEXANDER C. WETZEL JEREMY M. JOHNSTON JAMES T. GIBBONS CARL L. WHITE TRAVIS A. LARSON GLENN B. GILDON LARRY W. WILBANKS JOSHUA Q. MCCRIGHT GLENN S. GMITTER MICHAEL J. WILLIS SEAN M. MEREDITH BERKLEY G. GORE BRADLEY T. WOLFING STEPHEN T. NEUMAN KENNETH S. GULLY BOBBY L. YANDELL, JR. ANTHONY W. OXENDINE, JR. ALBERT J. HAAS THOMAS M. ZUBIK BRIAN J. PERRY PHILLIP R. HALE CHARLES W. PHILLIPS REX E. HALL THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DEREK A. RANDALL, JR. JEFFREY P. HANSEN MENT TO THE GRADE INDICATED IN THE REGULAR ARMY NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND JUSTIN D. REEVES BEVERLY D. HARTFIELD 3064: ERNIE REYES JAMES A. HEARTSILL III ALAN M. ROCHE STARRLEEN J. HEINEN To be major GARY A. RONEY MARK G. HENDRICK NOLE L. SHEETS MATTHEW K. HENGEL NANCY L. DAVIS JAMES L. SMITH GARY B. HERR SHEILA VILLINES LANCE SMITH GREGORY J. HIRSCH THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- BRIAN P. SPARKS ROBERT F. HOAGLUND MENT TO THE GRADE INDICATED IN THE REGULAR ARMY DONALD SPEIGHTS TIMOTHY HOUCHLEI MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., RANDY M. STACK GAIL G. INMAN SECTIONS 531 AND 3064: ADAM C. TERRAL ROBERT J. JARVIS To be major ALEXANDER C. VOELLER DWIGHT M. JETT, JR. WILLIAM M. WALKER CRAIG S. JONES GENEVIEVE L. COSTELLO YANCY M. WOODARD RALEIGH C. JONES THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- ADAM I. ZAKER ROBERT L. JONES MENT TO THE GRADE INDICATED IN THE REGULAR ARMY JEFFERY D. JULUM MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 ROBERT C. KEATING AND 3064: RICHARD D. KEMP, JR. f ERIC J. KILLEN To be lieutenant colonel JEFFREY M. KNEPSHIELD JOHNNA A. KOHL ROBERT J. NEWSOM DISCHARGED NOMINATION DAVID L. KOON RICHARD Y. YOON DANIEL KOZLOWSKI THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- The Senate Committee on Homeland ROBERT C. LARSEN MENT TO THE GRADE INDICATED IN THE REGULAR ARMY Security and Governmental Affairs was MARK W. LEAHEY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- GREGORY J. LEIMBACH TIONS 531 AND 3064: discharged from further consideration WILLIAM A. LENEWEAVER To be major of the following nomination under the GARY D. LEWIS RICHARD A. LIPE RICHARD A. DANIELS authority of the order of the Senate of FRANKLIN C. LITTLE STEPHEN M. LANGLOIS 01/07/2009 and the nomination was CLIFFORD R. LOCKWOOD, JR. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DANIEL G. LONOWSKI MENT TO THE GRADE INDICATED IN THE REGULAR ARMY placed on the Executive Calendar: HENRY LOPEZ MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 DAVID A. LOPINA *MICHAEL E. HOROWITZ, OF MARYLAND, TO BE INSPEC- AND 3064: STEVEN D. LUND TOR GENERAL, DEPARTMENT OF JUSTICE. DANIEL M. MAHNKE To be major *Nominee has committed to respond SCOTT R. MANAHAN ZACHARY E. MANER ARTHUR E. RABENHORST to requests to appear and testify before MICHAEL P. MARTINEZ STEVEN J. SVABEK any duly constituted committee of the PARRIS C. MCCULLAH THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- SUZANNE P. MCKIBBIN MENT TO THE GRADE INDICATED IN THE REGULAR ARMY Senate.

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The House met at 10 a.m. and was failed to make a single reference to window, depicting our first President, called to order by the Speaker pro tem- God during his Thanksgiving address George Washington, in his colonial uni- pore (Mr. BROOKS). to the Nation. Since the President has form, frozen, kneeling in prayer. That f a history of doing this sort of thing, chapel should be a reminder for all of it’s hard to believe that this was sim- us that our country’s faith should be DESIGNATION OF SPEAKER PRO ply an oversight on his part. Perhaps nothing to hide, but rather something TEMPORE this glaring omission was an attempt to embrace and protect. And that The SPEAKER pro tempore laid be- at being politically correct. But re- image of George Washington in prayer fore the House the following commu- gardless of the intention, there is no should be a reminder that our leaders nication from the Speaker: excuse for once again leaving out the need to seek wisdom of the Lord when- WASHINGTON, DC., One on whom the foundation of our lib- ever possible. November 30, 2011. erties rest. For the past several weeks, former I hereby appoint the Honorable MO BROOKS What did our Founding Fathers say Heisman Trophy winner and current to act as speaker pro tempore on this day. in the Declaration of Independence? starting quarterback of the Denver JOHN A. BOEHNER, Not that our rights come from govern- Broncos, Tim Tebow, has come under Speaker of the House of Representatives. ments, but rather that our rights come fire for publicly professing his faith. f directly from God. Facing mounting criticism from the As the Apostle Paul said, ‘‘In every- media, from sports commentators, and MORNING-HOUR DEBATE thing give thanks, for this is the will of even some of his own teammates, Tim The SPEAKER pro tempore. Pursu- God in Christ Jesus for you.’’ Tebow gave the following response to ant to the order of the House of Janu- We should never pass up an oppor- reporters, a response that I believe per- ary 5, 2011, the Chair will now recog- tunity to thank the Lord for the bless- fectly explains how our country should nize Members from lists submitted by ings he has bestowed upon our great recognize God. the majority and minority leaders for Nation. Quarterback Tebow said this: ‘‘If morning-hour debate. I know the specter of political cor- you’re married and you really love The Chair will alternate recognition rectness looms over our country more your wife, is it good enough only to say between the parties, with each party than ever before. There’s a lot of pres- to your wife ’I love her’ the day you get limited to 1 hour and each Member sure from elements within our society married? Or should you tell her every other than the majority and minority to censor public comments about faith single day when you wake up and every leaders and the minority whip limited in Jesus Christ. Groups like the ACLU opportunity? to 5 minutes each, but in no event shall seek to drive God out of our schools ‘‘My relationship with Jesus Christ is debate continue beyond 11:50 a.m. and our classrooms. Universities are the most important thing in my life. f discouraged from praying before grad- So any time I get the opportunity to uation and athletic events. tell Him that I love Him, or given the THANKING GOD FOR HIS MANY Some shopping malls and radio sta- opportunity to shout Him out on na- BLESSINGS tions would rather play Christmas tional TV, I’m going to take that op- The SPEAKER pro tempore. The music only about Santa Claus, and portunity. And so I look at it as a rela- Chair recognizes the gentleman from never mention the reason for the sea- tionship that I have with Him that I South Carolina (Mr. DUNCAN) for 5 min- son, Jesus Christ. Seeking guidance want to give Him the honor and the utes. from the Lord through prayer and glory any time I have the oppor- Mr. DUNCAN of South Carolina. Mr. thanking Him for the blessings He has tunity.’’ Speaker, this past weekend I joined given our Nation is something our Tim Tebow’s brave comments are an millions of Americans in celebrating country should do more of, not less. excellent reminder that we need to Thanksgiving with friends and family. Praying and giving thanks to God for look for every opportunity to thank As Americans, each of us has so much all blessing was the example set for us the Lord for our blessings of liberty to be thankful for this holiday season. by the first settlers who came to Amer- that He’s bestowed upon this great America is the greatest, most free ica for religious freedom. Times were country. country in the history of the world. As tough for them. They endured bitterly May God forgive this Nation of its a Nation, we can do anything we set cold winters, food shortages, and sins, may He overlook the times we out to accomplish. We have built the plagues. The early settlers faced insur- forget to thank Him for His gifts, may world’s most free and successful Repub- mountable odds, but they kept the our people turn to Him for guidance lic right here in America. We’ve used faith, persevered, and later thrived, and salvation, and may He continue to innovation to cure disease, fight hun- leading to the formation of this great bless the United States of America. ger, and spread the message of freedom Nation. f all across the globe. General George Washington, who We’ve changed the way societies went on to become our first President, EQUITY IN TAXATION interact by inventing things like the was known for frequently stopping The SPEAKER pro tempore (Mr. telephone, the automobile, and the air- whatever he was doing and getting WEBSTER). The Chair recognizes the plane. We’ve built some of the finest down on one knee to seek guidance gentleman from Oregon (Mr. BLU- schools and universities in the history from the Lord, and to praise Him for MENAUER) for 5 minutes. of the planet. We’ve changed our world the blessings that were given his Mr. BLUMENAUER. Mr. Speaker, for the better, but none of it would troops. it’s a sign of maturity to be able to re- have been possible without the grace Here in this building there’s a chapel tain two different but related concepts and blessing of our Almighty God. where Members of Congress can go to in your head at the same time. For in- That’s why I was both surprised and pray for our country. And in that chap- stance, taxes should not be raised on disappointed that President Obama el there is a beautiful stained glass the majority of working Americans

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.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18416 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 while the economy is in this very dif- cent of the economic pyramid trump Khan fought extradition until it be- ficult situation. But a little more can concerns for the rest of working fami- came clear that the severe evidentiary reasonably be paid by those who are ex- lies and the American economy. limitations made it impossible for him tremely well off. f to defend himself. b 1010 On May 13, 2010, the United States HAMESH KHAN Government forcefully handed Mr. The simple fact is that our economy The SPEAKER pro tempore. The Khan over to Pakistani authorities at and our families cannot afford to take Chair recognizes the gentleman from John F. Kennedy Airport in New York. the economic hit that is poised to pull Alabama (Mr. BROOKS) for 5 minutes. Mr. Khan was bound in handcuffs and a hundred billion dollars out of the Mr. BROOKS. Aslum Hamayun lives leg chains. With the Obama adminis- economy with the expiration of the 2 in Alabama’s Fifth Congressional Dis- tration’s historic act, Hamesh Khan be- percent payroll tax holiday that’s trict. He is a father who loves and came the first American citizen ever scheduled to expire this year. cares very much about his son, Hamesh extradited to Pakistan. The one con- There is currently a proposal that’s Khan. At Mr. Hamayun’s request, let cession the United States State De- being debated in the other body that I me share with you and the American partment received from the new Paki- hope we’ll have the opportunity to vote people the plight of Mr. Hamayun’s on here to be able to extend and expand stani regime was a promise that Mr. son, Hamesh Khan. Khan would be fairly treated under the payroll tax cut and to pay for it. Mr. Khan is an American citizen who, Under this proposal, employees would Pakistani law. thanks to the Obama administration receive a 50 percent additional cut in While anyone hearing this story can and the United States Government, has the payroll tax, cutting it essentially suspect political motivations for the been wrongfully held for over a year in half, and employers would have a re- prosecution of Mr. Khan by Pakistani and a half in Pakistan prisons without duction in the payroll tax that they authorities, I am not in a position to indictment for a specific crime or trial. pay on their employees up to the first make a judgment on that issue. But I $5 million of payroll. This would help This is Hamesh Khan’s story. am in a position to make a judgment Mr. Khan has lived in America since 98 percent of businesses but not give about our United States Government unnecessary giveaways to large and he was 10 years old. Mr. Khan earned a and its responsibility to protect Amer- profitable organizations, and, most im- bachelor’s and two master’s degrees ican citizens. portantly, it would prevent the typical from Georgia Southern University. Whether he is innocent or guilty of family from suffering a significant in- Following graduation, Mr. Khan the charges by Pakistani authorities, crease in their taxes while the econ- worked for Citibank in Pakistan. In Hamesh Khan has not been served jus- omy is still fragile. This proposal 2003, the Musharraf government ap- tice. Under Pakistani law, after arrest would give the average family $1,500 a pointed Mr. Khan to head Pakistan’s for suspicion, Pakistan’s National Ac- year extra to spend. You would think Punjab Bank. countability Bureau can hold a person that people ought to be able to Unfortunately for Mr. Khan, the for up to 3 months without bail. Within corollate those two concepts. Musharraf government fell in April that 3 months, Pakistan’s National Ac- The way that this would be financed 2008. As seems to be so often the case in countability Bureau must either indict is a small surtax on not just rich, but the world, a new government regime a held person for specific crimes for superrich people. These are folks who meant that appointees of the past re- trial or order his release; yet it is now make over a million dollars a year, and gime risked trouble. In American cit- over 18 months since Hamesh Khan be- they would just pay the surtax on that izen Hamesh Khan’s case, the new Pun- came the first American citizen extra- amount that they earn over the million jab government issued an arrest war- dited to Pakistan, and for those 18 dollar threshold. It’s far less than the 1 rant on suspicion of corruption and months, Mr. Khan has been held with- percent that we are hearing argued corrupt practices. Let me emphasize out bail, without indictment, and with- about. They would still pay lower that point, on suspicion of corruption out trial. Mr. Khan lives in a 6-foot by Bush-era tax rates on the first million, and corrupt practices. 6-foot prison cell in Pakistan. and those that have extensive invest- Fearing politically motivated repris- I pray the American State Depart- ment income, which most of them do, als, Mr. Khan fled Pakistan for his ment did not anticipate that Mr. Khan would still benefit from those lower home, America. Thereafter, Pakistan would be held indefinitely without in- rates. sought extradition of Mr. Khan pursu- dictment or trial when they forcibly Unfortunately, we find people here ant to the arrest warrant for suspicion bound and shackled an American cit- who are caught up in an ideology that of corruption and corrupt practices. izen and gave him to Pakistan. trumps concern for the economy and Let me be clear on this point. Three Therefore, Mr. Speaker, I enter this the typical American family. It was parties are involved in this tragedy: a statement in the CONGRESSIONAL this refusal to consider a balanced ap- new Pakistani regime; President RECORD: It is time for America’s State proach that is supported by the vast Obama and the United States Govern- Department to use whatever influence majority of the public that led to the ment; and Hamesh Khan, an American is necessary and proper to cause Paki- collapse of the so-called supercom- citizen. stan to treat Mr. Khan in accordance mittee. Americans were and are ready The United States had to decide with Pakistan’s own law and with for action that is bold, big, balanced whom to support: Pakistan or an international treaty obligations. and fair. American citizen. The Obama adminis- Justice cannot be served an Amer- Now, we actually can start on the tration chose Pakistan over its own ican citizen in any other way. road of recovery just by going on auto- American citizen. Mr. Speaker, it f pilot. The default that is set up that would be wonderful to know why the WHO SAYS GOVERNMENT CAN’T will let the Bush-era tax cuts expire Obama administration made that deci- CREATE JOBS? unless Congress does something and sion. moving towards automatic sequestra- In any event, on December 10, 2009, The SPEAKER pro tempore. The tion will actually solve most of the def- Mr. Khan was arrested by United Chair recognizes the gentleman from icit problem that we face just by doing States marshals in his office in Wash- Illinois (Mr. JACKSON) for 5 minutes. nothing. ington, D.C., and held without bond for Mr. JACKSON of Illinois. Who says, But we can do better than nothing. 5 months. Remarkably, persons in Mr. Mr. Speaker, that government can’t We can adjust. We can craft. We can Khan’s position are barred from fully create jobs? The greatest need of the focus it to get the most benefit. And we defending themselves at extradition American people today is jobs, but the can start with a modest adjustment. hearings. For example, Mr. Khan was question before them is this: Who is re- I hope my colleagues will not let the barred from presenting evidence to im- sponsible and how should jobs be cre- worship of the top one-tenth of a per- peach the allegations against him. Mr. ated?

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18417 Democrats, Republicans, and Inde- CCC was open for business. The first Baltimore-area radio talk show host on pendents, liberals, moderates, and con- registrant was 19-year-old Fiore Rizzo WBAL, as well as a columnist for the servatives all agree that the private of New York, who arrived on April 7 in Baltimore Sun, announced his retire- sector is the primary source of jobs. a cab with three of his friends at an ment after 26 years because of his diag- However, with 9 percent official unem- Army recruiting station in downtown nosis of inoperable pancreatic cancer ployment—the reality is it’s much Manhattan. Rizzo belonged to a family and impending death. higher—and 25 million Americans ei- of 13, whose father had not worked in 3 I ask all of my colleagues to join me, ther unemployed or underemployed, years. along with thousands of loyal listeners it’s self-evident that the private sector So how did these government-created and readers who have expressed their has not supplied enough jobs and either jobs work out? deep appreciation and admiration for can not or will not create enough full- The average enrollee signed up at the Ron Smith. Ron unfailingly contrib- time jobs today to employ the 25 mil- age of 181⁄2, stayed for 9 months—6 uted a voice of reason with unmatched lion people who need them. months was the minimum tour, 2 years candor while providing a forum for the maximum—and gained up to 30 b 1020 civil and vigorous debate about politics pounds during his term, thanks to and policy that is sorely needed every- So what do we do? Throw our hands three square meals a day served up by where in America. up and say, ‘‘Nothing can be done,’’ the Army quartermasters as fuel for I feel privileged to have been a guest Congress? daily labor. a number of times on Ron’s show on Democrats generally believe in The program ramped up quickly. By WBAL. It was always equally a pleas- ‘‘priming the pump,’’ through deficit July, there were 1,300 camps housing ure and a challenge to meet Ron’s high spending if necessary, to create jobs 275,000 enrollees, already working vig- standards. Ron is a true conservative and stimulate the economy in order to orously on projects that would rank in the classical and historical meaning put the overall economy back on track among the most notable legacies of the of the term. With equal enthusiasm during these times when the private New Deal. Before the CCC ended and and utmost respect, Ron asked tough sector has obviously failed us. In the with the coming of war mobilization in questions of guests and callers and dis- past, many Republicans have generally 1942, the CCC built 125,000 miles of sected the arguments of liberal elites, agreed; but this current Tea Party-Re- roads, 46,000 bridges, more than 300,000 Democrats and Republicans, and others publican Party, all of whom have gov- dams to check erosion, planted more who call themselves conservative. ernment jobs and employ government than 3 billion trees, and strung 89,000 From a vast knowledge of both his- staffs, doesn’t agree and generally ar- miles of telephone wire. tory and government, Ron Smith gues that the government can’t create The camps instilled in many of these shared, and we in Maryland were most jobs. Really? young men the concept of an American privileged to benefit from, his succinct President Franklin Delano Roo- identity. No doubt the comradery was and persuasive dialogue and dedication sevelt, we are reminded by Michael fostered by a shared resentment of the to liberty and reason. Hiltzik in his new book ‘‘The New Deal: camps’ martial regimen, the rising Thank you, Ron. Godspeed. A Modern History,’’ reveals a different with the bugler’s call, the mandate to f truth, which is the source of the fol- keep their bunks and footlockers in STOP OUTSOURCING SECURITY lowing information: order, and the heeding of senior officers ACT FDR was sworn into office on March without discussion. Mr. Speaker, I can 4, 1933. He came up with the idea him- only imagine that, today, these Army The SPEAKER pro tempore. The self of a Civilian Conservation Corps on quartermasters would demand that our Chair recognizes the gentlewoman from March 13, the first jobs program of the young men pull up their pants. The Illinois (Ms. SCHAKOWSKY) for 5 min- New Deal. He presented his idea to a Army, too, found the experience valu- utes. White House aide, Raymond Moley, on able. As War Secretary George Dern Ms. SCHAKOWSKY. While many March 14—an idea that he had just confided to Frances Perkins a year into hours have been spent by this body de- come up with the night before. The the program, his officer corps had had bating the wars in Iraq and Afghani- idea was to put platoons of young un- to learn ‘‘to govern men by leadership, stan, far too little time has been de- employed men to work in the forests explanation and diplomacy rather than voted to the United States’ growing de- and the national parks. That very discipline. The knowledge is priceless.’’ pendence on private military contrac- afternoon, a memo and a skeleton bill The CCC would serve as a model for tors: the weapon-carrying, for-profit went out to the four Secretaries who national service programs of a later security companies—mercenaries—who would be involved in implementing his era, such as the Peace Corps, have become integral and counter- CCC plan—Frances Perkins, Labor; AmeriCorps and VISTA. productive actors in our war efforts. Henry A. Wallace, Agriculture; Harold ‘‘There was pride in the work,’’ one I believe that the increased reliance L. Ickes, Interior; and George H. Dern, former boy still recalls 60 years later. on hired guns to provide security in War—the first interdisciplinary agency ‘‘We built something, and I knew I conflict zones undermines our policy of the New Deal. helped . . . It was something you could objectives, and I am not alone. In 2007 The next day, on March 15, the four take pride in, and there wasn’t a lot of then-Defense Secretary Robert Gates Secretaries returned a joint response pride available in those days.’’ stated that the mission of many secu- proposing a wider relief program, en- Among the New Deal programs, the rity contractors was ‘‘at cross purposes compassing not only a Civilian Con- CCC would inspire almost universal af- to our larger mission in Iraq.’’ servation Corps, but a public works fection, even more so than Social Secu- We should be concerned. Private con- program and a grants-in-aid to States rity. tractors don’t wear the badge of the and municipalities for relief. On March Mr. Speaker, the Federal Govern- United States. They answer to a cor- 21, FDR sent a message to Congress in- ment can create jobs. poration, not to a uniformed com- volving, among other things, his idea f mander. Our government doesn’t even of a CCC. In his message, he observed know how many contract personnel ‘‘more important . . . than the mate- RON SMITH, A VOICE OF REASON we’ve hired. Because legal jurisdiction rial gains will be the moral and spir- FOR MARYLAND AND AMERICA remains murky, we may lack the abil- itual value of such work . . . We can The SPEAKER pro tempore. The ity to prosecute contractors for alleged take a vast army of these unemployed Chair recognizes the gentleman from violations committed overseas. out to healthful surroundings.’’ Maryland (Mr. BARTLETT) for 2 min- We need to end our reliance on secu- Congress debated and passed the Ci- utes. rity contractors in conflict zones. vilian Conservation Corps program in 8 Mr. BARTLETT. On November 18 Since 2007 I’ve introduced the Stop days, on March 29. By early April, the Ron Smith, a respected and beloved Outsourcing Security Act to phase out

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18418 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 the use of for-profit contractors for who have shared their concerns that any mention of other American security con- mission-critical tasks, including secu- they are endangered by the behavior of sultants who are performing the same busi- rity, intelligence and interrogation in hired guns employed by Blackwater- ness in the Middle East and Asia. conflict areas. The SOS Act builds on like companies, that I will keep speak- You brag on your official website that you have ‘‘focused’’ on private security contrac- legislation I have introduced since 2001, ing out to protect our mission and our tors who ‘‘work for companies like the infa- including the Andean Region Con- brave troops from risk. mous Blackwater.’’ In October 2007, you re- tractor Accountability Act to prohibit And I want to tell the families of the quested then Secretary of State Rice to ‘‘ter- military contracting in Colombia and men and women who have been killed minate Blackwater’s contract immediately.’’ neighboring nations. in incidents involving Blackwater and In February 2009, you issued a press release While the problem applies to other other such companies that I will con- alleging Blackwater’s actions have put ‘‘our private contractors, there is one com- tinue to push for full investigations troops in harms [sic] way and jeopardized pany that has been synonymous with and, whenever appropriate, criminal our mission in Iraq.’’ In September 2010, you purposely evoked a criminal context by misconduct—Blackwater. Operating charges. mischaracterizing Blackwater as a ‘‘repeat under a culture of recklessness created DIGENOVA & TOENSING, LLP, offender.’’ by its founder, Erik Prince, Blackwater ATTORNEYS-AT-LAW, The facts you assert about Mr. Prince show employees have been implicated in a Washington, DC, October 7, 2011. complete reckless disregard for the truth. wide range of alleged misconduct since Delivered by Hand For example, Mr. Prince did not immigrate 2004—from shooting and killing civil- Hon. JAN SCHAKOWSKY, to the UAE. He maintains a residence in the ians to gun-running. Longworth House Office Building, United States. Mr. Prince has never com- Five former Blackwater executives, Washington, DC. mitted nor ever been charged with any crime. including its former president, Gary DEAR CONGRESSWOMAN SCHAKOWSKY: This firm represents Erik Prince concerning false A federal court in July 2011 dismissed Mr. Jackson, were indicted in 2010 for and defamatory statements you have made Prince from a civil law suit finding there was weapons charges. The company agreed against him. no evidence on which to base the claims. to a $42 million administrative settle- On September 8, 2011, Guy Adams, a Los Moreover, a jury found there was no liability ment with the State Department for Angeles-based correspondent, published in for United States Training Center, the com- 288 alleged violations of the Arms Ex- the London-based Independent an article dis- pany formerly known as Blackwater. A port Control Act and International cussing ‘‘Blackwater’’ (2011), a video game quick check would have verified these read- Traffic in Arms Regulations. At least owned by Mr. Prince. In that article, Mr. ily available facts. Your interview with Mr. Adams is not pro- seven civil suits for alleged abuses by Adams attributes to you the following obser- vation: ‘‘If Mr. Prince had not emigrated to tected by the Speech or Debate clause. Blackwater personnel in Iraq have been the United Arab Emirates, which does not Hutchinson v. Proxmire, 443 U.S. 111, 124–125 settled, and legal action is still pend- have an extradition agreement with the US, (1979). ing against four Blackwater guards ac- he too would now be facing prosecution.’’ As you are surely aware, since articles cused of massacring 17 civilians in We demand you cease and desist any fur- quoting you are published in other countries, Baghdad’s Nisour Square in 2007. Fur- ther public statements that suggest in any you are subject to defamation laws in those ther, the Iraqi Government, our ally, way that Mr. Prince ‘‘would be facing pros- countries as well as in the United States. If has repeatedly asked that Blackwater ecution’’ or has engaged in criminal conduct you do not like the ‘‘Blackwater’’ video game, you are free to express your opinion. be ousted, leading the United States under any circumstances. Your caprice in making a false and defam- But you are not permitted under the laws of State Department to refuse to renew atory statement about criminal culpability the United States and numerous countries the company’s contract in 2009. is particularly galling in light of your hus- where your statements are published to In short, Blackwater, now renamed band’s guilty plea to federal fraud and his make false accusations about Mr. Prince’s Xe, has been a center of controversy time in prison. One would think you would status under the criminal law. for years in congressional committees, be sensitive about falsely accusing others of Sincerely, the press and among members of the criminality. VICTORIA TOENSING, military. Yet the company has received Mr. Prince has answered his country’s call Counsel for Erik Prince. over $1.25 billion in taxpayer money. to serve both in military uniform and civil- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ian life. Mr. Prince served his country with The SPEAKER pro tempore. Mem- Recently, Mr. Prince has launched a honor as a commissioned officer in the video game called ‘‘Blackwater,’’ glori- United States Navy SEALs. He deployed bers are reminded to address their re- fying the discredited company he start- with SEAL Team 8 to Haiti, the Middle East, marks to the Chair, not to others in ed, and now Mr. Prince has adopted yet and the Balkans. the second person. another heavy-handed tactic—the at- Mr. Prince’s support for human rights f around the world is well established, from tempted intimidation of a Member of RIGHTS OF WORKERS TO ORGA- Congress. funding famine relief in Somalia and the Sudan, to contributing to the building of NIZE AND BARGAIN COLLEC- b 1030 hospitals, schools, orphanages and churches TIVELY Last month a letter from his attor- and mosques in the Middle East and Asia. He The SPEAKER pro tempore. The financed a feature film, The Stoning of ney was hand delivered to my congres- Soraya M., about the oppression of women in Chair recognizes the gentleman from sional office. Mr. Speaker, I am sub- Iran. Mr. Prince has spent time and re- North Carolina (Mr. MILLER) for 5 min- mitting the letter for the CONGRES- sources to improve conditions for many who utes. SIONAL RECORD. It accuses me of defam- live under despotic regimes surrounded by Mr. MILLER of North Carolina. Mr. atory statements, characterizes my ef- war, drought, and famine. Speaker, around the world, the rights forts to urge investigations into Mr. Your statement to Mr. Adams, which im- of workers to organize and bargain col- Prince as a violation of congressional putes commission of a crime, is per se libel- lectively through a representative of power, and describes possible legal ac- ous. Raboya v. Shrybman & Assoc., 777 F.Supp. their choosing, with their employer, 58, 59 (D.D.C. 1991); Farnum v. Colbert, 293 A.2d tion if I persist. 279,281 (D.C. 1972). over wages and benefits and conditions I come to the floor today because I Your malice cannot be questioned. You of employment, is recognized as an im- believe it is my responsibility as a have a multi-year history of making deroga- portant human right and as a hallmark Member of Congress to speak out tory comments about Mr. Prince and his of democratic societies. But in the against policies and entities that I be- former company, Blackwater. You have United States those rights have been lieve are damaging to our Nation. I abused your Congressional power to request under assault by some politicians and want to make it clear to Mr. Prince that Mr. Prince be investigated. by some employers who want to turn that I will not stop working to end our In May of this year, you attempted to ini- the clock back three-quarters of a cen- tiate a Department of State investigation of reliance on private security contrac- Mr. Prince in a letter to Secretary of State tury. tors or to investigate any and all alle- Clinton. You based your request on your When workers want to join a union gations of misconduct. I want to make ‘‘concern that Mr. Prince is now exporting here and bargain collectively with it clear to the military men and women his services.’’ Absent from your letter was their employer, too many employers

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18419 intentionally delay and delay, abusing is there any assurance the election will According to CBO’s in-depth anal- the legal system to deny their employ- really be held. ysis, the Recovery Act will continue to ees the rights that we scold developing My Republican colleagues blame friv- have a significant impact on the econ- nations for denying their workers. olous lawsuits for many of the ills of omy. Although it was designed to oper- I rise in support of the proposed Na- our country; but this bill would reward ate from 2009 to 2011, CBO found it will tional Labor Relations Board rule to frivolous lawsuits by providing more continue to drive GDP growth next streamline and modernize union elec- time for employers to find fault, real or year, adding 1 percent to the economy tion procedures, an important and fabricated, with the election process; and will further increase employment overdue step to restore fairness to our and by blocking the NLRB’s current by 1 million jobs. inefficient and outdated system that rule that would allow elections to After opposing any stimulus action has allowed too many abuses. The new move ahead before the complaints are in the midst of the worst economic NLRB rule would speed up union elec- resolved, this bill would allow employ- contraction in 80 years, the Repub- tions, giving employers less oppor- ers to use litigation, frivolous or legiti- licans actually criticize the Recovery tunity to interfere illegally with orga- mate, to block elections. Act now for the fact that it didn’t do nizing drives. The rule also allows Finally, this bill would allow em- enough. That speaks less to the merits smaller groups of workers to form ployers to stuff the ballot box with a of the Recovery Act, I’d suggest, than unions. radical rewrite of our labor law so that it does about the magnitude of the Under the current NLRB system, em- the employer would decide which em- Great Recession. And it is extraor- ployers willing to break the law have ployees, which workers get to vote. dinary chutzpa from the other side to many opportunities to delay a union They can add employees who were just say ‘‘no’’ and now criticize the Re- election, stretching out the time period never engaged in the organizing drive, covery Act for being inadequate. when they can intimidate and coerce and they can keep the list of voters of The Great Recession was, in fact, the workers, all in violation of the law. the workers eligible to vote from those Nation’s worst economic collapse in 80 The effect of this rule is to help work- supporting a union until just before the years. What began in the subprime ers exercise their free choice to join election. housing market quickly spread American workers deserve the same and be represented by a union without throughout the financial industry, rights that we urge around the world illegal interference. threatening economic ruin. At its for workers, the right to form a union, Streamlining NLRB elections is a height, more than 700,000 Americans the right to speak with one voice and long overdue and small step to ensure were losing their jobs every single bargain with their employer so that workers the right to speak with one month. Millions more lost their homes our workers can win better wages and voice to a representative of their through foreclosures. The Great Reces- choosing. better benefits and rebuild the Amer- ican middle class. sion was already one of America’s But, Mr. Speaker, in the last week we worst before President Obama was ever have heard that Brian Hayes, the only f sworn into office, and during that eco- Republican member of the NLRB UNEMPLOYMENT REMAINS TOO nomic maelstrom our first act in the board, NLRB, is threatening to resign HIGH AND GLOBAL MARKETS 111th Congress was to pass the Recov- specifically to deny the board the SHOWING SIGNS OF INSTABILITY ery Act to help, on a party-line vote, quorum to act under the law, to deny The SPEAKER pro tempore. The I’m sad to say. the board the quorum to perform the Chair recognizes the gentleman from duties that the law places upon them. b 1040 Virginia (Mr. CONNOLLY) for 5 minutes. Republicans in this Congress have now Mr. CONNOLLY of Virginia. Mr. Many of my Republican colleagues tried to defund the NLRB to take away Speaker, the economy received an point to the continued weakness in the the NLRB’s ability to impose sanctions early holiday gift this past week when economy as an indication of the Recov- on employers who violate the law, and Black Friday and Cyber Monday shop- ery Act’s failure, rather than acknowl- now they are trying to shut the board ping figures outperformed expecta- edging that it is actually a function of down altogether by abusing the other tions. However, we still face significant the severity of the recession and failing body’s advice and consent powers to challenges. Unemployment remains too to acknowledge their own supine, Dar- block any new appointments to the high and global markets are showing winian response to it. They claim that, board and by having a Republican signs of instability, both of which are as the economic turmoil which began member resign specifically to deny the the lingering effects of the Great Re- in 2007 raged all around us, Americans necessary quorum to act. cession. Casting a grim shadow over all would have been better served had Con- Today, we are considering the so- of our actions is the fact that some gress simply done nothing and hoped called Workforce Democracy and Fair- Members of this body still persist in ig- for the best. Now, as the lingering ef- ness Act; and despite that Orwellian noring the public and letting ideology fects of the recession continue to hold name, the bill is designed to do the stand in the way of striking a reason- back a robust recovery, they continue exact opposite. It is intended to deny able balance to tame our national debt to defy reasonable bipartisan attempts workers the right to unionize without and grow the economy. to put people back to work and get our delay and litigation, to deny those Of note is the recent report released country moving again. rights through delay and litigation and by the nonpartisan Congressional The Recovery Act cut taxes for 95 by allowing employers to decide which Budget Office, showing that the Recov- percent of all Americans—both fami- employees, which workers get to vote ery Act we passed 2 years ago has been lies and small businesses. It kept thou- on whether there is a union or not to a significant success in an otherwise sands of teachers, police officers, and stuff the ballot box, under this bill, to gloomy economic picture. According to firefighters on the job. Recovery Act add new workers to the unit that will the CBO, the Recovery Act increased dollars funded highways and transit decide whether to have a union or not. GDP growth by up to 1.9 percent in the improvements in every State, putting Under the bill there would be a wait- third quarter of this year, a quarter in hundreds of thousands in the depressed ing period, if there is an election dis- which we had 2 percent growth. That’s construction industry back to work. pute, whether it’s well grounded or an extraordinary impact. There was a time when cutting taxes frivolous, a waiting period for Thanks to the Recovery Act, 2.4 mil- and investing in infrastructure was a preelection hearing, a waiting period lion people, according to the CBO, now bipartisan endeavor and had broad Re- for unions to receive the better contact have a job and the overall unemploy- publican support as well as Democratic list; and the only goal for that, for ment rate is 1.3 percent lower than it support. those waiting periods, is delay. The ar- otherwise would have been if we’d done But there’s still time for redemption. bitrary waiting periods ensure that nothing, as my friends on the other The President’s American Jobs Act election will be delayed, and nowhere side of the aisle wanted us to do. now provides another opportunity for

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The port for sorely needed infrastructure tack us. According to Admiral Mike Chair recognizes the gentleman from investments to repair America’s Mullen, the Pakistani Government sup- Connecticut (Mr. COURTNEY) for 5 min- bridges, roadways, and schools. In ported the groups who were behind the utes. Mr. COURTNEY. Mr. Speaker, it has short, it builds on the success of the September 11 truck bombing attack in now been 2 months since the Occupy Recovery Act we passed 2 years ago. eastern Afghanistan that wounded Wall Street movement spread all There are 2.4 million Americans with more than 70 U.S. and NATO troops. across this country; and despite at- jobs today because we took action 2 Based on this evidence, I have intro- tempts to marginalize it, parody it, years ago. With 14 million more wait- duced legislation to freeze all U.S.A. sometimes even suppress it, the fact is ing, we can’t afford now to do nothing. aid to Pakistan with the exception of that one message has come through We must act. funds that are designated to help se- loud and clear, particularly from young f cure their nuclear facilities. By send- ing aid to Pakistan, we are funding the Americans who have participated in THE BENEDICT ARNOLD ALLY enemy, endangering Americans, and this grassroots movement across the country, which is that the spiraling The SPEAKER pro tempore. The undermining our efforts in the whole cost of college is smothering oppor- Chair recognizes the gentleman from region. tunity for millions of young Americans Texas (Mr. POE) for 5 minutes. In the past week, relations between Mr. POE of Texas. Mr. Speaker, this American and Pakistani officials have all across America. Yesterday the Secretary of Edu- week Pakistani Prime Minister Gilani even further deteriorated. Saturday, cation, Arnie Duncan, presented a said that there will be no more ‘‘busi- NATO and Afghan forces near the bor- speech in Nevada which I think starkly ness as usual’’ with the United States. der of northwest Pakistan and Afghani- presents the challenge which we face as I couldn’t agree more. The United stan reportedly came under attack a Nation. Today, the average student States should not be doing business as from Pakistani fire and responded in loan debt for graduating students is usual with our unfaithful ally Paki- self-defense. Twenty-four Pakistani $25,000. That’s the average. There are, stan. Since 2002, we have given Paki- soldiers were killed. But Pakistan says again, millions of students who are stan over $14 billion in so-called secu- it was NATO who fired the first shot. graduating with six-figure debt. And in rity-related aid and over $6 billion in Of course we cannot believe what Paki- an economy like the one they’re facing economic-related aid. The American stan says. They will lie when the truth today, this is really an obstacle which people have not gotten their money’s is obvious. But the facts will eventu- will probably burden them for the rest worth. ally come out as to what really hap- of their lives. And as we are seeing in Pakistan seems to be the Benedict pened in this episode. polls, the cost of college is discour- Arnold nation in the list of countries Hatred for America is still at an all- aging many younger Americans, high that we call allies. They have proven to time high in Pakistan. This week on school-age Americans from even con- be deceptive, deceitful, and a danger to TV, Americans have seen Pakistanis sidering the possibility of pursuing a the United States. Here’s some of the burning American flags and cursing higher education degree. evidence. our Nation. And just today in Politico, First of all, let’s be very clear here. In May of this year, Navy SEALS dis- we have this lovely photograph of Pak- The value of higher education is still, covered Osama bin Laden living the istani women proclaiming ‘‘Down with despite some critics, indisputable. If high life in an Abbottabad mansion U.S.A.’’ you look at the unemployment rate right in the backyard of the Pakistani Pakistan leaders are continuing to today, 9 percent across the board in military community, but Pakistan vilify the United States on the one terms of our country, the fact of the claimed they had no knowledge of the hand and, on the other hand, take our matter is that those who have pursued world’s most-wanted terrorist that was money. Most importantly, crucial high school and above have much lower living right under their noses. This is NATO supply routes have been cut off rates of unemployment today than questionable at best. Mr. Speaker, that by Pakistan, stopping supplies from those who have been unable to reach dog just won’t hunt. getting to our troops in Afghanistan. those training levels and education lev- Since then, the more we learn about Monday, 300 trucks full of supplies els. Pakistan, the worse it gets. Shortly were turned away at the Pakistan-Af- Nationally, today the graduation after that raid, Pakistan also arrested ghanistan border. Pakistan has cut off rate of the U.S. has now fallen to 12th CIA informants in Pakistan that led the supply routes to our troops; now internationally. Back in the 1980s, the the United States to capture or take it’s time we cut off the money to Paki- College Board, which is the organiza- out Osama bin Laden. stan. tion which tracks graduation rates Pakistan has tried also to cheat the Pakistan has made it painfully obvi- across the globe, determined we were United States by filing bogus reim- ous that they will continue their policy number one in the world in terms of bursement claims for allegedly going of dangerous, dishonest deceit by pre- college graduation rates. Yet today, in after militants; 40 percent of these tending to be our ally in the war on 2011, we are 12th. If anybody thinks claims have been rejected by our gov- terror while simultaneously giving a that is a situation which bodes well for ernment. wink and a nod to extremism. By con- our ability to compete internationally There is more. Pakistan tipped off tinuing to provide aid to Pakistan, we going into the future, then, frankly, terrorists making IEDs, not once, but are funding the enemy, endangering they’re not paying attention in terms twice, in June 2011, after we gave them Americans, and undermining our ef- of where the high-value jobs of the fu- intel on the bomb-making factory loca- forts. ture are. They are, in fact, in hard tion and asked Pakistan to go after Seven in 10 Americans believe we sciences; they are, in fact, in areas of them. need to stop or decrease foreign aid to critical workforce needs which, as baby CIA Director Leon Panetta asserted Pakistan. After all, it is their money. boomers retire in growing numbers that Pakistan had not done enough to We should stop foreign aid to Pakistan across this country, we must have if we bring Osama bin Laden to justice, say- until we know whose side they’re on. are going to continue to be a great Na- ing there is ‘‘total mistrust’’ between We don’t need to pay them to hate us; tion.

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The When I was growing up—and it didn’t When I first came to Congress in 2007, Chair recognizes the gentleman from occur to me at the time, Mr. Speaker, a new Democratic majority moved Georgia (Mr. WOODALL) for 5 minutes. how meaningful it would be—but there swiftly to pass the College Cost Reduc- Mr. WOODALL. I’m happy to be down used be a cliche that when something tion Act, which was an effort to try to here this morning. I often come down was really hard, you’d say: It takes an boost the Pell Grant program, which is here with something on my mind, Mr. act of Congress to solve it. Have you the workhorse of higher education af- Speaker. Invariably, one of my col- heard that cliche, Mr. Speaker? It fordability, a program which basically leagues says something that inspires takes an act of Congress to solve that had been level-funded for 6 prior years me even more than what I had on my because the problem is so hard and it’s despite the fact that higher education mind when I came down. That’s the hard to pass something in Congress. costs had gone up 40 percent. We passed case this morning. It’s hard to get an act of Congress. And My colleague who was here right be- the College Cost Reduction Act which yet every time we make a mistake, Mr. fore me said the value of higher edu- infused new funding into the Pell Speaker, in the name of trying to do cation in terms of future earnings is Grant program. We cut the interest good, in the name of trying to have the undisputable. The value of higher edu- best idea, in the name of trying to tell rates for the Stafford student loan pro- cation, Mr. Speaker, in terms of future gram from 6.4 percent to 3.2 percent, everybody in America if only they’ll do earnings, is undisputable. And he then what we tell them to do they will be and we paid for every single penny of went on to talk about all the Federal those expenditures by cutting the bank happier, every time we make a mistake programs that provide money so that it literally takes an act of Congress to subsidies which were basically sucking people can seek higher education. Federal dollars away from families and fix it. Now my question is, Mr. Speaker: If Mr. Speaker, we’re not in charge of students who need that critical help. the value is undisputable, why do we Last year we passed the Student Aid providing happiness to America. We are have to pay people to do it? If the value in charge of preserving Americans’ and Fiscal Responsibility Act, again is undisputable, why do we have to pay freedoms so that they can find their with a Democratic majority, which people to do it? That’s what happens in own happiness. provides for a cap in terms of loan re- this Chamber too often, Mr. Speaker. Mr. Speaker, there are lots of coun- payments of 15 percent of your discre- I think back to 1787 and the passage tries on this planet that do not share tionary income and excuses loan repay- of the Constitution. The Constitution, the freedoms that we have. There is ments after 25 years under the Stafford as conservative as it is in terms of pre- only one country on this planet that student loan program. serving individual liberties, would not protects individual liberty and freedom b 1050 have passed, would not have been rati- as we do. When we talk about the di- fied, without the addition of the Bill of I was pleased that President Obama, rection of America, Mr. Speaker, we Rights. Our Founding Fathers were so have to decide are we going to protect again, just a month or so ago, acted to concerned about a Federal Government increase the benefit of that program by those things that have always made trying to do too much that the colonies this country great—individual liberty limiting the discretionary income pay- would not ratify the Constitution in ments to 10 percent of income and low- and individual freedom—or are we the absence of the Bill of Rights—the going to go the way of the rest of the ering the forgiveness date to 20 years, Bill of Rights, which sole purpose is to from 25 years. This is an administra- world, which is looking to a central protect individual liberties. government that thinks it has all the tion which gets it. This is an adminis- Mr. Speaker, as I look around at tration that understands middle class right answers. what makes America great, it’s never Mr. Speaker, they had it right in the families with children who want to im- something that comes out of this summer of 1787. I hope we get it right prove themselves and compete in their United States House of Representa- here in this Congress. futures need that kind of assistance. tives. It’s something that comes out of f What did this Republican Congress a family next door back home. It’s do? We had a Ryan budget last April something that comes out of a commu- IMPLEMENTING SMART SECURITY which gutted and butchered the Pell nity back home. It’s something that TO REPAIR A U.S.-PAKISTAN RE- Grant program and would take us back comes out of individual liberty and LATIONSHIP IN CRISIS to 2008 levels. So, for example, in Con- freedom back home. And my job as the The SPEAKER pro tempore. The necticut, where I come from, the Uni- representative of 900,000 folks in the Chair recognizes the gentlewoman from versity of Connecticut would have seen great State of Georgia is to protect California (Ms. WOOLSEY) for 5 min- its Pell Grant revenue from 2008, which their liberties from the natural incli- utes. was about $8 million going into the nation that exists in this body to think Ms. WOOLSEY. Mr. Speaker, over University of Connecticut, it would they have all the right answers. the weekend, NATO airstrikes killed at have been cut from where it is today, We talk about higher education Mr. least 24 Pakistani soldiers in a tragic which is $12 million of annual Pell Speaker. In the great State of Georgia, ‘‘friendly fire’’ incident that has once Grant revenue—a $4 million cut to the we have what’s called the HOPE Schol- again elevated tensions between the University of Connecticut. And the arship program. It’s funded by lottery U.S. and Pakistan. Regardless of who grant level for students, the maximum money. I would have voted against the was at fault—whether our forces were award, would have been cut from $4,500 lottery, but the lottery won anyway, acting in self-defense or had legitimate a year down to roughly about $3,000 a and now it funds higher education for reason to believe they were firing on year. That is closing the doors of op- all Georgians. It’s a huge job creation insurgents—the Pakistan Government portunity to millions of Americans. tool. Folks want to come and relocate is furious and the bilateral relationship That’s what the Ryan budget values their business to Georgia because they is facing a grave crisis. and that’s what its vision was at a time know kids with an accomplished high Pakistan has said they are cutting when, again, our country is in crisis in school record are going to be able to go off supply routes into Afghanistan. terms of needing skilled, qualified to college for free. They have said they will no longer par- workers to deal with the future chal- That’s a State initiative, Mr. Speak- ticipate in a critically important inter- lenge. er. We’re not going to pass a national national conference in Germany next

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And, today, I also want to spread of sexually transmitted dis- shouting, ‘‘Whoever is a friend of draw particular attention to the im- America is a traitor of the land.’’ pact of poverty on our national fight to eases. And we must grow past old fears Clearly, Mr. Speaker, instead of win- stop HIV and AIDS. and engage all community stake- ning the hearts and minds, we are giv- Mr. Speaker, December 1 is World holders to truly end the stigma sur- ing terrorists a recruitment tool. AIDS Day, and this year marks 30 rounding the testing and treatment of Pakistan has not always been the years after the first discovery of AIDS this disease. We must repeal laws that most reliable partner, but they are an cases. The United States and the HIV/ legalize and promote discrimination ally—and let’s not forget, a nuclear AIDS community globally have made and hate. We must support and expand power—with whom we share important tremendous progress in our collective programs which provide critical sup- mutual interests. We need their co- response to this domestic and global port for people living with HIV and operation if there is going to be polit- crisis. We have reduced the stigma sur- AIDS and immediately—mind you, im- ical reconciliation and long-term sta- rounding the disease and strengthened bility in neighboring Afghanistan. This education and outreach activities mediately—extend treatment to the incident leads me to believe more which continue to prevent millions of thousands of Americans on the waiting strongly than ever that we must rede- new cases of HIV worldwide. The sci- list for life-saving drugs. ploy our troops out of Afghanistan. We entific community has improved the And of course we must fully imple- have very difficult diplomatic work to treatment of HIV and AIDS with anti- ment the national HIV/AIDS strategy do there—work that is being com- retrovirals and combination therapies, plicated, not facilitated, by our mili- and support Medicaid expansion under and recent breakthroughs have revolu- the Affordable Care Act. These policies tary presence. tionized the way we think about AIDS. are the critical next steps in our fight After more than 10 years of failed We have come a long way in our bat- war that is undermining our security tle against AIDS. Contracting HIV no to stop this terrible disease. And we interests, it’s time to change our role longer has to be a death sentence. But must protect the fraction of one per- in the region from one of military oc- we have much more work to do. Not ev- cent the Federal budget directed to our cupier to one of constructive partner. eryone who is HIV positive has access global AIDS programs through Pakistan and Afghanistan are the first to these life-saving therapies. For the PEPFAR and the Global Fund. places we could be implementing the one in three Americans who are poor or SMART security strategy I’ve talked U.S. efforts are dramatically reduc- near poor, HIV can still be the same ing the burden of HIV and AIDS in de- about so many times from this very death sentence that it was during the veloping countries, and failing to sup- spot. Reagan Presidency. Today, nearly one While it’s true that we send enor- in five Americans with HIV do not even port these programs would have dra- mous amounts of foreign aid to Paki- know their status, and only about half matic national security and diplomatic stan, the overwhelming majority of it of Americans who do know their status implications for the United States—not goes to the military, with very little are receiving the treatment that they to mention the humanitarian disaster trickling down to the people. We could need. that would occur. That is why last instead spend more to boost Pakistan’s For the 100 million Americans either week I was very proud to be joined by literacy rate, or more investment in in poverty or living on the edge of pov- over 100 Members of Congress in seek- key infrastructure projects, the growth erty, much more must be done. Access of civil society, or life-changing hu- ing appropriations of at least $5.25 bil- to the drug cocktails, high-quality lion for the PEPFAR program and $1.5 manitarian efforts. health care, housing, and healthy foods billion for the Global Fund to Fight b 1100 that are all critical for people living AIDS, Tuberculosis and Malaria. And I To give one specific example, Paki- with HIV are out of reach for far too will enter this letter into the RECORD. stan is one of four countries on Earth— many. and Afghanistan is one of the others— Mr. Speaker, 30 years later, we con- Finally, Mr. Speaker, I was proud to that hasn’t completely eradicated tinue to shortchange HIV efforts in have played a role in overturning the polio. For pennies on the dollar, com- poverty-stricken communities; we fail unjust and ineffective HIV travel ban pared to our military expenditures, we to fully include women in outreach in 2008. And, now, for the very first can help provide the vaccination that education and treatment; and we lack time in 20 years, the International the resources for communities of color. would eliminate this dire public threat. AIDS Conference will be held in Wash- This is just simply unconscionable. Perhaps then we’ll be able to change ington, D.C. in July of 2012. the fact that only 11 percent of Paki- Women of color and young gay and stanis have a favorable view of the bisexual men still receive the most se- So let me encourage every Member United States. Perhaps instead of de- vere burden of HIV in the United and their staff to engage with the lead- stabilizing influences of 100,000 troops States. African Americans represent ing researchers and doctors in the on the ground, we can build a stronger approximately 14 percent of the United worldwide fight against HIV and AIDS. relationship based on mutual trust, one States population, but accounted for Our global leadership will never be an estimated 44 percent of new infec- that promotes peace and empowers the more important than at this promising tions in 2009. And we know the numbers Pakistani people with a humanitarian moment of reversal, when we could are on the rise in Latino communities surge instead of a military surge. move forward or we could go back- Mr. Speaker, it’s time for SMART and Asian Pacific American commu- wards. So I hope every Member will Security, and it starts with bringing nities as well. These disproportionate our troops home. rates of infection are not something join our bipartisan 60-plus members of the HIV/AIDS Caucus. f that have happened in isolation. People of color continue to face higher rates of POVERTY AND HIV/AIDS unemployment, incarceration, poverty The SPEAKER pro tempore. The and near poverty than their white Chair recognizes the gentlewoman from counterparts. We can and we must do California (Ms. LEE) for 5 minutes. much better than this.

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CONGRESS OF THE UNITED STATES, tion—is critical for ensuring that the health Member of Congress; Rube´n Hinojosa, Washington, DC, November 21, 2011. needs of individuals are met and the impact Member of Congress; James Moran, Hon. KAY GRANGER, of funding is maximized. Member of Congress; Gary Ackerman, Chairman, Appropriations Subcommittee on In recent months, U.S.-funded research has Member of Congress; Andre´ Carson, State/Foreign Operations, Washington, DC. made enormous progress in shaping the re- Member of Congress; Bennie Thomp- Hon. NITA LOWEY, sponse to AIDS and malaria worldwide. son, Member of Congress; Hank John- Ranking Member, Appropriations Subcommittee These remarkable scientific advances call for son, Member of Congress; Al Green, on State/Foreign Operations, Washington, a renewed emphasis on ensuring that we Member of Congress; Judy Chu, Mem- DC. maintain robust support for PEPFAR and ber of Congress; Bob Filner, Member of Hon. PATRICK LEAHY, the Global Fund and continue the vital U.S. Congress; Jared Polis, Member of Con- Chairman, Appropriations Subcommittee on commitment to the fight against global HIV/ gress; Corrine Brown, Member of Con- State/Foreign Operations, Washington, DC. AIDS, TB and malaria. gress; Chaka Fattah, Member of Con- Hon. LINDSEY GRAHAM These programs amount to a fraction of gress; Albio Sires, Member of Congress; Ranking Member, Appropriations Subcommittee one percent of the federal budget, but they Joseph Crowley, Member of Congress; on State/Foreign Operations, Washington, affect the lives of tens of millions, guard Ed Pastor, Member of Congress; Zoe DC. against future conflicts, open up developing Lofgren, Member of Congress; Michael DEAR CHAIRMEN LEAHY AND GRANGER, AND markets, and will have lasting impact on the Capuano, Member of Congress; Louise RANKING MEMBERS GRAHAM AND LOWEY: As global AIDS epidemic in the long term. Slaughter, Member of Congress; Chris you begin negotiations on a final Fiscal Year Thank you for considering this request. Van Hollen, Member of Congress; Shel- 2012 Department of State, Foreign Oper- Barbara Lee, Member of Congress; Wm. ley Berkley, Member of Congress; How- ations, and Related Programs Appropria- Lacy Clay, Member of Congress; Bobby ard Berman, Member of Congress; Jose´ tions bill, we write to respectfully request Rush, Member of Congress; Maurice Serrano, Member of Congress; Rosa that you secure funding for bilateral and Hinchey, Member of Congress; Donna DeLauro, Member of Congress; Lois multilateral HIV/AIDS programs at the lev- Christensen, Member of Congress; Don- Capps, Member of Congress; Luis els proposed in S.1601, Department of State, ald Payne, Member of Congress; John Gutierrez, Member of Congress; David Foreign Operations, and Related Programs Lewis, Member of Congress; Keith Elli- Cicilline, Member of Congress; James Appropriations Act, 2012. son, Member of Congress; Emanuel McGovern, Member of Congress; We urge support for $7.9 billion for global Cleaver, Member of Congress; Daniel Jerrold Nadler, Member of Congress; health programs contained in the Senate Kildee, Member of Congress; Sheila David Price, Member of Congress; mark. More specifically, we urge you to sup- Jackson Lee, Member of Congress; Pete Sander Levin, Member of Congress; port, at the very least, $5.25 billion for the Stark, Member of Congress; Tammy Madeleine Bordallo, Member of Con- U.S. President’s Emergency Plan for AIDS Baldwin, Member of Congress; John gress; Rush Holt, Member of Congress; Relief (PEPFAR) and $750 million for the Conyers, Jr., Member of Congress; John Gregory Meeks, Member of Congress; Global Fund to Fight AIDS, Tuberculosis Sarbanes, Member of Congress; Mike John Olver, Member of Congress; Elijah and Malaria, as explicitly allocated in S. Quigley, Member of Congress; Eleanor Cummings, Member of Congress; Earl 1601. In total, we support $1.05 billion for the Holmes Norton, Member of Congress; Blumenauer, Member of Congress; Global Fund (of which $300 million is con- Gwen Moore, Member of Congress; George Miller, Member of Congress. tained in the Senate Labor, Health and Karen Bass, Member of Congress; Fred- f Human Services appropriations bill). More- erica Wilson, Member of Congress; over, we are strongly opposed to language Diana DeGette, Member of Congress; RECESS contained in the House Subcommittee Mark Yvette Clarke, Member of Congress; The SPEAKER pro tempore. Pursu- prohibiting funding for syringe exchange Edolphus Towns, Member of Congress; ant to clause 12(a) of rule I, the Chair programs, which are proven to reduce the in- Lynn Woolsey, Member of Congress; cidence of HIV infection. Bruce Braley, Member of Congress; declares the House in recess until noon U.S. global health programs including Ra´ ul Grijalva, Member of Congress; today. PEPFAR, along with U.S. contributions to Barney Frank, Member of Congress; Accordingly (at 11 o’clock and 5 min- the Global Fund, are reducing disease burden Donna Edwards, Member of Congress; utes a.m.), the House stood in recess in low- and middle-income countries, and Lucille Roybal-Allard, Member of Con- until noon. these programs have important national se- gress; Janice Schakowsky, Member of f curity and diplomatic elements for the Congress; Theodore Deutch, Member of United States. Global health programs di- Congress; Alcee Hastings, Member of b 1200 rectly impact American security interests by Congress; Terri Sewell, Member of Con- AFTER RECESS stabilizing parts of the world where extre- gress; Jim McDermott, Member of Con- mism and a lack of alternatives are a recipe gress; Tim Ryan, Member of Congress; The recess having expired, the House for future conflict. The economic impact of Grace Napolitano, Member of Congress; was called to order by the Speaker at global health activities is also felt in the Russ Carnahan, Member of Congress; noon. U.S., providing thousands of jobs to help Marcia Fudge, Member of Congress; f plan and implement global health program- Colleen Hanabusa, Member of Congress; ming and to conduct health-related research Hansen Clarke, Member of Congress; PRAYER at colleges and universities. Sanford Bishop, Member of Congress; Reverend Jay Therrell, Cape Coral Thanks to the help of the United States, Ed Perlmutter, Member of Congress; the Global Fund has grown into a proven, Charles Rangel, Member of Congress; First United Methodist Church, Cape country-driven, performance-based mecha- Robert Brady, Member of Congress; Coral, Florida, offered the following nism which ensures that countries them- G.K. Butterfield, Member of Congress; prayer: selves are responsible for building their own Eliot Engel, Member of Congress; Eddie Heavenly Father, Your word says sustainable programs. The Global Fund has a Bernice Johnson, Member of Congress; that ‘‘from everyone who has been robust history of improving its function and Henry Waxman, Member of Congress; given much, much will be demanded.’’ continues to do so through its recent an- Danny Davis, Member of Congress; Today, we offer our gratitude for the nouncement of an improvements agenda to Mike Honda, Member of Congress; Sam blessings of freedom You have given further ensure every dollar is utilized effec- Farr, Member of Congress; David Scott, our Nation. You have blessed us with tively, remains accountable, and is trans- Member of Congress; Joe Baca, Member parent in operation. of Congress; Betty Sutton, Member of much. Acknowledging our blessings, we We also welcome PEPFAR’s leadership on Congress; John Garamendi, Member of pray that You would continue to re- advancing combination HIV prevention ap- Congress; Melvin Watt, Member of Con- mind us that America has been blessed proaches and urge the conferees to ensure gress; Dennis Kucinich, Member of to be a blessing to others. that these interventions are implemented to Congress; Maxine Waters, Member of Grant the Members of this House of their fullest and meet the needs of those Congress; Cedric Richmond, Member of Representatives Your wisdom and most at-risk, especially marginalized popu- Congress; Jackie Speier, Member of grace to provide leadership at home lations. Moreover, integration of HIV/AIDS Congress; Doris Matsui, Member of and around the world. Help our country prevention, care and treatment programs— Congress; Carolyn Maloney, Member of and, where appropriate, other critical global Congress; Bobby Scott, Member of Con- to continue to be a light to everyone health programs funded by this bill, includ- gress; Steve Cohen, Member of Con- by pointing all people to true freedom ing maternal health, child survival, family gress; Laura Richardson, Member of and justice that can only come from planning/reproductive health, and nutri- Congress; Debbie Wasserman Schultz, You.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18424 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 As we enter this season of hope, WORKFORCE DEMOCRACY AND SUBMITTING TEMPORARY GUEST please bless this Congress and all of our FAIRNESS ACT WORKER APPLICATIONS ONLINE leaders with Your guidance to make (Mr. HIGGINS asked and was given (Ms. HOCHUL asked and was given decisions filled with Your love. God, permission to address the House for 1 permission to address the House for 1 please continue to bless America, but minute.) minute.) please help America to bless You. Mr. HIGGINS. Madam Speaker, I rise Ms. HOCHUL. Madam Speaker, last We ask these things in the name of in opposition to legislation that will week, like millions of Americans Your Son, Jesus. hinder the rights of American workers. across this country, my family and I Amen. There are several junctures in the gave thanks for our blessings, our Na- f union certification process in which an tion’s freedom, and for the food on our table—provided by the hardworking THE JOURNAL election can be delayed through unnec- essary litigation. In June the National farmers of our country and from my The SPEAKER. The Chair has exam- Labor Relations Board announced re- district. Now I ask my colleagues to ined the Journal of the last day’s pro- forms to reduce litigation and stream- join me in giving thanks for our farm- ceedings and announces to the House line the process so that elections are ers who make this great harvest pos- his approval thereof. held in a fair and timely manner. sible. Pursuant to clause 1, rule I, the Jour- The legislation before us will block America’s farms are the best in the nal stands approved. those reforms and introduce even more world. Our food is safer, higher in qual- f opportunity to delay elections indefi- ity, and more efficiently grown than that of any other country. The labor PLEDGE OF ALLEGIANCE nitely. I don’t believe most employers try to delay elections. In fact, I often and innovation of America’s farmers puts food on the tables of not just fam- The SPEAKER. Will the gentleman cite our history of cooperative labor re- ilies here at home, but for hungry peo- from Illinois (Mr. HULTGREN) come for- lations as one of western New York’s ward and lead the House in the Pledge ple across the world. strengths. But the record shows that As our farmers bring their goods to of Allegiance. some will use every loophole to prevent Mr. HULTGREN led the Pledge of Al- market in the 21st century economy, workers from voting on whether to bar- they expect to have a 21st century gov- legiance as follows: gain collectively. The National Labor I pledge allegiance to the Flag of the ernment that will help, not hinder, Relations Board rules will close those their business. That’s why I call on the United States of America, and to the Repub- loopholes and prevent elections from lic for which it stands, one nation under God, Secretary of Labor to allow farmers to indivisible, with liberty and justice for all. proceeding. We should allow these re- submit their H–2A applications for forms to stand and focus instead on f temporary guest workers online. legislation to create jobs and get our New York farmers are increasingly ANNOUNCEMENT BY THE SPEAKER economy moving in the right direction. relying on this program for the legal The SPEAKER. The Chair will enter- labor they need to plant and harvest tain up to 15 requests for 1-minute f their crops. This summer, I was abso- speeches on each side of the aisle. lutely shocked to learn that one of my GABE ZIMMERMAN RESOLUTION f onion farms in Genesee County had to (Mr. BOEHNER asked and was given mail almost 20 pounds of paperwork to WORKFORCE DEMOCRACY AND permission to address the House for 1 the Federal Government in order to FAIRNESS ACT minute.) participate in this program. There (Mr. WILSON of South Carolina Mr. BOEHNER. Madam Speaker, an must be a better way. asked and was given permission to ad- attack on one who serves is an attack An online application program would dress the House for 1 minute and to re- on all who serve. save money for our farmers and our vise and extend his remarks.) I don’t think I fully understood the taxpayers, and I urge the Secretary of Mr. WILSON of South Carolina. Mr. meaning of those words until last Jan- Labor to swiftly implement this pro- Speaker, in June the National Labor uary’s senseless assault on our fellow gram. Relations Board, NLRB, proposed a citizens and our most fundamental re- f new rule that accelerates the election sponsibilities. This House responded in TIME FOR THE SENATE TO ACT process for unionization. Union work- prayer and solidarity, reminding the (Mr. HULTGREN asked and was ers would be forced into memberships world that no act of violence could si- given permission to address the House without having a reasonable time for lence the sacred dialogue of democ- for 1 minute.) managers to fully explain the advan- racy. Mr. HULTGREN. Madam Speaker, re- tages and disadvantages of member- It is in that same spirit that later cently a constituent of mine wrote to ship. today we will gather here to honor me and asked: What is going on in This afternoon, under the leadership Gabe Zimmerman, the first congres- Washington? of Education and Workforce Chairman sional staffer to give his life in the line It’s a good question. JOHN KLINE, Congress will vote on the of duty and, God willing, the last. She said that her husband, a small Workforce Democracy and Fairness Like every Member of this body, he business owner, is taxed so hard that Act, legislation that limits the NLRB’s took an oath to uphold and defend our money is tight and, as a result, they ability to deny employers and workers Constitution. He died while well and cannot grow their business. And she the right to a free election, a right faithfully discharging his duties. I said: If we cannot grow, we cannot cre- granted to every American by the laws think it is fitting and appropriate to ate new jobs. I want to know what you of our country. honor Gabe Zimmerman with a perma- are doing for job growth? It is time for the President’s Na- nent memorial in the United States Again, a good question. tional Labor Relations Board to stop Capitol. The answer is simple. We need pro- focusing on policies that trample over I extend the thanks of the whole growth, pro-jobs policies. The House the rights of American workers. I en- House to Gabe’s family for their par- has passed more than 20 bills that do courage my colleagues to vote in favor ticipation in this project. just that through low taxes, reasonable of the bill today and reaffirm the pro- Let us honor Gabe’s memory by fol- regulation, less spending, and a small- tections workers and job creators have lowing his example of service to this er, less intrusive Federal Government. received for decades. institution, which remains the direct These are commonsense bills. Most of In conclusion, God bless our troops, voice of the American people and their them passed with bipartisan support. and we will never forget September the will. So later today, I would ask the Where are these bills now? Languishing 11th in the global war on terrorism. House to support the resolution. in the do-nothing Senate.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18425 To my constituent, to many others own homes. Otherwise, we will have to ily, a strong relationship with his who share her concern, my simple re- turn out the lights. The party is over— neighbors and community. The thing sponse is: We in the House have acted; even for Thomas Edison’s lightbulb. he loved to do the most was to hand now it’s time for the Senate to do the And that’s just the way it is. out ‘‘Purple Cow’’ cards—free ice same. f cream cards to kids in his stores. That f will be remembered by my family as TAXES well. WORLD AIDS DAY (Mr. BACA asked and was given per- Again, I rise to pay tribute to him, (Mr. HIMES asked and was given per- mission to address the House for 1 his family, and the innovation and en- mission to address the House for 1 minute.) trepreneurial legacy he leaves behind. minute.) Mr. BACA. Madam Speaker, with the Mr. Meijer, you will be missed but Mr. HIMES. Madam Speaker, 25 mil- unemployment in the Inland Empire you will not be forgotten. lion people dead around the world, 14 above 13 percent and home foreclosures f million orphaned children on the con- at a record level, families in my con- FEDERAL EMERGENCY UNEM- tinent of Africa alone. This is part of gressional district are hurting. And PLOYMENT INSURANCE SYSTEM the toll that the human race has borne now, if Congress does not act soon, these struggling families will face a (Mr. CICILLINE asked and was given since the terrible scourge of HIV/AIDS permission to address the House for 1 began its deadly work a generation $1,000 tax increase. And why are our families facing this deadline? Because minute.) ago. Tomorrow, December 1, is World Mr. CICILLINE. Madam Speaker, at the Republicans refuse to ask those AIDS Day. a time when so many Rhode Islanders making more than a million dollars a I rise today to commemorate the mil- and so many Americans are out of year to contribute their fair share. lions of brothers, sisters, friends, and work, we need to do everything we can The Republican obsession with ex- children that we’ve lost to this disease. to provide assistance to families while tending the Bush tax for the ultra rich I rise to commemorate the struggle of individuals continue to look for work. has led to the failure of the supercom- the 33 million people around the world The Federal Emergency Unemploy- mittee. We all know the Bush tax cuts who are living with this terrible dis- ment Insurance system is a critical were a horrible failure. They didn’t ease today. And I rise to celebrate the part of our safety net that supports produce jobs here in the United States. new and real possibility that we could families during difficult economic They didn’t create any new jobs. They end AIDS in this generation. times. Madam Speaker, this government dug us into a $15 trillion debt. And now Many constituents have contacted funded the PEPFAR fight which the Republicans want to permanently my office explaining the impact on brought hope and health to millions of extend this madness. their families of not extending unem- people around the world, and we have It can’t just be my way or the high- ployment benefits, like Estella funded the research that allows us to way. Let’s stop this gridlock. Let’s Londono in the town of North Provi- say today that we could end AIDS. pass a jobs bill. Let’s work together on dence. Estella is a single mother who Madam Speaker, as we do the hard a balanced budget. was laid off from work and now relies work of balancing our budget and gov- f on unemployment benefits to support erning this country, let’s do what we IN MEMORY OF FREDERIK MEIJER herself and her son. She’s looking for need to do to end this disease and make work and is currently participating in sure that future World AIDS Days are (Mr. HUIZENGA of Michigan asked a job training program to improve her all about celebration. and was given permission to address skills and to enhance her ability to the House for 1 minute and to revise f find a job. Without unemployment ben- and extend his remarks.) efits, she would not be able to support b 1210 Mr. HUIZENGA of Michigan. I rise her household and pay her bills. today with a twinge of sadness in my If the Emergency Federal Unemploy- TURN OUT THE LIGHTS FOR heart as I pay tribute to Frederik THOMAS EDISON ment Compensation program is not ex- Meijer, a friend to the entire west tended at the end of this year, it will (Mr. POE of Texas asked and was Michigan community and one of Amer- be devastating to Estella and to thou- given permission to address the House ica’s most entrepreneurial spirits, who sands of Rhode Islanders who rely on for 1 minute.) passed away this week just shy of his this program. These Americans who Mr. POE of Texas. Madam Speaker, 92nd birthday. have worked hard throughout their in 1 month, every home in America Fred was born in Greenville, Michi- lives should not be sacrificed on the must be lit with the special $3, CFL gan, in 1919, and was known as the ‘‘fa- altar of partisan politics. Congress government-approved lightbulb. The ther of the super store.’’ His innovation must stop playing Washington-style 75-cent incandescent lightbulb, Thomas and entrepreneurship will live on in his political games with the fate of these Edison’s greatest invention, is going to Meijer grocery stores, with over 200 families and act now to provide secu- be banned by the Federal Government. stores in five different States. Mr. rity to unemployed workers and their The Federal Government’s anti-con- Meijer will be remembered in west families while they look for jobs. sumer choice law leaves Americans no Michigan for his philanthropy, his f other option but to purchase and use a friendship, and care of the community harmful mercury-filled product. he lived in and its residents. He and his INDIANA’S WAIVER REQUEST Also, this new ban is an American job wife, Lena, gave back and invested mil- DENIAL killer. The government’s new ban lions in west Michigan, and created (Mr. STUTZMAN asked and was ended a manufacturing industry that what would become one of the State’s given permission to address the House went back to the days of Thomas Edi- top attractions, the Frederik Meijer for 1 minute and to revise and extend son and instead shipped most of those Gardens and Sculpture Park. his remarks.) jobs overseas, primarily to China. Isn’t Despite growing one of the most suc- Mr. STUTZMAN. I rise today to ex- that lovely. Where does the Federal cessful businesses in the country and press my extreme disappointment with Government have the constitutional revolutionizing the retail model, Mr. the recent HHS decision to deny Indi- authority to force anybody to buy any- Meijer remained a typical west Michi- ana’s sensible waiver request that thing, from health care insurance to a gan down-to-earth person who once re- would have allowed our State to ease box of doughnuts or even a lightbulb? marked, ‘‘Money is only a tool’’ and into the new rule that requires insurers It’s time for the bureaucrats to quit ‘‘Money doesn’t buy happiness.’’ He selling policies to individuals to dedi- forcibly micromanaging America. Let truly knew what was important and cate 80 percent of premiums they col- Americans choose how to light their kept that in the forefront: friends, fam- lect to medical care. This decision was

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18426 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 made on the basis that insurers doing Caregiving is not easy. The care- isn’t just a part of our past; it’s a cur- business in Indiana were deemed ‘‘prof- givers themselves face physical and rent event. itable enough.’’ CMS claimed that no mental health complications. Some are Southern States used tactics such as provider would be forced to leave be- working with almost unbelievable en- literacy tests and poll taxes to deny cause of the denial of such a waiver. durance. Some of these caregivers are African Americans, Native Americans, However, it was the very specter of un- part of the ‘‘sandwich’’ generation, pro- and poor immigrants their right to certainty surrounding the President’s viding care for their children as well as vote. While civil rights achievements health care law that resulted in five their parents. There are economic costs in the 1960s did away with these tac- providers leaving the Indiana market as well. U.S. employers estimate the tics, the strategy continues. The old this summer. Invariably, the departure cost to be about $34 billion a year in ways have been replaced with voter ID of providers from our State and the de- lost productivity. laws, outrageous registration require- nial of this waiver will limit competi- I look forward to working with my ments, dishonest inactive voter lists, tion and push prices higher. colleagues here in Congress to provide unfair purging of voter rolls, Let this serve as a warning to other caregivers with the help they need— disinformation campaigns, and unlaw- States. Creative and consumer-driven respite care, a reauthorized Older ful disenfranchisement of ex-offenders. solutions to meet our citizens’ medical Americans Act, tax credits. Just be- Madam Speaker, when anyone’s right needs will be disproportionately cause the CLASS Act will not be imple- to vote is threatened, we’re all threat- harmed under the President’s denial of mented does not mean the need to pro- ened. We need to stop these blatant at- these waivers. vide care will go away. We have work tempts to deny American citizens the f to do. right to vote. MIDDLE CLASS TAX CUT ACT OF f f 2011 b 1220 WORKING ON BEHALF OF AMERICA (Ms. BERKLEY asked and was given PAYROLL TAX CUT (Mr. RANGEL asked and was given permission to address the House for 1 permission to address the House for 1 minute and to revise and extend her re- (Mrs. CAPPS asked and was given minute and to revise and extend his re- marks.) permission to address the House for 1 marks.) Ms. BERKLEY. Madam Speaker, Ne- minute and to revise and extend her re- Mr. RANGEL. At a time that govern- vada’s middle-income families have marks.) ment is held in such low esteem, it’s borne the brunt of the economic catas- Mrs. CAPPS. Madam Speaker, I rise time that we all really say to each trophe that has devastated our State. to urge you to bring legislation today other that we all love America and we We need to create jobs and get our to extend and expand the payroll tax respect America. And all over the economy moving again. What we don’t cut to the floor today. world people are just trying to get need is a middle class tax hike. But If Congress fails to extend the payroll here. that’s exactly what some of our col- tax cut, the average American family Recently, we talked about In God We leagues in the United States Senate are will pay $1,000 more in taxes next year. Trust, and the question is whether God proposing as they consider whether to Countless families in my district are is going to continue to trust us. Be- extend and expand the payroll tax cut still struggling to stay afloat; they cause the fact is that one of the things this week. can’t afford to lose $1,000 in income that makes our country different is This should be a no-brainer. Opposi- next year. that people don’t come here to become tion to the Middle Class Tax Cut Act of Extending and expanding the payroll rich. They come here to be respected. 2011 is a vote to raise taxes on middle- tax cut is not just the right thing to do And that is what we have learned, no income families in Nevada and across for families on the central coast of matter whether it’s Jew or gentile or the country. This would be devastating California; it’s the right thing to do for Mormon, every religion emphasizes the for a State like Nevada. The Middle our economy. fact that we have a moral obligation to Class Tax Cut Act would cut taxes for Leading nonpartisan economists esti- take care of those people that are vul- 1.2 million Nevadans and 50,000 small mate that letting the payroll tax ex- nerable, whether it’s our kids, our old businesses across the State. What does pire could cost the economy 400,000 jobs folks, or sick people. that mean? It means the average Ne- by the end of next year. Such tremen- We don’t talk that way in the House. vadan keeps $1,600 in their pocket. It dous job loss would be devastating to We talk about Medicare, education, means that a $1,000 tax hike on Nevada our struggling economy and to Amer- Medicaid and Social Security. But all families is prevented. And it means ican families. of those things, including the oppor- that Nevada small businesses have Extending the payroll tax cut should tunity to have a job, make America more money to create jobs. But instead have bipartisan support. With all the what it’s supposed to be. It’s the hope of wholesale support for this common- anti-tax pledges taken by our col- for the future that our kids will have a sense measure, we’re getting excuses leagues across the aisle, you’d think better opportunity than we did. and roadblocks. this would be a no-brainer. More than Let’s say God bless America, and It’s time for action. Let’s pass this half of the Republican Conference al- let’s work and make certain that we do bill. ready voted for the payroll tax cut last all that we can do. December. f f Madam Speaker, let’s extend the pay- NATIONAL FAMILY CAREGIVERS roll tax cut now. It’s a win for the mid- LET’S NOT FORGET MONTH dle class, it’s a win for small busi- (Ms. HANABUSA asked and was (Mr. HOLT asked and was given per- nesses, and it’s a win for our economy. given permission to address the House mission to address the House for 1 f for 1 minute.) minute.) Ms. HANABUSA. Madam Speaker, Mr. HOLT. Madam Speaker, as the VOTER SUPPRESSION let’s not forget. We talk about the President has designated this month as (Mr. CLAY asked and was given per- Great Depression and how close we’ve National Family Caregivers Month, I mission to address the House for 1 come to it. Let’s recognize and realize rise to give honor and to recognize the minute.) what we as a country did then. We tens of millions of Americans and the Mr. CLAY. Madam Speaker, the at- passed the Social Security Act of 1935. million New Jerseyans who provide tempt to intimidate, discourage, or And let’s also not forget that part of loving care for family members and otherwise prevent certain people from that is the protection of not only our friends living with disabilities and ill- voting has a long and notorious his- seniors, but also of those who are un- nesses. tory. Unfortunately, voter suppression employed through no fault of their

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18427 own. That is what we’re looking at. Congress does not act by the end of intrinsic element of American democracy Madam Speaker, we must recognize this year, 2.2 million unemployed and representative government; that it is time to extend the unemploy- workers, including my constituents, Whereas at approximately 10:10 a.m. on ment insurance, or we’re going to cost will lose their unemployment insur- January 8, 2011, a gunman attempted the as- sassination of Congresswoman Gabrielle Gif- our economy $30 billion, and we’re ance benefits by February 2012. fords, opening fire at her ‘‘Congress on your going to also affect 1 million people. When times could not get any tough- Corner’’ event in front of a Safeway super- Madam Speaker, let’s also recognize er, Republicans also refuse to extend market in Tucson, Arizona, killing 6 and what makes us a great country. It is the payroll tax cut holiday enacted wounding 13, including Congresswoman Gif- not our military might. What makes us earlier this year that gave virtually all fords; a great country is compassion; it is the working Americans a much needed tax Whereas Christina-Taylor Green, Dorothy fact that we have defined ourselves by cut. Failing to extend the payroll tax Morris, John Roll, Phyllis Schneck, Dorwan how we treat our people. Let’s never cut will strip over $120 billion from the Stoddard, and Gabriel Zimmerman lost their lives in the attack; forget that. pockets of consumers. We must act now and extend the unemployment in- Whereas Gabriel Zimmerman began his It is time to be compassionate, Congressional career in January 2007 as Con- Madam Speaker. It is time for us to ex- surance and payroll tax cuts. stituent Services Supervisor for then newly tend the unemployment insurance. f elected Congresswoman Giffords, a role in f b 1230 which he supervised a robust constituent services operation and worked directly with EXTEND PAYROLL TAX CUT EXPIRATION OF UNEMPLOYMENT the people of Arizona’s Eighth Congressional (Mr. YARMUTH asked and was given BENEFITS District to help them resolve problems with permission to address the House for 1 (Ms. CHU asked and was given per- Federal agencies and to offer other forms of assistance; minute.) mission to address the House for 1 Whereas Gabriel Zimmerman then served Mr. YARMUTH. Madam Speaker, minute.) as Congresswoman Giffords’ Director of Com- about 1 year ago, Republicans were in- Ms. CHU. Dawn, a single mother of munity Outreach, a position in which he sisting that before we do anything to two, spends every day looking for a job. proactively engaged the Congresswoman and help unemployed Americans, we had to After 20 years working in human re- her office with constituencies, organizations, guarantee that tax rates for the richest sources, she was laid off in July; and and citizens throughout southern Arizona; of the rich were made at the lowest now, the only thing paying her heat Whereas Gabriel Zimmerman organized level in 50 years. Before doing anything and electricity bills, the only thing hundreds of events to allow constituents to putting food on the table, is her modest meet with Congresswoman Giffords while to help those who were struggling, they serving as Director of Community Outreach, demanded we give more to those who unemployment benefit. and led the organization, planning, and im- are hurting the least. But that was just In just 35 days and counting, her safe- plementation of Congresswoman Giffords’ the beginning. Now, they are resisting ty net will be pulled away if Congress January 8, 2011 ‘‘Congress on your Corner’’ a tax cut that would give American fails to act. If we don’t extend emer- event; families an average of $1,000 per year. gency unemployment benefits when Whereas Gabriel Zimmerman was a 1998 These are the same families that have they expire, by mid-February, 2.1 mil- graduate of University High School in Tuc- seen their incomes drop by $6,000 in lion Americans will have their benefits son, Arizona, a 2002 graduate of the Univer- sity of California at Santa Cruz, and a 2006 just the last 2 years. cut off. And by the end of the year, 6 million will be without this critical graduate of Arizona State University, where Republicans are putting more and he received a Masters in social work; more money into the pockets of mil- lifeline. Today one out of every 11 Americans Whereas prior to joining Congresswoman lionaires and taking it out of the pock- Giffords’ staff, Gabriel Zimmerman was a so- ets of American families. They’ve gone is out of work. Congress has never al- cial worker assisting troubled youth; from simply not helping working lowed unemployment benefits to expire Whereas Gabriel Zimmerman was an out- Americans, to actively making it hard- when unemployment was this high for door enthusiast, all-around athlete, and er for them to get by. These are not the this long. We should not start now. lover of history, who at the time of his death priorities of the American people. f at the age of 30 was engaged to be married, and who was known and respected by count- I urge my colleagues to support the ANNOUNCEMENT BY THE SPEAKER less individuals throughout the Eighth Con- extension of the payroll tax cut and PRO TEMPORE gressional District; stand up for this commonsense policy The SPEAKER pro tempore (Mrs. Whereas staff serve a vital role in the Con- that will help millions of American gress, allowing the legislative branch to ex- MILLER of Michigan). Pursuant to families. ercise its critical constitutional duties and clause 8 of rule XX, the Chair will post- enabling Members to effectively represent f pone further proceedings today on the their constituents; EXTEND UNEMPLOYMENT INSUR- motion to suspend the rules on which a Whereas over 15,000 individuals are cur- ANCE AND PAYROLL TAX CUTS recorded vote or the yeas and nays are rently serving as Congressional staffers; ordered, or on which the vote incurs Whereas, on January 8, 2011, Speaker John (Mr. PAYNE asked and was given objection under clause 6 of rule XX. Boehner stated, in reaction to the Tucson permission to address the House for 1 Any record vote on the postponed shooting, ‘‘I am horrified by the senseless at- minute and to revise and extend his re- question will be taken later. tack on Congresswoman Gabrielle Giffords marks.) and members of her staff. An attack on one Mr. PAYNE. Madam Speaker, I rise f who serves is an attack on all who serve.’’; today to urge my Republican col- GABRIEL ZIMMERMAN MEETING and leagues to move fast and join forces to ROOM Whereas Gabriel Zimmerman was the first extend the unemployment insurance Congressional staffer in history to be mur- Mr. FLEISCHMANN. Madam Speak- dered in the performance of his official du- and payroll tax cuts. er, I move to suspend the rules and ties: Now, therefore, be it Now more than ever, most Repub- agree to the resolution (H. Res. 364) Resolved, That room HVC 215 of the Capitol licans are content with cutting off the designating room HVC 215 of the Cap- Visitor Center is designated as the ‘‘Gabriel unemployment insurance and raising itol Visitor Center as the ‘‘Gabriel Zimmerman Meeting Room’’. taxes on millions of middle class Amer- Zimmerman Meeting Room’’. The SPEAKER pro tempore. Pursu- icans while refusing to raise taxes on The Clerk read the title of the resolu- ant to the rule, the gentleman from the richest 1 percent. The unemploy- tion. Tennessee (Mr. FLEISCHMANN) and the ment rates for the month of October in The text of the resolution is as fol- gentlewoman from the District of Co- my congressional district of Union, lows: lumbia (Ms. NORTON) each will control Essex, and Hudson Counties in New H. RES. 364 20 minutes. Jersey are between nine and 10 percent, Whereas public events allowing Members The Chair recognizes the gentleman which is above the national average. If of Congress to meet with constituents are an from Tennessee.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18428 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 GENERAL LEAVE tude from the Members of this Cham- Gabe Zimmerman was a respected Con- Mr. FLEISCHMANN. Madam Speak- ber who rely on their dedicated staff to gressional aide serving on the front lines of er, I ask unanimous consent that all help them serve the citizens of this Na- providing services to the Arizonians that Rep- Members may have 5 legislative days tion. resentative GIFFORDS represented. There are in which to revise and extend their re- I support the passage of this resolu- nearly 15,000 Congressional aides that stream marks and include extraneous material tion and urge my colleagues to do the into House Office buildings and District offices on House Resolution 364. same. across the nation, assisting Members of Con- The SPEAKER pro tempore. Is there I reserve the balance of my time. gress in conducting the business of the Amer- objection to the request of the gen- Ms. NORTON. Madam Speaker, I ican people. In many ways Gabe Zimmerman tleman from Tennessee? yield myself such time as I may con- represents some of the best aspects of these There was no objection. sume. men and women, with his colleagues describ- Mr. FLEISCHMANN. Madam Speak- I want to commend Representative ing him as ‘‘fiercely loyal to his boss’’ and er, I yield myself such time as I may WASSERMAN SCHULTZ and the 367 bipar- ‘‘dedicated to providing services to the con- consume. tisan cosponsors of House Resolution stituents of the 8th Congressional District of House Resolution 364 would designate 364. Arizona’’. room HVC 215 of the Capitol Visitors I recognize, Madam Speaker, that It is important to note that Gabe Zimmerman Center as the Gabriel Zimmerman this is an unprecedented bill, but the is the first staffer in U.S. history to be killed Meeting Room. This resolution has bill commemorates an unprecedented while in the performance of his official duties. broad bipartisan support, with 367 co- act, the sacrifice of the life of a staffer Sadly, Gabe Zimmerman had been respon- sponsors. of the one of our Members who, herself, sible for organizing Representative GIFFORDS’ On January 8, 2011, our Nation, and is still recovering from that tragedy, ‘‘Congress on Your Corner’’ event and was this Chamber in particular, suffered a Representative GABRIELLE GIFFORDS. staffing the event when he was killed. This horrendous tragedy. On that day, one We do not often have opportunities dedication should also be seen as a tribute to of our distinguished colleagues, Con- to speak on the floor of the House of not only Gabe Zimmerman but to all staff gresswoman GABRIELLE GIFFORDS, was our staff, whose duties are performed members who work behind the scenes to as- hosting one of her many Congress on almost entirely behind the scenes. The sist Members of Congress. Given Gabe Zim- the Corner gatherings at a local super- tragedy in Arizona, however, does re- merman’s dedication to public service and in market, where she routinely met and mind us that staffers are often exposed honor of his death while in service to the U.S. conversed directly with her constitu- as much as Members to harm and are Congress, I believe it is appropriate to des- ents. During that event, a gunman shot in harm’s way. ignate room HVC 215 in the Capitol Visitor and killed six people, while critically Therefore, I think it entirely appro- Center as the ‘‘Gabriel Zimmerman Meeting wounding 13 others, including Con- priate that we commemorate this loss Room.’’ gresswoman GIFFORDS. of life, first in the history of the Con- I ask unanimous consent that the I am heartened to hear of the amaz- gress, by naming a room after Gabriel resolution be managed by its sponsor, ing progress the Congresswoman is Zimmerman in our Visitors Center. Representative WASSERMAN SCHULTZ. making in her recovery, and our pray- I rise in support of House Resolution 364 The SPEAKER pro tempore. Without ers go out to her and her family. and am pleased today to speak in support of objection, the gentlewoman from Flor- Sadly, on that day, six people lost a bill that designates a room in the Capitol ida will control the time. their lives. Among the dead were a 6- Visitor Center as the ‘‘Gabriel Zimmerman There was no objection. year-old girl, Chief Judge John Roll of Meeting Room’’. Ms. WASSERMAN SCHULTZ. the United States District Court of Ar- Gabriel ‘‘Gabe’’ Zimmerman was a Congres- Madam Speaker, I yield myself such izona, and Congresswoman GIFFORDS’ sional staffer who was killed along with five time as I may consume. director of community outreach, Ga- others, at a community meeting at a local gro- I rise today to offer House Resolution briel Zimmerman. Earlier this year, we cery store sponsored by Representative 364, designating HVC 215 of the Capitol honored Chief Judge Roll in naming a GABRIELLE GIFFORDS on January 8th, 2011 Visitor Center as the Gabriel Zimmer- courthouse after him. Today we honor while 13 other individuals were wounded, in- man Meeting Room. Congresswoman GIFFORDS’ staffer Ga- cluding Representative GIFFORDS and two On January 8, in Tucson, Arizona, briel Zimmerman. other Congressional staffers. Gabe Zimmer- tragedy struck this country in a shoot- Gabe Zimmerman was only 30 years man was a dedicated Congressional staffer ing that shocked our Nation and tore old and engaged to be married when he who had worked for Representative GIFFORDS through the fabric of the congressional was killed. He graduated from the Uni- since 2006, first as an aide to her first con- community. Six people died that hor- versity of California at Santa Cruz in gressional campaign, next as a Constituent rific day, including Gabriel Zimmer- 2002, and in 2006 received a master’s de- Services Supervisor in Tucson, and eventually man, a congressional staffer for our gree in social work from Arizona State rising to the position of Director of Community friend and colleague, Representative University. Prior to joining Congress- Outreach where his duties included managing GABRIELLE GIFFORDS of Arizona’s woman GIFFORDS’ staff, he worked as a the logistics for all of Representative GIF- Eighth Congressional District. social worker assisting troubled youth. FORDS’ public District events and helping her Now, less than a year after this hor- Gabe Zimmerman began his congres- constituents with the day to day details of rible day, it is fitting that the United sional career in 2007 as a Constituent navigating various federal agencies. States House of Representatives, Service Supervisor for then newly Gabe Zimmerman, a Tucson, Arizona na- through passage of this resolution, elected Congresswoman GIFFORDS. In tive, was a 2002 honors sociology graduate of properly honor the sacrifice and service that role, he supervised her constituent the University of California at Santa Cruz, and of one of our own. services operation and worked directly a 2006 graduate of Arizona State University, Gabe Zimmerman served as the com- with the people of Arizona’s Eighth where he received a Masters in Social Work. munity outreach director for our friend Congressional District. He was later Before he went to work for Representative and colleague, Congresswoman GABBY promoted to the Director of Commu- GIFFORDS, Gabe Zimmerman worked as a so- GIFFORDS. Gabe was perfectly suited nity Outreach, where he organized hun- cial worker assisting troubled youth. He had a for this position, as anyone who knew dreds of events to coordinate outreach strong reputation of being dedicated to pro- him would tell you. That’s because to constituents. viding services to Representative GIFFORDS’ working as a community outreach di- As the first congressional staffer to constituents. Gabe also served on the boards rector married two great passions in be murdered in the performance of his of several organizations including the local his life: his drive to help individuals official duties, this resolution seeks to YWCA, the Comstock Foundation, and the and a firm conviction that America’s honor Gabe Zimmerman’s ultimate Child and Family Resources organization. At Government needed to be open, acces- sacrifice to the citizens of Arizona. the time of his death, Gabe Zimmerman was sible, and responsive to every Amer- This is also a gesture of sincerest grati- 30 years old and engaged to be married. ican.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18429 Ask any Member of Congress here who was a true apostle of our rep- But on the morning of January 8, he what is one of the most valuable posi- resentative democracy, unknowingly had organized a Congresswoman on the tions in their office, and they will tell also made the ultimate sacrifice for his Corner meeting outside Tucson so con- you it is our constituent outreach di- country. stituents could talk and meet with rector. They listen each and every day Gabe Zimmerman is the first con- Congresswoman GABRIELLE GIFFORDS. to the concerns of our constituents— gressional staffer in the history of this Representing, that Saturday morning their problems, their suggestions, their institution to be killed while carrying in southern Arizona, was what democ- complaints—and then they work to out his official duties. It is in this his- racy is all about. It is democracy at its help them. The hours are long. Nights torical and hallowed moment that we finest. And then the unimaginable hap- and weekends at home with family or vote on this resolution to name the pened. Gabe Zimmerman is the first out with friends are often sacrificed to congressional meeting room currently congressional staffer to lose his life in attend community meetings. Each and known as HVC–215 the Gabriel Zimmer- the service of this House. every one of us have staff members man Room. Today we honor Gabriel’s talents, the working for us who show such dedica- As those of us who work on the Hill compassion, and the wonderful things tion, and the hallways of this Capitol know well, HVC–215 is frequently used he did for Arizona, for southern Ari- have echoed for two centuries with the for staff meetings of every variety. I zona, for the community. And naming hurried footsteps of congressional can think of no better way to memori- something as simple as a room will staffers serving the American people. alize Gabe’s service and ultimate sac- never be enough for his sacrifice. But it This resolution, designating the Ga- rifice than to have this meeting place is the right thing to do for Gabe, for briel Zimmerman Meeting Room, is forever carry his name and memory. the things he did for Arizona, the not put forward to mark Gabe’s death Over the past 4 months, a bipartisan things he did for Tucson, and also for but, rather, to recognize his commit- group of more than 400 of our col- this congressional family. ment in life and to making others’ leagues, 402 now, to be exact, have Think about this: A hundred years lives better. Ask those who knew him signed on to this resolution in soli- from now, there will be a young staffer and they will tell you that Gabe had a darity as cosponsors of this resolution getting their first tour of this body, way about him that invited conversa- honoring Gabe’s sacrifice. This makes this building, and during that tour, tion. He could walk into any room and this resolution among just a select few they’re going to come across the Ga- find a way to connect to people. Gabe pieces of legislation in history to have briel Zimmerman room. And when they would often put in extra hours and was garnered such broad support in the read about it, they’re going to under- known to pay out of his own pocket for House of Representatives. stand the sacrifice that he gave, just poorer constituents’ bus fare, whatever With this vote, we honor the life of like so many Members here give, but he could do to help that little extra Gabe Zimmerman, and we also recog- Gabriel gave the ultimate sacrifice, his amount. nize all congressional staff—working in love and his talent, for this body and Gabe’s dedication and cheerfulness every corner of our great Nation—for for this family. Ms. WASSERMAN SCHULTZ. had a profound effect on those with their dedication to Congress and the Madam Speaker, it is now my privilege whom he came in contact. Just days American people. to yield 2 minutes to a good friend of after the shooting, well after dark, a From now on, each time we enter the Congresswoman GIFFORDS and a won- gentleman came to Representative GIF- Gabriel Zimmerman meeting room, let derful representative of the great State FORDS’ Tucson office, tears in his eyes, us be reminded of Gabe and of the serv- visibly shaking. He explained that just of Arizona (Mr. GRIJALVA). ice and sacrifice of every congressional Mr. GRIJALVA. I rise in support of days before, Gabe had taken the time staffer. I urge my colleagues to join me to sit down with him; and even though House Resolution 364, which enshrines in support of House Resolution 364. the meeting room in the visitors center he’d come in late in the day, he lis- I reserve the balance of my time. tened to him, treated him like a human in the name of Gabe Zimmerman. Mr. FLEISCHMANN. Madam Speak- My colleagues have retold the trag- being, and made it clear he was going er, I yield 3 minutes to the gentleman to work to help him. The gentleman edy that happened in Tucson in Janu- from Arizona (Mr. SCHWEIKERT), who simply couldn’t believe that such a ary, the deaths, the injuries; and as we coauthored this important resolution. recover from that trauma, led by the good person had been taken so young. Mr. SCHWEIKERT. Today I rise in Among his colleagues in Tucson, courage and strength of Congress- support of House Resolution 364, re- Gabe was profoundly well liked. They woman GIFFORDS, this moment is an naming House visitor room 215 the Ga- told me, when I visited after the shoot- important moment as we commemo- briel Zimmerman Meeting Room. ing, that Gabe was always excited to rate the sacrifice and honor the service As a Member of Congress, each of us come in to work and that he cherished of Gabe Zimmerman. consider our staff more than employ- the ability to work for a Member of I want to quote from the statement ees. We work with them. They rep- Congress and for one he so admired. His that his mom made, Emily, at a press coworkers kiddingly called him Prince resent our districts. But they are part conference on July 20: ‘‘It’s right to Charming because he was always there of our team. They are part of our fam- honor Gabe here, at the Capitol, where for them, always ready to come to ily. And they’re also the voice, the Congress is charged with responding to their rescue. eyes, and ears in our communities. the needs of those people who stood in They solve problems, and they work that line, at that grocery store, to all b 1240 very long hours. Often, and I particu- Americans, by crafting our Nation’s In Representative GIFFORDS, Gabe larly feel bad about this, we often for- laws. While he was the first congres- found someone for whom he cared deep- get to say ‘‘thank you’’ to those staff- sional staff person in the United ly as his mentor, as his boss, as a ers. States’ history to be killed in the line friend, and as a Member of his Congress Today we say thank you to Gabriel of duty, it’s not his death, but his work who shared his passion for selflessly Zimmerman, who was truly one of and his ideals that should be recog- helping others. And while Representa- these dedicated staffers. He had a great nized here, ideals shared by thousands tive GIFFORDS counted on Gabe to be reputation of being one of the most of congressional staff people over hun- her eyes and ears in her district, her caring individuals you could possibly dreds of years of our Nation’s history. husband Mark Kelly said that GABBY ever meet. ‘‘Gabe thought a lot about and cared also looked upon Gabe like a younger After receiving his master’s degree at a lot about the importance of civic en- brother, as so many of us as Members Arizona State University, a fine insti- gagement in an open and civil society. of Congress look at our own staff mem- tution, he chose to give back to Ari- That concept, that goal, which is a cor- bers. zona and give back to the community nerstone of our democracy, can be re- Tragically, this loyal, determined, in southern Arizona, making our State membered in this room, along with an and talented public servant, someone a better place. idealistic young man who died.’’

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18430 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 I think his mom said it best. sector. Many are young, in their lost their lives, and Congresswoman So as we honor Gabe, we honor those twenties and thirties, with an energy GIFFORDS and many others were se- staff people that work for us, that and a passion for public service that verely injured during a senseless act of sometimes make us look better than give us all great hope for the future. violence. There is nothing this House we are; to those staff people that work Gabe Zimmerman was one of those can do to ease the pain of the families for us that sometimes have to deal passionate and dedicated staffers who and friends who lost loved ones that with the controversies which we cre- loved his job, who loved his fellow day. For them, Tucson’s painful memo- ate, and in doing so, they extend serv- staffers, and who loved his Congress- ries may never fully recede. ice and support to the people that we woman. He was working for a beloved What we can do is continue to honor represent. friend and colleague of all of ours, Con- those we lost—Gabe Zimmerman, There is no finer example than Gabe gresswoman GABBY GIFFORDS. Christina Taylor Green, John Roll, Zimmerman, and I’m honored to sup- Gabe Zimmerman was a bridge be- Dorothy Morris, Phyllis Schneck, and port this resolution and honored to be tween the Congresswoman and individ- Dorwan Stoddard—and make sure they from a community that Gabe was from. uals and constituent groups in her dis- are never forgotten. Mr. FLEISCHMANN. Madam Speak- trict, fostering and expanding each day The loss of Gabe Zimmerman af- er, I yield 1 minute to the gentleman the most important relationships Mem- fected this body deeply. We all know from Arizona (Mr. GOSAR). bers of Congress maintain: those with staffers like Gabe—tireless public serv- Mr. GOSAR. Madam Speaker, I stand their constituents, with the people who ants who work long hours and week- here today with my colleagues to sup- have entrusted them with the responsi- ends for modest pay. Congressional of- port the dedication of a meeting room bility of representing them in this fices wouldn’t be able to function with- in the Capitol Visitors Center to Gabe great body. Gabe Zimmerman was the out people like Gabe. Yet they rarely Zimmerman, a man known for seeking first congressional staffer in history, as receive the credit they deserve. to bring healthy political discourse has been said a number of times, to Shortly after the shooting, Gabe’s friend C.J. told the Los Angeles Times through civil service. lose his life in the line of duty, in the about a visit he and Gabe made to the I would first like to reaffirm my con- 222 years of the history of this body. He Lincoln Memorial. He said, ‘‘When we dolences to Gabe’s family and loved lost his life protecting, promoting, and went to the Lincoln Memorial on a ones for their loss. He will be missed. defending democracy. cold, damp January morning, the wind Both a devoted congressional aide Gabe Zimmerman, along with six whipped through the place, and it was and a community leader, Gabe served others, was not the object of attack, freezing cold, but Gabe had to read Congresswoman GABBY GIFFORDS’ dis- but a victim of a domestic terrorist in- every single word of the Gettysburg trict with a smile and a willingness to tent on assassinating Congresswoman Address . . . He put his all into his go above and beyond in assisting both GIFFORDS and intent on randomly kill- work. He put his all into his life.’’ his office and his fellow citizens. With ing people participating in one of de- Madam Speaker, Gabe’s life was cut an extroverted personality and a deep mocracy’s most basic activities—the too short, but his life will be forever concern for others’ well-being, Con- discussion between constituents and honored. Years from now, when young gresswoman GIFFORDS has noted that their Representatives. Members of my interns and staffers visit HVC–215, they Zimmerman became the go-to person own staff—and I’m sure the members of will be reminded of Gabe Zimmerman’s for constituents in the district. He was the staffs of every Member here—were story—of his passion, of his service to what you call back home ‘‘good peo- profoundly shaken by this event, real- his State and country, and of the ex- ple.’’ izing that it could have been them or, ample that he set. We can all appreciate and learn from indeed, any staffer, participating with Ms. WASSERMAN SCHULTZ. Gabe that representing our citizens their Members in any public or even Madam Speaker, it is now my privilege means going beyond what is asked of private event. to yield 2 minutes to a close friend of us to assist them. Gabe Zimmerman It is entirely fitting, therefore, that Congresswoman GIFFORDS’ and some- lived this mantra day by day. we rename in his memory a room one who has stood by her, the gen- It is with great respect that I support where, every day, Members and our tleman from Washington (Mr. SMITH). this bill to dedicate this place of meet- staffs come together to further the rep- Mr. SMITH of Washington. I thank ing in honor of a man who lost his life resentation of the American people. the leadership of this House, both Dem- through a senseless act of violence. I Every day, when we enter that room, ocrat and Republican, and all the co- join the Arizona delegation in hoping we will remember Gabe Zimmerman. sponsors for bringing this resolution that his sacrifice and the principles of Gabe Zimmerman died while serving before us and for honoring Gabe Zim- his public service are remembered and his country, and we honor him for that merman by naming the room in the honored by all of those who seek to service. Capitol Visitor Center after him. make our Nation a better place. But let me say to every staffer who I can think of nobody who better per- Ms. WASSERMAN SCHULTZ. It is serves with us that, by doing so, we sonified the idea of public service than my privilege to yield 3 minutes to the honor you as well—your contributions Gabe Zimmerman. A lot of people get distinguished gentleman from Mary- and the contributions of all staffs— involved in politics for a lot of dif- land (Mr. HOYER). who, like Gabe, strive to make this ferent reasons, but I think that the country a better one for all Americans. base reason that we all should want to 1250 b We send to Gabe’s parents our deep- be involved in it is to represent people. Mr. HOYER. I thank my friend est sympathy for a loss that cannot be So when you read the stories about DEBBIE WASSERMAN SCHULTZ, one of compensated, but tell them that we Gabe and about the service that he did GABBY GIFFORDS’ closest friends. I ac- share their extraordinary pride in this even before he worked for Congress- knowledge the presence of GABBY GIF- American hero. woman GIFFORDS, you can see someone FORDS’ extraordinary staffer and ex- Mr. FLEISCHMANN. Madam Speak- who truly understood what it meant to traordinary leader on her staff, who er, I yield 2 minutes to the gentleman be a representative. herself lost a valued member of her from Arizona (Mr. QUAYLE). Gabe made so much of his life about staff and GABBY’s staff. Mr. QUAYLE. I thank the gentleman caring for other people, and there can Madam Speaker, all of us who serve for yielding. be no higher calling. In naming this in this House know that we could not Madam Speaker, I rise today in sup- room after him, we have a permanent do the work we do without the help of port of House Resolution 364, which reminder to everybody who comes our extraordinarily able and highly will name HVC–215 after Gabe Zimmer- through this Capitol about what this motivated staffs. They work long hours man. place is all about. It’s about serving with pay below their counterparts in January 8, 2011, was a dark day in our other people, and it’s about public serv- the executive branch and in the private country’s history. Six of our citizens ice. On the base fundamental level,

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18431 Gabe understood that to do his job so I hope that all of us can embrace When the shots rang out, Gabe was in right—to represent his district, to rep- this. I urge my colleagues to vote the line of fire. He didn’t run. He made resent this country—he needed to ‘‘yes’’ and to honor Gabe Zimmerman the ultimate sacrifice and became the make sure that everybody in his dis- and the legacy of service that he left first congressional staffer to give his trict believed that they had a voice in behind. life in the line of duty. Congress, and that’s not an easy thing One final comment about Gabe’s b 1300 to do. We represent around 700,000 peo- courage. Prior to my time as a Senate ple, but there was nobody who Gabe Ms. WASSERMAN SCHULTZ. staffer, I served for nearly 10 years as a wouldn’t reach out to and listen to. Madam Speaker, it is my privilege to pilot in the United States Navy. Our I have no doubt that there are thou- yield 1 minute to the gentleman from military heroes who lay down their sands of people, if not tens of thou- Arizona (Mr. PASTOR). lives for their comrades are celebrated sands, who have a better appreciation, Mr. PASTOR of Arizona. Madam and remembered. They’re given our Na- who believe more in their government Speaker, I also rise in support of this tion’s highest military honors. They’re because of the work that Gabe Zimmer- legislation, and I too want to thank immortalized in history. man did, and that’s something that we both the sponsors of this resolution, And while Gabe Zimmerman was not need to be permanently reminded of. the cosponsors and the leadership, both wearing a uniform the day he died, he By naming this room after him, we will on the Democratic side and the Repub- deserves to be immortalized nonethe- offer that opportunity to everybody lican side, for bringing this resolution less. This Congress does so today by who comes through this Capitol. before us today. I urge all my col- passing H. Res. 364, permanently I also think it is reflective on Con- leagues to vote ‘‘aye.’’ affixing Gabe Zimmerman’s name on a gresswoman GIFFORDS as well. Gabe It’s a tribute to Gabe Zimmerman, plaque in the Capitol Visitor Center. worked for GABBY because he believed who gave his life less than a year ago We can never, ever forget Gabe’s sac- in her and believed in what she was in Tucson, and also it’s a tribute to his rifice for the United States of America, doing. She, too, personifies that notion family. His mother was a public serv- and by passing H. Res. 364 we ensure that we’re here to represent people—all ant in Tucson. She worked for many that Gabe’s short life is forever remem- of them—whether we agree with them years for the city of Tucson, so he bered, revered, and immortalized. or not. It’s not just a matter of taking knew what public service was through Ms. WASSERMAN SCHULTZ. the ones we agree with and fighting for his family. Madam Speaker, it is my pleasure to them. You have to fight almost extra It’s also a tribute and a recognition yield 1 minute to the gentlelady from hard for the ones who maybe you don’t of the service that all public employees California (Ms. SPEIER). agree with, because that’s what makes give to our country and make our lives Ms. SPEIER. I thank the author of representative democracy work—be- every day a little better. So may Gabe this resolution for giving us all the op- lieving in this country. Congress- rest in peace, and may we continue to portunity to recognize Gabe Zimmer- woman GIFFORDS and her staff do that give thanks and gratitude to the public man and to honor his memory and to as well as any group of people that I’ve servants who give us a better quality of extend to his family, Ross Zimmerman, ever encountered. life. Emily Nottingham and Ben Zimmer- It’s fitting that we honor Gabe and Mr. FLEISCHMANN. Madam Speak- man, our gratitude for giving their son that we offer our condolences to his er, I yield 2 minutes to the gentleman and their brother in service to this parents with the encouragement that from Texas (Mr. OLSON). country. he has personified what this institution Mr. OLSON. Madam Speaker, this is We have said it already: Gabe Zim- is all about. We will never forget that. a somber occasion, but I am honored to merman, a young man, a passionate, Mr. FLEISCHMANN. Madam Speak- speak in support of congressional ac- idealistic, 30-year-old man, engaged to er, may I inquire as to the time re- tion dedicating a room in the Capitol be married to his beloved Kelly, lost maining. Visitor Center as the Gabriel Zimmer- his life in gunfire while assisting his The SPEAKER pro tempore. The gen- man Meeting Room. Congresswoman, GABBY GIFFORDS. tleman from Tennessee has 101⁄2 min- In the routine course of affairs in As all America knows, Gabe and five utes remaining, and the gentlewoman this House, our staff Members often others lost their lives on January 8 of from Florida has 61⁄2 minutes remain- sacrifice their peace of mind in service this year in a parking lot in Tucson, ing. to the needs of our constituents. In Arizona, when a deranged man opened Mr. FLEISCHMANN. I yield 1 minute many of our hectic moments, they sac- fire on innocent people. Gabe was just to the gentleman from Arizona (Mr. rifice their family time and the events doing his job. FRANKS). with children that create a lifetime of And while I’ve never had the pleasure Mr. FRANKS of Arizona. Madam memories. Speaker, it’s hard to add to all of the to meet Gabe, I feel like I know a lot Gabe Zimmerman loved his commu- things that have been said today about about Gabe. He worked for GABBY GIF- nity and his Nation that he served, and Gabe Zimmerman, but I identify with FORDS, a Congresswoman who has be- it is just appropriate that we take the each one of them. come a good friend through our close time today to recognize him and to I would simply say to you, though, work as leaders in the Space and Aero- affix a plaque in his honor. that I never met Gabe. I did have the nautics Subcommittee of the Science Mr. FLEISCHMANN. Madam Speak- privilege to meet his lovely, precious and Technology Committee in the last er, I yield 2 minutes to the gentleman family, and it was clear to me that ev- Congress. GABBY showed me something from Texas (Mr. POE). eryone who knew Gabe loved him. If rare in Washington, true bipartisan- Mr. POE of Texas. I thank the gen- they knew him well, they loved him ship; and it says a tremendous amount tleman for yielding. more. His selfless spirit of service is an about Gabe that he had GABBY’s trust Gabe Zimmerman, I didn’t know him, inspiration to all of us, and it’s also a and confidence. but I know many people that are just reminder of how short our time here I also feel I know Gabe because, like like him. They are called the congres- may be. him, I was a congressional staffer. I sional staffers. So, Madam Speaker, I just want to served in the offices of two Texas Sen- Gabe Zimmerman dedicated his life suggest to you that everyone in this ators, Senator PHIL GRAMM and Sen- to public service, and he died dedi- place should embrace this resolution ator JOHN CORNYN, for nearly 9 years; cating his life to public service. He died because it is a testament to the noble and there is nothing I wouldn’t do to from an assassin’s bullet in January of dedication of a young congressional protect my bosses. this year hosting a Congress on Your staffer who lost his life in the service Gabe was put in a position that no Corner event for GABBY GIFFORDS, of his country. congressional staffer in American his- which he organized. I had the privilege of being there tory has faced, asked to sacrifice his There are many men and women just when this room was dedicated to him, life for his boss and innocent people. like Gabe Zimmerman who come to

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18432 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 work every day and work in Congress. taken from us on January 8 of this year I was fortunate enough to be in Tuc- These staffers work very long hours, in the attack on Congresswoman son just a few hours after the shooting sometimes late into the night. They GABBY GIFFORDS. All the Nation and was with those assembled at the work weekends, they deal with people watched and prayed. hospital, with friends and community from our districts, and sometimes they Today, in permanently naming a activists and others when it was con- get little or no appreciation for their room in the Capitol complex after firmed that Gabe Zimmerman had lost hard work. Gabe, we honor his life. As Gabe’s his life. I wish all who are within the Congresswoman GIFFORDS is blessed mother, Emily Nottingham, said: It’s sound of my voice today could feel in to have a wonderful staff. I had the not Gabe’s death, but his work and his that room, that day and the days that pleasure to be with her legislative di- ideals that should be recognized here. followed, the love that was felt for this rector, Peter Ambler, and her director Gabe’s ideals were rooted in service. good man, for the work that he did for of operations, Jennifer Cox, when they He worked, as has been mentioned, as a our colleague, and for how much he is hosted me at the Arizona border so I social worker assisting troubled youth, loved throughout the State of Arizona. could talk to ranchers in Arizona; and served on the boards of several commu- The State of Arizona will not forget this occurred after GABBY was shot and nity organizations in Tucson, and tire- what he has done. And with this resolu- wounded. lessly assisted the constituents of Con- tion today, with this naming, we en- I was impressed with these staffers gresswoman GIFFORDS. The work that sure that this institution does not for- and their work and keeping up the mis- he did made a difference to veterans get Gabe as well. sion of our fellow Member of Congress, seeking the benefits they were owed, to Now, all of us as Members of Con- GABBY GIFFORDS, as she was recovering families facing foreclosure, and to sen- gress here have a plaque outside of our from her wounds. The energy and drive iors with lost Social Security checks. office that denotes that we are serving As this resolution notes, there are of these bright Americans represent the people of our representative States. more than 15,000 individuals serving as really all that is good about our coun- When we retire, when we leave after congressional staff. In honoring Ga- try. So on this day, it is good that serving here, we will take those briel Zimmerman today, we recognize Members of Congress remember and plaques with us, and maybe they’ll all of them for their service. decorate our office at home or a room give thanks for Gabe Zimmerman, his I want to particularly acknowledge at home. I think it is fitting that this colleagues in Representative GIFFORDS’ Pia Carusone, who is the chief of staff office, for Representative GABBY GIF- plaque will remain here forever and for Congresswoman GABBY GIFFORDS, FORDS, and for all the men and women for her leadership in guiding the staff will honor the service of Gabe Zimmer- who allow this great body to continue through this tragic time but not for man and also honor the service of to be the people’s House. one moment diminishing the concern many staff who work so hard that are Ms. WASSERMAN SCHULTZ. and the service to the people of the dis- often forgotten and often not appre- ciated for the work they do. Madam Speaker, it is my privilege to trict that GABBY GIFFORDS represents yield 1 minute to a woman with whom in Tucson. So it’s an honor to be here, and I ap- I experienced one of the most emo- Today we pray for Gabe’s family. His preciate again those who have helped tional experiences in my life, along mother, Emily; his father, Ross; his bring this resolution to the floor, par- with our colleague from New York, stepmother, Pamela; his brother, Ben; ticularly the family of Gabe Zimmer- KIRSTEN GILLIBRAND, when we watched and his fiancee, Kelly. We hope it is a man. And I hope they know how much GABBY GIFFORDS open her eyes after comfort to them to know that Gabe we appreciate their sacrifice and her injury, the gentlelady from Cali- will be forever remembered here in the Gabe’s sacrifice. fornia, our leader, NANCY PELOSI. Capitol complex. When people walk Ms. WASSERMAN SCHULTZ. Ms. PELOSI. Madam Speaker, I through that complex and they see Madam Speaker, before I yield back, I thank my colleague from Florida, Con- that name, that signage, whether it is want to share one more story to really gresswoman DEBBIE WASSERMAN above the door or directions to it, some demonstrate to the entire country the SCHULTZ, for taking the time today to may ask the question: Who is Gabe heart of the young man that we are bring this important legislation to the Zimmerman? They may not know him honoring here today, because even floor. by name, but they know him by his those who only occasionally came into Yes, we did indeed experience an sacrifice. We all honor that here today. contact with Gabe Zimmerman were emotional moment to see GABBY open May Gabe Zimmerman, of course, touched by his passing because of the her eyes, but we all experienced an rest in peace. May his memory always way he treated them in life. emotional moment here on August 1 be a blessing to us. We know that it is, The week following Gabe’s death, the when Congresswoman GABBY GIFFORDS but we want everyone else to know it night shift security guard came and came back to the floor of Congress to as well. knocked on the door of Congresswoman cast a vote. With all the smiles that we With that, I again thank Congress- GIFFORDS’ Tucson office. They were had that day, and we were part of his- woman WASSERMAN SCHULTZ for her working late, and her staff opened the tory, we had deep inside of us the sor- leadership, persistence, determination, door. The guard came hoping that the row of those who lost their lives last advocacy, and relentlessness in making person he so often talked to at night January, and one of those people was this possible. In honoring Gabe, we hadn’t really been killed. Tearing up, Gabe Zimmerman. honor the work of all of our staff, past, he said he hadn’t known Gabe’s name, So I’m pleased and saddened to come present, and future. but said that he often found Gabe to the floor of the House of Representa- Mr. FLEISCHMANN. Madam Speak- working late and that Gabe would al- tives today to join my colleagues. I er, I yield 3 minutes to the gentleman ways ask him about his family or his thank Congressman FLEISCHMANN, Con- from Arizona (Mr. FLAKE). weekend or just talk about sports. gresswoman WASSERMAN SCHULTZ, and Mr. FLAKE. I thank the gentleman Gabe always treated him with dignity, the Congresswoman from the District for yielding, and I thank those who which meant so much to him. of Columbia for their leadership here have brought this resolution to the That’s the importance of the legisla- and join in a bipartisan way, especially floor, particularly the gentlewoman tion that we have in front of us today. with the leadership of Congresswoman from Florida, and for the hard work Knowing that we are going to forever WASSERMAN SCHULTZ and the Arizona she has put into it, and for the staff of designate HVC 215 as the Gabriel Zim- delegation in a bipartisan fashion GABBY GIFFORDS for working so hard to merman Meeting Room sends a mes- speaking on behalf of this resolution. get this done, and for the family of sage to all of our staff and to the Gabe Zimmerman, working with this hearts of all who serve that we will b 1310 body, both sides of the aisle, to make honor their service, honor their com- As has been mentioned, Gabe Zim- sure that this resolution came to the mitment, honor their willingness to merman and five others were tragically floor today. make a personal sacrifice to devote

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18433 their lives to helping others. That was so it is absolutely fitting that, inside staffs. Working early mornings and late nights, the epitome of Gabe Zimmerman. the Congressional Visitor Center where on weekends and federal holidays, these out- I want to close just by thanking the thousands of Americans visit each and standing men and women bring energy and entire Arizona delegation, particularly every year, a room will now bear Gabe passion for public service. Mr. FRANKS and Mr. FLAKE, and most Zimmerman’s name in his honor. And I Gabe Zimmerman died while helping Con- especially DAVE SCHWEIKERT, who had hope that this dedication will also gresswoman GIFFORDS as she engaged in one such courage in sponsoring this resolu- serve as a reminder to all of us of the of the most important functions of a Member tion with me, was passionately com- passion and the loyalty and that dedi- of Congress, communicating with her constitu- mitted to garnering cosponsors for it, cation that Gabe showed every day as a ents. It is fitting that the House of Representa- and really worked incredibly hard to congressional staffer. tives is today considering legislation to dedi- bring it to the floor. My thoughts continue to be with cate a space to the memory of Gabriel Zim- I also want to thank the leadership of Gabe’s family, with GABBY and her hus- merman, a room where Members of Congress both the Democrat and Republican band, Mark, and with all of GABBY’s and our staff come together to represent the Members. This is a very challenging staff who have a constant reminder of interests of the American people. and difficult time for our Nation, how valuable life really is. In honor of Gabe Zimmerman and all Con- Madam Speaker. It is my hope, as hard gressional staff including my own, I rise today b 1320 as it is and as hard as it has become for to pay tribute to the men and women who us to engage in civil discourse, that we Mr. FLEISCHMANN. Madam Speak- dedicate themselves to public service. really all redouble our efforts as we er, in closing, I wish to thank Con- Ms. EDDIE BERNICE JOHNSON of Texas. have all publicly stated that we are gressman SCHWEIKERT and Congress- Madam Speaker, the role of Congressional willing and interested in doing, myself woman WASSERMAN SCHULTZ for their staff is an important one in helping all Mem- included, to make sure that we can coauthorship of this very, very impor- bers carry out our responsibilities, but it is a earn the respect and earn every day the tant legislation honoring Gabe Zim- role too often not acknowledged. It is fitting privilege that our constituents have merman. I want to thank the entire that we pause today to honor one such staffer, given us to represent them here in our Arizona delegation for all their tireless Gabriel ‘‘Gabe’’ Zimmerman, who made the ul- Nation’s capital. And in doing so, we efforts in this regard. I also wish to timate sacrifice while serving this Congress will honor Gabe’s memory, honor the urge all of my colleagues in this great and this nation. Gabe was the first, and hope- service of our colleague and friend House, the people’s House, to support fully the last Congressional staffer to be mur- dered in the performance of his official duties GABBY GIFFORDS, and know that Ga- this bill later today. briel Zimmerman did not die in vain. With that, I yield back the balance of when he was shot staffing Representative I yield back the balance of my time. my time. GABRIELLE GIFFORDS at a constituent event in Mr. FLEISCHMANN. Madam Speak- Mr. BACA. Madam Speaker, I rise today to her district. Six other people were killed and er, I yield 2 minutes to the gentleman voice my strong support for H. Res. 364, legis- 13 were wounded, including Representative IFFORD from Minnesota (Mr. PAULSEN). lation to designate room HVC 215 of the Cap- G s and two other Congressional staff- Mr. PAULSEN. I thank the gen- itol Visitor Center as the ‘‘Gabriel Zimmerman ers. tleman for yielding, and I also want to Meeting Room’’. By all accounts, Gabe was a kind and dedi- thank my colleague from Florida for I want to thank my colleague from Florida, cated young man who worked tirelessly to im- prove the lives of the people in the 8th District her leadership, along with the Members Representative WASSERMAN SCHULTZ, for in- of Arizona. He was a former social worker of the Arizona delegation, for putting troducing this important legislation. who assisted troubled youth, an athlete who this resolution together which is so im- Gabe Zimmerman was a young man who loved the outdoors, a beloved son and broth- portant. dedicated himself to the betterment of his er, and he was engaged to be married. His life I have had the honor of knowing my community, and lived a life of service to oth- was cut far too short. I am pleased that we colleague GABBY GIFFORDS since 2005 ers. are making this small tribute to him today. This led him to work for Representative before either of us were actually elect- Our hearts go out to Gabe’s family and ed to Congress. And there is no doubt GABBY GIFFORDS—first as a field organizer friends, to Ranking Member of the Space and in my mind that she wishes she could and constituent service director, and later as a Aeronautics Subcommittee, GABRIELLE GIF- be here today on the House floor to community outreach director. FORDS, during her recovery, and to all those speak in favor of this resolution that is We all know of the tragedy that occurred on impacted by that horrible tragedy. honoring the life of Gabe Zimmerman, January 8, when Gabe and 5 other individuals Mr. VAN HOLLEN. Madam Speaker, on her director of community outreach were forever taken away from this world. January 8, 2011 the nation was shocked and who lost his life in that senseless at- But what many of us don’t know is the type saddened by a senseless act of violence tack on January 8. of life Gabe Zimmerman lived. against a member of the House, Congress- As a former staffer myself, I know Gabe was integral in working with local woman GABBY GIFFORDS. That attack injured firsthand that working for a Member of charities, like Child and Family Resources, the her and killed six innocent bystanders, includ- Congress is not like most jobs. You YWCS, and the Comstock Foundation. ing a Congressional staff, Gabe Zimmerman. rarely go home at 5 or 6; you work long He was a loving son, brother, and fiance´— Gabe, a 30-year-old social worker, began hours; you typically do not have week- and a dedicated public servant. work for Congresswoman GIFFORDS in 2007, ends off. But to those staff who work I urge all my colleagues to honor the life supervising the constituent services operation for all of us, every one of the House and service of this tremendous young man, and helping the people of Arizona’s Eighth Members, the reward comes from work- and vote ‘‘yes’’ on H. Res. 364. Congressional District resolve problems with ing for constituents on behalf of our Mr. REYES. Madam Speaker, I rise today in Federal agencies and obtain government serv- districts, our States, and our great support of H. Res. 364, a resolution to name ices. He was promoted to Director of Commu- country. All of our staff are extensions a meeting room in the Capitol Visitors Center nity Outreach, using his considerable talent of the Members that they work for. after Gabriel Zimmerman, the only Congres- and energy to engage citizens and make Con- GABBY’s staff is certainly a reflection sional staff member killed while on duty. Gabe gress accessible to them. In that capacity, he of whom she is—a loyal, dedicated pub- Zimmerman, a staff member for my friend and planned Congresswoman GIFFORDS’ ‘‘Con- lic servant. And Gabe Zimmerman is colleague Congresswoman GABRIELLE GIF- gress on Your Corner’’ event on January 8 no different. I didn’t know him, but I FORDS, was one of six people killed in the Jan- and was at her side that day. do know that he cared for his commu- uary 8, 2011, attack in Tuscon, Arizona. We continue to mourn his loss and pray for nity, he cared for his country. Gabe The entire Capitol Hill community mourned his family and friends. Gabe Zimmerman’s life was a passionate advocate for children, the senseless deaths and the loss of one of is a testament to the selfless work performed for social justice, and for antiracism. our own. Those of us who serve in Congress by Congressional staff every day for the Amer- Gabe didn’t wear the uniform of a sol- know that the work we do to represent our ican people. Today, we designate a room in dier or a police officer, but he did give constituents would not be possible without the the Capitol as the ‘‘Gabriel Zimmerman Meet- his life while serving his country, and support of our hard-working and dedicated ing Room’’ to honor his work and recognize

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18434 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 the dedication that he and all staff show to ceedings on this question will be post- tion. Each such amendment may be offered their country. poned. only in the order printed in the report, may be offered only by a Member designated in Ms. RICHARDSON. Madam Speaker, I rise f today as a proud cosponsor of H. Res. 364, the report, shall be considered as read, shall Designating Room HVC–215 of the Capitol PROVIDING FOR CONSIDERATION be debatable for the time specified in the re- OF H.R. 3463, TERMINATING port equally divided and controlled by the Visitor Center as the ‘‘Gabriel Zimmerman proponent and an opponent, shall not be sub- Meeting Room.’’ Adoption of this resolution PRESIDENTIAL ELECTION CAM- PAIGN FUND AND ELECTION AS- ject to amendment, and shall not be subject would be a fitting tribute to Gabe Zimmer- to a demand for division of the question in man’s commitment to public service and the SISTANCE COMMISSION; PRO- the House or in the Committee of the Whole. courage of our colleague Congresswoman VIDING FOR CONSIDERATION OF All points of order against such amendments GABRIELLE GIFFORDS of Arizona. H.R. 527, REGULATORY FLEXI- are waived. At the conclusion of consider- Gabe Zimmerman’s devotion to public serv- BILITY IMPROVEMENTS ACT OF ation of the bill for amendment the Com- ice knew no bounds and he made the su- 2011; AND PROVIDING FOR CON- mittee shall rise and report the bill to the preme sacrifice in service to the public when SIDERATION OF H.R. 3010, REGU- House with such amendments as may have been adopted. Any Member may demand a he was killed on January 8, 2011, in Tucson, LATORY ACCOUNTABILITY ACT OF 2011 separate vote in the House on any amend- Arizona, at the hands of the same gunman ment adopted in the Committee of the Whole who left Congresswoman GIFFORDS gravely Mr. WOODALL. Madam Speaker, by to the bill or to the amendment in the na- wounded. Like many Americans, the tragic direction of the Committee on Rules, I ture of a substitute made in order as original events which unfolded on that day in January call up House Resolution 477 and ask text. The previous question shall be consid- left me in a state of shock, anger, and tremen- for its immediate consideration. ered as ordered on the bill and amendments dous sadness. The Clerk read the resolution, as fol- thereto to final passage without intervening motion except one motion to recommit with As the weeks and months have passed, lows: Americans have looked to each other for or without instructions. H. RES. 477 SEC. 3. At any time after the adoption of strength and have been encouraged by the Resolved, That upon the adoption of this this resolution the Speaker may, pursuant to tremendous progress that Congresswoman resolution it shall be in order to consider in clause 2(b) of rule XVIII, declare the House GIFFORDS has made in her recovery. Nearly a the House the bill (H.R. 3463) to reduce Fed- resolved into the Committee of the Whole year later, we pause to remember not only eral spending and the deficit by terminating House on the state of the Union for consider- Gabe and GABBY, but all the innocent victims taxpayer financing of presidential election ation of the bill (H.R. 3010) to reform the of this tragedy who were gunned down while campaigns and party conventions and by ter- process by which Federal agencies analyze waiting to exercise their democratic right to minating the Election Assistance Commis- and formulate new regulations and guidance have their opinions heard. sion. All points of order against consider- documents. The first reading of the bill shall Madam Speaker, 19 people were shot on ation of the bill are waived. The bill shall be be dispensed with. All points of order against considered as read. All points of order consideration of the bill are waived. General that tragic day in Tucson—six of whom suf- against provisions in the bill are waived. The debate shall be confined to the bill and shall fered fatal wounds. While this tragedy focused previous question shall be considered as or- not exceed one hour equally divided and con- national discourse on the need to reassess dered on the bill and any amendment thereto trolled by the chair and ranking minority current gun restrictions and the responsibility to final passage without intervening motion member of the Committee on the Judiciary. of public institutions in reporting potentially except: (1) one hour of debate equally divided After general debate the bill shall be consid- dangerous behavior, we were also reminded and controlled by the chair and ranking mi- ered for amendment under the five-minute of the value of maintaining civility in our public nority member of the Committee on House rule. It shall be in order to consider as an discourse. Administration; and (2) one motion to re- original bill for the purpose of amendment commit. under the five-minute rule the amendment Gabe Zimmerman, Congresswoman GIF- SEC. 2. At any time after the adoption of in the nature of a substitute recommended FORDS’ director of community outreach, per- this resolution the Speaker may, pursuant to by the Committee on the Judiciary now sonified the spirit of public service and patriot- clause 2(b) of rule XVIII, declare the House printed in the bill. The committee amend- ism that has made America great. His work resolved into the Committee of the Whole ment in the nature of a substitute shall be with the people of Tucson made him a popular House on the state of the Union for consider- considered as read. All points of order member of the community, and his passion for ation of the bill (H.R. 527) to amend chapter against the committee amendment in the social justice transcended his official role as a 6 of title 5, United States Code (commonly nature of a substitute are waived. No amend- member of Congresswoman GIFFORDS’ staff known as the Regulatory Flexibility Act), to ment to the committee amendment in the and left an indelible impact on everyone ensure complete analysis of potential im- nature of a substitute shall be in order ex- pacts on small entities of rules, and for other cept those printed in part B of the report of around him. purposes. The first reading of the bill shall the Committee on Rules accompanying this Gabe’s drive to help others led him to pur- be dispensed with. All points of order against resolution. Each such amendment may be of- sue a master’s degree in social work and a consideration of the bill are waived. General fered only in the order printed in the report, career in politics. Although Gabe’s nascent ca- debate shall be confined to the bill and shall may be offered only by a Member designated reer was cut tragically short, designating room not exceed one hour, with 40 minutes equally in the report, shall be considered as read, HVC–215 as the Gabe Zimmerman Meeting divided and controlled by the chair and rank- shall be debatable for the time specified in Room will allow us to memorialize and cele- ing minority member of the Committee on the report equally divided and controlled by brate his commitment to public service for the Judiciary and 20 minutes equally divided the proponent and an opponent, shall not be years to come. and controlled by the chair and ranking mi- subject to amendment, and shall not be sub- Madam Speaker, I urge my colleagues to nority member of the Committee on Small ject to a demand for division of the question Business. After general debate the bill shall in the House or in the Committee of the join me in supporting H. Res. 364. be considered for amendment under the five- Whole. All points of order against such The SPEAKER pro tempore. The minute rule. In lieu of the amendments in amendments are waived. At the conclusion question is on the motion offered by the nature of a substitute recommended by of consideration of the bill for amendment the gentleman from Tennessee (Mr. the Committees on the Judiciary and Small the Committee shall rise and report the bill FLEISCHMANN) that the House suspend Business now printed in the bill, it shall be to the House with such amendments as may the rules and agree to the resolution, in order to consider as an original bill for the have been adopted. Any Member may de- H. Res. 364. purpose of amendment under the five-minute mand a separate vote in the House on any The question was taken. rule an amendment in the nature of a sub- amendment adopted in the Committee of the The SPEAKER pro tempore. In the stitute consisting of the text of the Rules Whole to the bill or to the committee opinion of the Chair, two-thirds being Committee Print dated November 18, 2011. amendment in the nature of a substitute. That amendment in the nature of a sub- The previous question shall be considered as in the affirmative, the ayes have it. stitute shall be considered as read. All points ordered on the bill and amendments thereto Ms. WASSERMAN SCHULTZ. of order against that amendment in the na- to final passage without intervening motion Madam Speaker, on that I demand the ture of a substitute are waived. No amend- except one motion to recommit with or with- yeas and nays. ment to that amendment in the nature of a out instructions. The yeas and nays were ordered. substitute shall be in order except those SEC. 4. It shall be in order at any time The SPEAKER pro tempore. Pursu- printed in part A of the report of the Com- through the legislative day of December 2, ant to clause 8 of rule XX, further pro- mittee on Rules accompanying this resolu- 2011, for the Speaker to entertain motions

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18435 that the House suspend the rules, as though gress, more accountability from their while Rome burns instead of putting under clause 1(c) of rule XV, relating to a government. This collection of bills out the fire.’’ And look at the Repub- measure addressing railway labor. today not only provides that account- lican track record since the start of the The SPEAKER pro tempore. The gen- ability of Congress, but requires that 112th Congress: no jobs bills, not one. tleman from Georgia is recognized for 1 accountability of our executive branch But we’ve found time to debate bills hour. agencies. defunding Planned Parenthood and Na- Mr. WOODALL. Madam Speaker, for As we talk about accountability, tional Public Radio. There’s no exten- the purpose of debate only, I yield the Madam Speaker, it’s important to note sion of the payroll tax cut or unem- customary 30 minutes to my friend that these bills are paid for by termi- ployment insurance, but we can spend from Massachusetts (Mr. MCGOVERN), nating the Election Assistance Com- hours debating the need to allow un- pending which I yield myself such time mission. You will remember, Madam safe people the right to carry concealed as I may consume. During consider- Speaker, that was a commission cre- weapons from State to State. No effort ation of this resolution, all time yield- ated in 2002 that was supposed to sun- to take away tax breaks for oil compa- ed is for the purpose of debate only. set by 2005 and yet has continued even nies who continue to make billions of GENERAL LEAVE until today. That commission was set dollars in profits each month, but we Mr. WOODALL. I ask unanimous con- up in the aftermath of the hanging can find time to make our air dirtier sent that all Members have 5 legisla- chads of the 2000 Presidential election and our water less safe by dismantling tive days to revise and extend their re- to help States implement election re- the Clean Air Act and the Clean Water marks. forms, to help States make sure the in- Act. The SPEAKER pro tempore. Is there tegrity of their electoral process was Seriously, Madam Speaker, the agen- objection to the request of the gen- preserved. And yet today, 6 years after da of the far right continues to domi- nate this House leadership, and that tleman from Georgia? the expected sunset of that commis- agenda is out of touch with the needs There was no objection. sion, we hear from our Secretaries of of the American people. We have a jobs Mr. WOODALL. Madam Speaker, State that they no longer need that crisis in this country. The rich are get- House Resolution 477 is a structured commission, that that commission is ting richer and everyone else is strug- rule for the consideration of three bills: not providing useful benefits to them. gling. Yet the Republicans continue to H.R. 527, the Regulatory Flexibility By terminating that, we’re going to side with the people who don’t need Act; H.R. 3010, the Regulatory Ac- save the American taxpayer more than any help. They killed the supercom- countability Act; and H.R. 3463, a $600 million over the next decade. mittee because they would rather pro- measure to terminate the Election As- Madam Speaker, taken together, tect tax cuts for millionaires instead of sistance Commission and end taxpayer these three measures, H.R. 527, H.R. dealing with the deficit. They are re- financing of presidential elections and 3010, and H.R. 3463, help small busi- fusing to take up the extension of the nesses, increase agency transparency, campaigns. payroll tax cut that expires at the end and increase public participation in the b 1330 of the year because they don’t want entire regulatory process. They save their millionaire friends to pay just a Not only do these bills show this money for hardworking American tax- little bit more. House’s commitment to small busi- payers and are positive reforms that nesses, but they also demand that Just look at what we’re doing this this Congress can pass in a bipartisan week. We’re going to consider anti-reg- agency rulemaking be held account- way. able, reclaiming that authority that is ulatory bills that will make our coun- I hope that my colleagues on both try less safe and our citizens less vested here in this House. sides of the aisle will support these un- H.R. 527, the Regulatory Flexibility healthy. We’re going to consider a bill derlying measures, and I hope they will that actually promotes putting more Improvements Act, requires agencies support this rule so that we may con- to analyze the impact that a new regu- corporate money into the political sys- sider them today. tem. And we’re going to debate a bill lation would have on small businesses With that, I reserve the balance of that makes it harder for workers to or- before the regulation is adopted. By re- my time. ganize. Not one of these bills will put quiring all Federal agencies to obtain Mr. MCGOVERN. Madam Speaker, I people back to work. Not one of these input and develop and conduct regular want to thank the gentleman from bills will help struggling families keep regulatory reviews of existing regula- Georgia, my friend, for yielding me the their heat on during the winter. Not tions, this bill, I believe, complements customary 30 minutes, and I yield my- one of these bills will help repair our and codifies President Barack Obama’s self such time as I may consume. aging infrastructure. commitment in Executive Order 13563 I rise in very strong opposition to To quote Mr. Bartlett again: ‘‘People that directs agencies to review their this restrictive rule—and not only re- are increasingly concerned about un- regulations and solicit public input. strictive, but a very convoluted rule— employment, but Republicans have H.R. 3010, the Regulatory Account- and I rise in opposition to the three nothing to offer them.’’ And that’s the ability Act, makes further positive bills that would be made in order by truth, Madam Speaker. Republicans changes. It reforms and modernizes the this rule. have absolutely nothing to offer. Administrative Procedure Act. It Regulatory uncertainty is a canard The President proposed—and I have makes agencies more accountable and invented by Republicans that allows cosponsored—the American Jobs Act. regulations more cost effective. In a re- them to use current economic problems It’s a proposal that would help put cent study, Madam Speaker, that the to pursue an agenda supported by the Americans back to work, would extend Small Business Administration com- Big Business community year in and the payroll tax cut and unemployment missioned, they estimated the cost of year out. In other words, it is a simple insurance, would help repair our aging the U.S. Federal regulatory burden at case of political opportunism, not a se- infrastructure, and would provide aid $1.75 trillion. Now, that’s not to say rious effort to deal with high unem- to cities and States so they don’t have there aren’t benefits that outweigh ployment. Those aren’t my words, to lay off more teachers and more po- that burden; but when the burden is Madam Speaker. Those are the words lice officers and more firefighters. that substantial, Madam Speaker, we of Bruce Bartlett, a Republican who It’s a bill that is paid for. It doesn’t have to have a process in place that worked for Ronald Reagan, George add one cent to the deficit. And it’s balances those benefits and those bur- H.W. Bush, Jack Kemp, and RON PAUL. made up of measures that Republicans dens, and that’s all H.R. 3010 asks to Think about what Mr. Bartlett is and Democrats have supported in the do. saying in his last sentence: ‘‘Repub- past. Let me repeat that: what the Madam Speaker, time and time again licans would rather play political President has proposed is a series of the American people have demanded games instead of putting people back measures that Republicans and Demo- more accountability from their Con- to work. They would rather fiddle crats have supported in the past. The

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18436 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 idea that a program was good under Is that all there is? Either folks don’t Time and time again I hear my col- President Bush but not under Presi- care, or they’re just acting for political leagues bemoaning the fact that we’re dent Obama doesn’t make much sense gain. It could be that their principles not creating jobs. I, too, bemoan the to me, but that seems to be the are different. It could be that their fact that this administration has not thought process that passes for gov- principles are different, but I don’t ac- created jobs. But that’s not our only erning under this Republican leader- tually believe that. I believe our prin- problem. Our problem is jobs that are ship. ciples are the same, because what these leaving this country, Madam Speaker. So where’s the Republican plan? bills do is one thing and one thing Our problem is destroying even more They don’t have one. It’s not enough to only. Let’s balance the regulatory bur- jobs. cross our fingers and hope that our den with the benefits that it provides. Industry is going to continue to oper- economy improves. It’s not enough to Madam Speaker, who is it in America ate around this planet. We can either close our eyes and wish that more peo- that does not believe that balance is embrace it here in this country in a ple would find a job. Actions speak important in what we do here in Con- balanced way or we can run them all louder than words, and it is clear by gress? I hear it back home all the time: overseas. the Republican leadership’s actions ROB, balance. I want you to get things There’s something that I believe we that they don’t care about the econ- done, but I don’t want you to get sometimes do disagree about here in omy. Either that, or they are making a things done that are the wrong thing this Congress, and that is that govern- conscious decision not to act simply for the wrong reasons. I want you to ment cannot create jobs. Government for political gain. Either way, Ameri- come together and work on these can create an environment in which job cans are hurting because of their inac- issues. creators can create jobs. tion. Who is it, Madam Speaker, that does I cannot pass a bill in this Congress, Madam Speaker, our economy is not not believe that regulation to protect no matter how hard I try, Madam where it needs to be. There are still too health and safety is important? I do. I Speaker, no matter how hard I work, many unemployed people in this coun- come from one of the farthest right dis- that will make everybody in this coun- try. There are still too many people tricts in the country. I believe health try rich. I cannot do it. But this Con- struggling to make ends meet, strug- and safety are important things to reg- gress has succeeded all too often at gling to pay their bills and to put food ulate, but I believe we should balance passing bills that can make everybody on the table. But this notion that red those regulations. poor. tape is what’s keeping our economy When we doubled the budget of the Balance, Madam Speaker, is what from getting off the ground and that Environmental Protection Agency be- these bills contain. What this rule thoughtful regulations are preventing tween 2008 and 2009, where do you think does—and it’s important because it’s a people from getting jobs is just untrue. that money went, Madam Speaker? new operation that we’re doing here in We don’t need to waste time debating The environment that I live in in Geor- this House; and I’m very proud of it, bills that make our air and water dirti- gia was clean and thriving in 2008. But and I hope my friends on the other side er and less safe. We don’t need to waste when you double the amount of money of the aisle are proud. our time with bills defunding NPR and that you give to regulators, they have This is not an open rule today. I Planned Parenthood. We don’t need to only one thing that they can do with don’t want to claim that it is. It’s not waste our time debating bills to reaf- it, and that’s regulate more, regulate on open rule. What we did, though, as firm our national motto. What we need more. the Rules Committee, is we asked all of to do is to get this economy moving. We need balance, and that’s all these our colleagues, anyone who has a pro- What we need to do is create jobs. bills are asking for. I have all the com- posal that they believe will make these Republicans have been in charge now mittee reports here, Madam Speaker, if bills better, send those amendments to for 330 days. That’s 330 days without a any of my colleagues would like to the Rules Committee for consideration. jobs bill. It’s not enough to call some- come and look at them. There is not a Anybody—Democrat, Republican—send thing a ‘‘jobs’’ bill if it doesn’t put line in any of these pages that says: those amendments to the Rules Com- someone back to work. No, Madam Thou shalt not regulate. Not one. What mittee for consideration. This is what Speaker, we need a real jobs bill. We they say is: Thou shalt regulate with we did in the Rules Committee. need definitive action that shows the balance—with balance. We received six Democratic amend- American people that we care about A friend of mine was walking ments for H.R. 527, six ideas from the their well-being, that we understand through the Occupy Atlanta protest 435 Members in this House, six ideas for what they’re going through, and that the other day, Madam Speaker. A fel- making these bills better. They all we’re here to help—in short, that we’re low came up and shook his fist at him. came from the Democratic side of the on their side. The bills we will be con- One of the protesters shook his fist at aisle, and we made every single one of sidering this week just don’t get the my friend and said, It’s all about jobs. those ideas available for debate here on job done. And my friend looked him in the eye the House floor today. You didn’t used It’s been 330 days, and Republicans and said, You know, you’re exactly to see that. You didn’t used to see it still don’t get it. I can’t say that I’m right. You should go out and hire under Republican administrations. You surprised. I’m disappointed, but I’m somebody. You should go out and hire didn’t used to see it under Democrat not surprised. somebody. The fellow said, I’m not administrations. That’s what we’re I reserve the balance of my time. talking about providing jobs. I’m talk- doing here today in a bipartisan way. b 1340 ing about I want a job myself. H.R. 3010, sent out a notice to the en- Mr. WOODALL. Madam Speaker, I Well, that’s right. Every single bill tire Congress, Send your ideas for mak- yield myself such time as I may con- that this Congress considers that helps ing H.R. 3010 better. Send them to the sume. job creators helps jobs. Rules Committee so that we can con- I look at the clock above your head. We’ve got to end the rhetoric of lov- sider them for consideration on the I think it’s been about 11 minutes since ing jobs and hating job creators, House floor. There were 12 ideas that my colleague DEBBIE WASSERMAN Madam Speaker. There’s only one op- were submitted, Madam Speaker—one SCHULTZ called for a toning down of the portunity that we, as Americans, have Republican idea, 11 Democrat ideas. rhetoric and focusing more on policy. I for employment, and that is finding an Three of those Democrat ideas were don’t think we were able to make it to employer. And line after line after line later withdrawn, said, We don’t want to minute 15. of these bills say, before you punish bring those ideas to the floor. So that I will quote my friend as he referred American industry, make sure the bal- leaves us with eight, and we brought to Republicans: Either they don’t care ance is there, because, let’s be clear, all but one. about the economy, or they are just Madam Speaker, it’s not that these My colleague from Georgia (Mr. acting for political gain. jobs don’t have to be performed. JOHNSON), his amendment was not

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18437 made in order because my colleague ity of life and the standard of living for Last night the minority leader, the from Texas (Mr. OLSON) had an amend- everyday people and for those strug- Republican leader of the other body, ment that was substantially similar, gling to get in the middle. There’s no indicated that he was now moving to a and knowing that time is valuable on balance here. There’s no balance here. position in favor of legislation pre- the House floor, we wanted to consider And in terms of bipartisanship, the venting that from happening. House all ideas, but not all ideas from every- President of the United States came to Democrats are prepared at this mo- body, each idea only once. this Chamber and he gave a speech in ment on this bill, on this day, to sup- Seven Democratic amendments, one which he outlined his jobs bill, which port legislation that will postpone that Republican amendment made in order included a number of initiatives, all of tax increase on middle class families. because we invited the entire United which had in the past enjoyed bipar- The American people want us to States House into this process. tisan support. But I guess because he’s work together, and I would trust that This is the time on the rule, Madam the President, he’s a Democrat, Repub- the vast majority of American people Speaker. I’m not here to debate the un- lican leadership doesn’t want to have would say that in these economic times derlying provisions. We’ve provided those debates here on the floor, give working together to suspend a thou- time to do that. But I do want to de- him any victories, because that might sand-dollar tax increase on a $50,000-a- fend this rule as an example of what we not be politically advantageous to year family is something we ought to ought to do. them. work together on. President Obama Is it a little more convoluted than I Let’s be frank about what’s going on agrees. Senator REID agrees. It looks would have liked? Yes, it is. here. In my opinion, this is about polit- like Senator MCCONNELL agrees. Lead- Is it a little outside of my issue ical opportunism. This is about the er PELOSI and the House Democrats areas? Yes, it is. leadership of this House blocking im- agree. But we don’t have that bill on But does it make in order all of the portant legislation to put people back the floor this afternoon. amendments that our colleagues want to work just because they can, just be- This is our opportunity, colleagues, to submit? It provides for time for de- cause it’s been proposed by the Presi- to move away from the daily back-and- bate on every single idea submitted. dent of the United States. forth of Republican versus Democrat That’s an important change in this We need to focus on jobs in this Con- politics and do something for which House, Madam Speaker. I’m grateful gress. We need to be focused on helping there is broad agreement and, I think, that we’ve been able to do it, and I re- people get back to work. I don’t care urgent need. serve the balance of my time. what part of the country you’re from, Now, we have 30 days to get this Mr. MCGOVERN. Madam Speaker, I people are hurting, people are strug- done, and our track record is not very yield myself such time as I may con- gling, and they’re looking for us to do promising on meeting deadlines around sume. something, something meaningful, not here. My suggestion is let’s move this I want my colleagues to understand to bring bills to the floor like this that, agenda on this day at this time and put that one of the amendments they in the scheme of things, mean nothing before the House a bill that would sus- didn’t make in order was the amend- or to have these great debates over re- pend this thousand-dollar tax increase ment offered by our colleague, Con- affirming our national motto or on on middle class families, all wage earn- gressman JOHNSON, which basically bills that make it easier for unsafe peo- ers, across the country. Certainly this stated that if the experts conclude that ple to carry concealed weapons from is something on which we ought to a rule would result in a net job cre- State to State. agree, certainly this is something the ation, the rule shouldn’t be delayed House should be able to devote its time b 1350 and blocked by all the stuff that’s in to, and certainly we should act on it this bill because we need jobs right That we’re debating those things here today. now. It’s interesting that that’s the when there are millions of people that Mr. WOODALL. Madam Speaker, I one that my Republican friends chose are out of work, I think, is outrageous. yield myself such time as I may con- to block because it has to do with jobs. Madam Speaker, at this time I am sume. Another amendment that they proud to yield 3 minutes to the gen- Even though I’m a freshman in this blocked was one that I had offered. I’ve tleman from New Jersey (Mr. AN- body, I have been working hard to try offered it many, many times in the DREWS). to find metrics by which I can judge Rules Committee, and that is to basi- Mr. ANDREWS. Madam Speaker, as what’s happening here because this cally bring to the floor an amendment we stand here today, I would like us to body is not like so much that happens that would allow us to vote to strip big pause for a moment and think about an back home. The metric that I have oil companies of taxpayer-funded give- American family who is not here. The found while we’re debating a rule is aways—subsidies is what I call them. husband works in a Home Depot, the that the less folks are talking about And I’ve tried to bring it up on the wife works as an administrative assist- the rule, I think the better job we did floor a gazillion different times in a ant in a hospital, and they make to- crafting it. I think that’s right. Be- gazillion different ways, and I’m al- gether about $50,000 a year. And they’re cause if it was an awful rule, we’d ways told that there’s a germaneness among the fortunate Americans who spend our time talking about what an issue. But yet what does the Rules have jobs, but they’re frankly very awful rule it is. When it’s a pretty good Committee do? Oftentimes, it waives worried because it seems like the hard- rule, we spend our time talking about all the rules so that sometimes non- er they work, the less ground they other issues on the floor. germane amendments can come to the gain. They’re going backwards the I happen to agree with my friend floor. harder they work. from New Jersey. A thousand dollars I mean, when you talk about balance, The House needs to understand that a for a family earning $50,000, that’s real the fact that taxpayers are subsidizing month from tomorrow, unless this money. Now, I would say, though, to big oil companies that made over $100 House acts, that family’s taxes will my friend from Massachusetts that if billion in profit last year, that we’re rise by $1,000. A month from tomorrow, you take that $1.75 trillion burden that going to somehow continue taxpayer unless the House and the other body the Small Business Administration subsidies to these big oil companies, and the President act, that family’s tells us is upon the American people yet, when you look at the Republican taxes will go up by $1,000 a year. because of regulations, that’s actually budget that they passed, they find President Obama has said he will $5,000 per person. That’s $15,000 per a ways to balance the budget on every sign legislation that prevents that tax three-member family. And so yes, I single program that impacts middle-in- increase from happening. The Demo- agree with my friend from New Jersey come and low-income people in this cratic leader of the other body, Senator that we should absolutely cooperate on country. REID, has said he will move and support focusing on those burdens. The burden What they do is they choose to bal- legislation that prevents that from we’re focusing on today? Even larger, ance the budget by lowering the qual- happening. by orders of magnitude.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18438 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 Mr. ANDREWS. Will the gentleman We must be sure not to further bank- I think you can hear that the major- yield? rupt a program that we all agree is al- ity position is a little more nuanced Mr. WOODALL. I’d be happy to yield. ready going bankrupt. I look forward than that. It is a yes-or-no question. Mr. ANDREWS. I would just ask the to that debate, Madam Speaker, be- We think there ought to be a vote on gentleman, then, if he is prepared to tween now and the end of the year. avoiding a thousand-dollar tax increase tell us whether the majority will put And it’s not just that tax that’s ex- on the middle class. And we’re ready to on this floor before the 31st of Decem- piring. I know my friend is also con- put our cards in the machine and do ber a bill that suspends this tax in- cerned about the Bush-Obama tax cuts that. crease on middle class Americans. that were extended in December of 2010 b 1400 Mr. WOODALL. My friend flatters me and wants to be sure that those will be by thinking I have the answer to that extended in 2011 on into 2013. Mr. MCGOVERN. Madam Speaker, I information as a young freshman on Mr. ANDREWS. Will the gentleman yield myself such time as I may con- the House floor, but I’ll tell you this. yield? sume. I’ll tell you that two things are true, Mr. WOODALL. I’ll be happy to yield. My friend, the gentleman from Geor- and it is a puzzler for me on the payroll Mr. ANDREWS. Those income tax re- gia, said that his party likes to pay for tax holiday that’s gone on this year. ductions, of course, were extended to things. That statement startled me a On the one hand I will tell you that December 31 of 2012. So there’s not an little bit because they didn’t think it Republicans are absolutely the party of urgent imminence to addressing that was important to pay for the Bush tax lower taxes and not higher taxes and issue the way there is with this. cuts, mostly for the rich, which have that actually speaks to this issue. I would just again put the question now bankrupted us. They didn’t think We’re also the party of making sure this way. I fully understand there are it was important to pay for the Medi- that we’re paying for those commit- different views as to whether or not we care prescription drug bill, which was a ments that we’re making. Social Secu- should avoid this middle class tax in- lot more expensive than they had rity is different from any other tax, crease. I’m simply asking whether the promised and was not paid for. They and when I go and talk to my grand- gentleman supports giving us a clear don’t think about paying for the two father, he’ll say, ‘‘Rob, I want that So- up-down vote on having that happen. wars that we’re fighting in Afghanistan cial Security. I paid into it all my Mr. WOODALL. I would say to my and Iraq. life.’’ friend that I happen to support up- We had balanced budgets when Bill Well, we’re not paying into it right down votes on all sorts of things. I’m Clinton left office. It was after that now. The proposal is not to pay into it an open rules guy, and I’m very proud that everything got out of whack, and next year, the proposal was not to pay of our Speaker who believes that the it was because of these tax cuts, which into it last year. I’d be interested to House works best when the House were mostly for the wealthy, and it ask my friend if he’s prepared to sup- works its will. That’s really one of the was because of a prescription drug bill port lowering those Social Security changes that I understand we’ve seen and two wars, all of which were not benefits because, again, this is some- in this year that we haven’t seen in paid for. So I hope my friends on the thing we’re paying into. years past. other side have finally gotten religion Mr. ANDREWS. Will the gentleman I think that’s important, Madam on this issue in that it is important to yield? Speaker, for us to be able to bring try to pay for things as you go along Mr. WOODALL. I’d be happy to yield. those votes to the floor. and to embrace PAYGO as Democrats Mr. ANDREWS. I am most certainly But it’s also important to make sure have done. not in favor of that. I would frankly that folks have all of the information With that, I would like to yield 2 make up for the lost revenue with a in the same way that folks might be minutes to the gentlewoman from Cali- surtax on people making more than a tempted to mischaracterize these bal- fornia (Ms. HAHN). million dollars a year to cover it. ancing provisions that we’re bringing Ms. HAHN. I thank the gentleman Let me ask the gentleman another forth today as some sort of Republican from Massachusetts (Mr. MCGOVERN) question. chicanery. for yielding me this time. I understand that there are differing Folks might also be tempted to char- Mr. Speaker, I just don’t think Amer- views in his party, and frankly ours, as acterize something that is going to icans can wait, but here we are again to whether an extension of the cut for hasten the bankruptcy of Social Secu- today debating legislation that will do middle class families should continue. rity as being something that has no nothing to create jobs or to help fami- And I’m not asking him to say it would consequence at all. There really are lies during these tough economic pass. That’s beyond the reach of any consequences to this decision. And to times. Member, even the Speaker. say to my friend I look forward to a ro- I agree with my colleague from New But is the majority prepared to make bust debate on that because it’s an im- Jersey that we think that there just a commitment to the American people portant issue for American families. needs to be a vote on the House floor to at least get to vote on it, that it will With that, Madam Speaker, I would on this payroll tax cut, which, so far, let the majority work its will and ei- like to reiterate that on H.R. 527, six my friends on the other side are not ther vote ‘‘yes’’ or ‘‘no’’ on avoiding Democratic amendments offered, six agreeing to. There were 120 million this tax increase on middle class Amer- Democrat amendments made in order. American families that had $1,000 more icans? The House works best when the House in their pockets this past year because Mr. WOODALL. I would say to my works its will. The rule today is pro- of the payroll tax holiday that we friend that the majority, again speak- viding that opportunity. passed. I believe we need to pass a new ing out of school as a young freshman I reserve the balance of my time. middle class tax cut, one that will save here on the House floor, but I know Mr. MCGOVERN. I yield 30 seconds to the typical family $1,500. enough about my leadership to know the gentleman from New Jersey (Mr. Now, I do agree with my friend from the majority is absolutely committed ANDREWS). Georgia about job creators. I love job to protecting and preserving Social Se- Mr. ANDREWS. I thank my friend creators, but I think I have a different curity not just for this generation but from Georgia for engaging in good spir- point of view on what helps our job cre- the next generation and beyond. And it in this dialogue. ators and what helps our small busi- the question is going to be can we find I would simply want to make it clear: nesses. I spent Saturday, November 26, a proposal, because the one that was I think it’s the position of our party Small Business Saturday, shopping in passed last year was not a proposal very clearly the House should vote on small businesses. that both lowered tax burdens and pro- whether to avoid this thousand-dollar I went into every one of them, and I tected the solvency of Medicare and tax increase on the middle class. That’s talked to them about what would help Social Security. our position. them: What can we do in Congress to

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18439 help you as a small business? Almost What is it that raises salaries? this House right now, bringing bill every single one of them said, Do you Sometimes my friend on the left sug- after bill after bill to this floor to take know what we need? We need cus- gests that we could just raise the min- away the rights of workers at every tomers. We need Americans to have imum wage and just guarantee every- single level. jobs, and we need them to have money body money, but I don’t believe we can. Do you want to know what one of the in their pockets that they will spend in What we can do is give folks an oppor- problems is with jobs moving overseas? our small businesses. That will help us. tunity to increase their productivity. It’s that some of the incentives in our I guarantee, if we were to get more cus- No worker on the planet works harder tax laws have made it easier and even tomers, we would expand and we would than the American worker. No worker attractive for companies to pack up hire more people. on the planet has more productivity and go overseas and hire cheaper labor. The SPEAKER pro tempore (Mr. POE than the American worker, and regula- One of the problems with these series of Texas). The time of the gentle- tion after regulation after regulation of bills that we’re dealing with here woman has expired. slows the American worker down. If today is that it will result in a rush to Mr. MCGOVERN. I yield the gentle- you want to put more money in the the bottom in terms of regulation—the lady an additional 1 minute. American worker’s pocket, you let the lowest common denominator in terms Ms. HAHN. We know that it’s our American worker be more productive of clean water and clean air stand- small businesses that have hired al- by providing some balance. ards—because, among other things, most 60 percent of the new jobs that Again, nothing we’re talking about this legislation says that we should we’ve had in this country. We know today, Mr. Speaker, says thou shalt not take into consideration the standards that $1,500 would go back into the regulate. We know we’re going to regu- in other countries. economy, and we know that that $1,500, late. What we’re saying is, let’s regu- So China is going to now set our through this middle class tax cut, late with balance. Then my friend’s clean water and our clean air stand- would help businesses in this country. small businesses and my small busi- ards? Give me a break. Let’s get real. I know we’ve been called the do-noth- nesses will have those customers that Let’s bring something to the floor that ing Congress; but in this instance, if we they need to get this economy moving will make a difference in the lives of do nothing, Americans who can least again. the American people, especially those afford it will see a tax increase come I reserve the balance of my time. who are unemployed. Let’s bring a real right after the holidays. I dare say, Mr. MCGOVERN. Mr. Speaker, I yield jobs bill to the floor. Let’s do some- Americans who will see that kind of a myself such time as I may consume. thing meaningful. tax increase in January might worry I just want my colleagues to under- I reserve the balance of my time. about how they’re spending their stand that, if we were to extend the Mr. WOODALL. Mr. Speaker, I yield money this December, and it may just payroll tax cut, according to Mark myself such time as I may consume. affect their generosity, not only to Zandi, who is a Republican economist I could likely go back and forth all their own families, but to those who who advised JOHN MCCAIN in his Presi- day long with my friend from Massa- are in need in this country. dential campaign, it would create chusetts believing that he loves work- Mr. WOODALL. I yield myself such 750,000 jobs. He also says that we’re ers more, with my believing that I love time as I may consume, Mr. Speaker, likely to go into a recession if the pay- workers more and with his believing to say I’m always happy to find things roll tax cut expires, if my Republican that to define ‘‘loving of workers’’ that I agree on with those across the friends don’t allow us to have a vote up means we have to regulate them dif- aisle. or down on it. I am going to ask people ferently from Washington, D.C. For I’ll say to my friend from California to vote ‘‘no’’ on the previous question me, ‘‘loving workers’’ means we’re that we’re both new in this House and so that we can have an up-or-down vote going to free them to do those things that I spent my Saturday doing those on this and so that people will have an that they do best, which is to produce. very same things. My small business opportunity to make their views on I reserve the balance of my time. owners told me that very same thing, this issue known. Mr. MCGOVERN. Mr. Speaker, at this though they told me one more thing. The other thing is we’ve heard all time I would like to yield 2 minutes to They said, Do get the foot of govern- this talk about what the cost of regula- a member of the Judiciary Committee ment off the throat of my small busi- tion is. Again, some of the numbers whose amendment was not made in ness. They did say, ROB, you cannot that have been touted here I question order by the Rules Committee, the gen- help me by doing more, but you can very seriously. OMB’s calculations tleman from Georgia (Mr. JOHNSON). help me by doing less. You can help me demonstrate that regulation has a by getting out of the way and by let- positive net effect on the economy and b 1410 ting me do what I do. not by a little. In 2008, the Bush admin- Mr. JOHNSON of Georgia. Mr. Speak- The question then becomes how we istration’s OMB estimated that regu- er, I rise in opposition to this rule and get those customers in that store, and latory costs for major rules were be- the underlying bills. Instead of cre- there are absolutely two visions for tween $46 billion and $54 billion and ating jobs, the Grover Norquist/Tea making that happen. We can either try that the benefits of those regulations Party Republicans are assaulting the to dispense more favors from Wash- were between $122 billion and $656 bil- very regulations that ensure we have ington, DC, Mr. Speaker. We can try to lion. clean air, safe water and food, along pump more money that we don’t have So it goes back to the point I was with safe prescription drugs and other out of Washington, DC, money that making earlier, which is what we products that Americans consume. we’re borrowing from our children and should be doing on this floor today—de- They want us to create so many bar- grandchildren; or we can try to get bating a bill to put people back to riers and obstacles that it would essen- folks higher- and better-paying jobs— work. We should be extending the pay- tially make it impossible for Federal more jobs—which is what this rule is roll tax cut. We should also be talking agencies to do their jobs, all in the about today. about initiatives that the President name of simply increasing the profits We are running jobs out of this coun- put forward, these bipartisan initia- of big business. try. We are forcing jobs out of this tives. We should be doing things that The Regulatory Accountability Act country. The new report came out of will make a real difference in people’s would require agencies to perform 60 over 150 nations, Mr. Speaker. We are lives. additional analyses and other proce- number 69 in how easy it is for busi- My friend talks about the American dural actions within the rulemaking nesses to comply with their tax bur- worker. There is no Congress, no Re- process, further slowing down an al- dens, for example. Number 69. We publican leadership in my lifetime that ready burdensome process. I am talk- should be the best place on Earth to do has been more hostile to the American ing about bureaucratic red tape. They business. worker than the leadership that runs want to take it to the next level. They

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This would also make it much are subject to review by the Federal courts don’t act by the end of this year they to ensure that agencies satisfy the sub- easier for large corporations to evade stantive and procedural requirements of all will see a $1,000 increase in their taxes. their obligations to protect the public applicable statutes and consider input from Now, we can change all that here by giving special interests multiple the relevant stakeholders. today. We can change that here today points in the process to tie up the proc- Passage of H.R. 3010 would replace this and actually bring to the floor some- ess in knots. time-honored framework with layers of addi- thing that is meaningful. If we defeat The Regulatory Flexibility Improve- tional procedural requirements that would the previous question, I will offer an ments Act is no better. It’s a wolf in seriously undermine the ability of agencies amendment to the rule to require that to execute their statutory mandates. It sheep’s clothing. Don’t be fooled. This would require cumbersome ‘‘formal’’ rule- we vote on a payroll tax holiday exten- is not about helping small businesses. making for a new category of rules, for sion for next year. If we don’t pass an It’s about halting regulations and in- which agencies would have to conduct quasi- extension, all working Americans will creasing the profits of big business. adjudicatory proceedings. It would impose get a little less in their paychecks be- Under the guise of small business pro- unnecessary new evidentiary standards as a ginning in January. tection, it would subject any regula- condition of rulemaking. It would subject Mr. Speaker, I ask unanimous con- tion that could conceivably have any the regulatory process to unneeded rounds of sent to insert the text of the amend- litigation. Finally, the Regulatory Account- direct impact on small businesses to a ment in the RECORD along with extra- ability Act would undermine the Executive neous materials prior to the vote on more lengthy process, thereby delaying Branch’s ability to adapt regulatory review the implementation of virtually any to changing circumstances. the previous question. action any agency proposes and wast- In these ways and others, the Regulatory The SPEAKER pro tempore. Is there ing agency time while doing so. Accountability Act would impede the ability objection to the request of the gen- I urge my colleagues to oppose this of agencies to provide the public with basic tleman from Massachusetts? rule and the underlying bills. protections, and create needless confusion There was no objection. Mr. WOODALL. I continue to reserve and delay that would prove disruptive for Mr. MCGOVERN. Mr. Speaker, again the balance of my time. businesses, as well as for state, tribal and I urge my colleagues to vote ‘‘no’’ and local governments. Mr. MCGOVERN. Mr. Speaker, I yield If the President were presented with the defeat the previous question so we can myself the balance of my time. Regulatory Accountability Act, his senior make sure that working families do I would like to insert in the RECORD advisors would recommend that he veto the not see their payroll taxes go up while the Statement of Administration Pol- bill. we’re still struggling to recover from a icy, which is opposed to this legisla- Mr. Speaker, jobs, jobs, jobs. That’s recession. This is exactly the type of tion. what we should be focusing on today— action that people all over the country STATEMENT OF ADMINISTRATION POLICY not guns, not abortion, not reaffirming are hoping this Congress will move on. H.R. 3010—REGULATORY ACCOUNTABILITY ACT OF our national motto—jobs. We need to I urge a ‘‘no’’ vote on the rule, and I 2011 put people back to work. But that yield back the balance of my time. (Rep. Lamar Smith, R–Texas, and 36 doesn’t seem to be part of the Repub- Mr. WOODALL. I yield myself the cosponsors, Nov. 29, 2011) lican agenda, and it’s hurting our coun- balance of my time. The Administration is committed to ensur- try. I’m proud to be here with you today, ing that regulations are smart and effective, At the end of this year, as you have Mr. Speaker. When we talk about jobs, that they are tailored to advance statutory already heard during this debate, the jobs, jobs, that’s why I came to Con- goals in the most cost-effective and efficient payroll tax cuts signed into law by gress, and that is exactly what we’re manner, and that they minimize uncer- President Obama will expire. Without talking about in this rule today. And I tainty. Accordingly, the Administration action, middle class Americans will see hope, Mr. Speaker, you have seen with strongly opposes House passage of H.R. 3010, their taxes go up by a thousand dollars great concern what I have seen here the Regulatory Accountability Act. The Reg- today, and that is a complete dis- ulatory Accountability Act would impose next year. Without action, GDP growth unprecedented procedural requirements on will fall by half a percent and will cost connect, it appears, with my colleagues agencies that would prevent them from per- the economy 400,000 jobs according to on the other side with the under- forming their statutory responsibilities. It the economic forecasting group Macro- standing that increasing regulation, would also create needless regulatory and economic Advisers. Extending this tax needlessly increasing regulation, bur- legal uncertainty and increase costs for busi- cut is not just good for American fami- dens the American worker, undermines nesses, as well as state, tribal, and local gov- lies, it’s good for the American econ- the American economy, thwarts jobs. ernments, and further impede the implemen- omy. According to Ameriprise Finan- And I say, Mr. Speaker, this is one of tation of commonsense protections for the those things on which if we disagree American public. cial, extending the payroll tax cut The Regulatory Accountability Act would could add more than 1 million jobs to we’re just going to have to agree to dis- impose unnecessary new procedures on agen- the economy. agree, because it is as clear to me as it cies and invite frivolous litigation. When a Mr. Speaker, this is the kind of legis- is that the sky is blue that when you Federal agency promulgates a regulation, it lation that we need to be debating, not increase the regulatory burden you must already adhere to the requirements of right-wing, hot-button social issues or make the American family poorer for the statute that it is implementing. In many bills that, when you add it all up, don’t it. cases, the Congress has mandated that the mean anything to anybody in this I know I can’t ask for a show of agency issue the particular rule or regula- country. hands here, Mr. Speaker, but if I did tion, and it often prescribes the process the and said, Who is it, who wants dirtier agency must follow. Agencies must also ad- But where is this extension of the here to the robust and well understood pro- payroll tax? It’s not in this rule? It’s drinking water back home in their dis- cedural requirements of the Administrative not in the majority leader’s schedule. trict? Who is it that doesn’t drink from Procedure Act, and major rules are subject In fact, the Republicans seem to be ig- the same spigot as the rest of us? Who to the requirements of other Federal stat- noring this issue. is it that doesn’t shop at the same gro- utes such as the Regulatory Flexibility Act, It’s sad. It’s sad that the Republican cery stores as the rest of us? Who is it the Unfunded Mandates Reform Act, and the leadership would rather raise taxes on who doesn’t drive on the same roads as Paperwork Reduction Act. In addition, for middle class Americans basically to the rest of us? We’re all in this boat to- decades, agency rulemaking has been gov- protect tax breaks of millionaires. If gether. We’re all this boat together, erned by Executive Orders issued and fol- lowed by administrations of both political there was a vote right now on a bill Mr. Speaker. parties. These require regulatory agencies to that was going to cut one penny, it was I come from the Deep South, and promulgate regulations only upon a reasoned going to cost Donald Trump one penny whenever we start talking about envi- determination that the benefits of the regu- more in taxes, the other side would be ronmental issues, it always gets me so

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18441 pumped up, because, dad gum it, no- 10 days. I want to encourage all of my Mr. Speaker, there are unintended body spends more time outside than I colleagues to understand that’s not a consequences to the work of this body do. Nobody cares more about the envi- free discussion. Every penny that you every single day, and the arrogance to ronment than I do. And yet time and choose not to deposit in the Social Se- believe we can foresee them all aston- time again you hear that characteriza- curity trust fund is a penny closer to ishes me. We must understand our fal- tion that somehow asking for a bal- bankruptcy the Social Security trust libility. We must understand that we anced regulatory environment, a bal- fund comes. cannot foresee all of those con- anced regulatory environment, is It’s easy to say you’re going to get sequences. somehow anti-environment or anti- something for nothing, but we’re not. So every time we have an oppor- American. $15 trillion in debt, Mr. Speaker; $15 tunity to measure, Mr. Speaker, every I must tell you, Mr. Speaker, these trillion. We’ve already been giving time we have an opportunity to look at bills before us today, the Regulatory away something for nothing for far too the pros and the cons to ensure that Flexibility Improvements Act, the long. The question is how can we both we’re getting it right, Mr. Speaker, Regulatory Accountability Act, that’s help the middle class taxpayer with every time we pass a regulation, we why I came to Congress. That is why I their tax burden and preserve Social steal freedom from someone some- came to Congress. Security for generations to come. It’s where. Understand that. Every time we We cannot make everybody rich, but not a freebie, Mr. Speaker. These are pass a regulation, we steal freedom we can make everybody poor. And tough questions that require serious from somebody somewhere. when we regulate without regard to the answers, not on a motion to recommit, Our government is a social contract benefits of that regulation, without re- not on a motion to instruct, but in where we agree to give up individual gard to the burdens of that regulation, thoughtful committee consideration. liberty so we can exist collectively. We that’s exactly what we do. I’ll get back to the rule now because have public services for safety and fire, My friend quoted the OMB, talking this has had thoughtful committee on and on and on. But every single one about the values of regulations. I don’t consideration. Both the underlying of those comes at the expense of per- dispute that at all. I’m absolutely cer- provision and the rule itself have gone sonal liberty. But we have decided that tain there are some regulatory initia- through regular order. Mr. Speaker, the expense is worth it. tives that do, in fact, produce a benefit. there’s no need to rush these bills to Mr. Speaker, these bills do that All I’m asking for is that we balance the floor. We can take them through today: balance benefits and burdens, that benefit with whatever burden it the process to make sure that they are provide that information to the Amer- causes, because—and this is a rhetor- thoughtfully examined line by line by ican voter, and let’s make sure that ical question, Mr. Speaker, but do folks line. And these bills have been. what we’re doing is worth it. honestly believe that the regulatory Interestingly enough, Mr. Speaker, Mr. Speaker, this is an example of burden should exist irrespective of the that’s all these bills are asking of our how one ought to do a rule, how one benefits that it provides. That’s what administrative branch agencies—that ought to open up the process, how one we do. In these two pieces of legisla- the regulations that they’re promul- ought to encourage debate on all of the tion, Mr. Speaker, we ask regulatory gating be examined line by line by line ideas that are brought to this House agencies to examine those benefits and to make certain that the benefits out- floor. I encourage strong support for burdens. weigh the burdens. this rule. I encourage strong support Now, as my friend from Massachu- It’s a surprise to me, Mr. Speaker, for the underlying legislation. setts talks about partisan politics, I that it’s even something that we’re ar- The material previously referred to come from a district that was a proud guing about today. I would have by Mr. MCGOVERN is as follows: ‘‘no’’ vote on both the ridiculous stim- thought that this is common sense. AN AMENDMENT TO H. RES. 477 OFFERED BY MR. ulus bill from the Bush administration Certainly in my district it’s common MC GOVERN OF MASSACHUSETTS and the ridiculous stimulus bill from sense. Perhaps other constituencies At the end of the resolution, add the fol- feel differently—balancing the benefits lowing new section: the Obama administration. SEC. 5. Not later than December 16, 2011, with the burdens. Don’t let folks tell b 1420 the House of Representatives shall vote on you, Mr. Speaker, that regulations passage of a bill to extend the payroll tax We are equal opportunity ‘‘no’’ votes come without a burden. I’ll give you an holiday beyond 2011, the title of which is as on ridiculousness. And that is what we example. I have a cardboard box manu- follows: ‘Payroll Tax Holiday Extension Act have here as we try to reclaim some facturer in my district, manufactures of 2011.’. regulatory authority from the execu- cardboard boxes. It may not be glam- tive branch agencies. orous work, but it’s important work. I (The information contained herein was I’ll be the first to say, Mr. Speaker, provided by the Republican Minority on mul- was visiting the plant the other day. tiple occasions throughout the 110th and that I think the Congress went a little They said: ROB, when they were talk- 111th Congresses.) light on President Bush. And I cer- ing about the ethanol regulations, did THE VOTE ON THE PREVIOUS QUESTION: WHAT tainly believe the last 2 years of the they ever talk about the impact the IT REALLY MEANS Democratic Congress went a little light ethanol regulations would have on This vote, the vote on whether to order the on President Obama. I think we have a cardboard box manufacturers? previous question on a special rule, is not constitutional duty to defend our legis- I said I wasn’t in Congress then, but merely a procedural vote. A vote against or- lative prerogative to make the rules I never heard about it. dering the previous question is a vote that this Nation abides by, not an They said when you decided that you against the Republican majority agenda and unelected bureaucrat downtown, but were going to insert ethanol in every a vote to allow the opposition, at least for elected officials right here in Wash- gallon of gasoline, you also decided you the moment, to offer an alternative plan. It ington, D.C., here in the people’s were going to raise the price of corn. is a vote about what the House should be de- bating. House, those of us who have to go home And we use corn starch in the glue that Mr. Clarence Cannon’s Precedents of the and subject ourselves to voters every 2 holds our boxes together, and we use House of Representatives (VI, 308–311), de- years. This is where that authority be- corn starch with our fiber to make our scribes the vote on the previous question on longs. And we should have those votes. boxes stronger. And every time you the rule as ‘‘a motion to direct or control the Yes and no, we should have those votes pass a regulation that increases the use consideration of the subject before the House on whether or not that’s our shared vi- of ethanol and decreases the avail- being made by the Member in charge.’’ To sion of America. ability of corn to other sources, you defeat the previous question is to give the opposition a chance to decide the subject be- Now I’m going to get a little off raise the price of our boxes. You can fore the House. Cannon cites the Speaker’s topic, Mr. Speaker. It’s clear to me produce boxes anywhere in the world; ruling of January 13, 1920, to the effect that that we’re going to be talking about and if we can’t stay competitive, we’re ‘‘the refusal of the House to sustain the de- the payroll tax over the next week or going to lose this business overseas. mand for the previous question passes the

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18442 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 control of the resolution to the opposition’’ may have 5 legislative days in which to The NLRB is already telling employ- in order to offer an amendment. On March revise and extend their remarks and in- ers like Boeing where they can and 15, 1909, a member of the majority party of- clude extraneous material on H.R. 3094. cannot create jobs. Now the board fered a rule resolution. The House defeated The SPEAKER pro tempore (Mrs. wants to take away a worker’s right to the previous question and a member of the opposition rose to a parliamentary inquiry, ROBY). Is there objection to the request make a fully informed decision in a asking who was entitled to recognition. of the gentleman from Minnesota? union election. This proposal largely Speaker Joseph G. Cannon (R-Illinois) said: There was no objection. prohibits employers from raising addi- ‘‘The previous question having been refused, The SPEAKER pro tempore. Pursu- tional legal concerns, denies answers to the gentleman from New York, Mr. Fitz- ant to House Resolution 470 and rule questions that can influence the vote, gerald, who had asked the gentleman to XVIII, the Chair declares the House in and turns over to union leaders even yield to him for an amendment, is entitled to the Committee of the Whole House on more personal employee information. the first recognition.’’ Let’s get something straight: The Because the vote today may look bad for the state of the Union for the consider- the Republican majority they will say ‘‘the ation of the bill, H.R. 3094. board’s scheme isn’t about modernizing the election process. This is a draco- vote on the previous question is simply a b 1427 vote on whether to proceed to an immediate nian effort to stifle employer speech vote on adopting the resolution . . . [and] IN THE COMMITTEE OF THE WHOLE and ambush workers with a union elec- has no substantive legislative or policy im- Accordingly, the House resolved tion. Less debate, less information, and plications whatsoever.’’ But that is not what itself into the Committee of the Whole less opposition—that’s Big Labor’s ap- they have always said. Listen to the Repub- House on the state of the Union for the proach to workers’ free choice, and it is lican Leadership Manual on the Legislative being rapidly implemented by the ac- Process in the United States House of Rep- consideration of the bill (H.R. 3094) to resentatives, (6th edition, page 135). Here’s amend the National Labor Relations tivist NLRB. how the Republicans describe the previous Act with respect to representation b 1430 question vote in their own manual: ‘‘Al- hearings and the timing of elections of For 4 years Democrats controlled though it is generally not possible to amend labor organizations under that Act, this Congress. To my knowledge, not the rule because the majority Member con- with Mr. POE of Texas in the chair. once did they try to streamline the trolling the time will not yield for the pur- The Clerk read the title of the bill. pose of offering an amendment, the same re- union election process. Not once. They The CHAIR. Pursuant to the rule, the sult may be achieved by voting down the pre- did champion a failed effort to strip bill is considered read the first time. vious question on the rule.... When the workers of their right to a secret bal- The gentleman from Minnesota (Mr. motion for the previous question is defeated, lot, but they didn’t bother to offer any KLINE) and the gentleman from Cali- control of the time passes to the Member solutions to the alleged problems they who led the opposition to ordering the pre- fornia (Mr. GEORGE MILLER) each will now say plague the election process. vious question. That Member, because he control 30 minutes. then controls the time, may offer an amend- Today, union elections take place in The Chair recognizes the gentleman an average of 31 days, giving workers a ment to the rule, or yield for the purpose of from Minnesota. amendment.’’ month to consider the monumental In Deschler’s Procedure in the U.S. House Mr. KLINE. Mr. Chairman, I rise in question of whether or not to join a of Representatives, the subchapter titled support of H.R. 3094, the Workforce De- union. One month. Are there cases ‘‘Amending Special Rules’’ states: ‘‘a refusal mocracy and Fairness Act, and I yield where delays have occurred? Yes. But to order the previous question on such a rule myself such time as I may consume. without a doubt, these are the excep- [a special rule reported from the Committee The legislation we are considering on Rules] opens the resolution to amend- tions to the rule. And former and cur- today is straightforward. It reaffirms rent members of the NLRB have cited ment and further debate.’’ (Chapter 21, sec- workforce protections that have been tion 21.2) Section 21.3 continues: ‘‘Upon re- partisan shifts on the board as the jection of the motion for the previous ques- in place for decades. leading cause of such delay. A broken tion on a resolution reported from the Com- Across the country, the American board is no excuse for trampling on the mittee on Rules, control shifts to the Mem- people are asking: How can we get this rights of American workers. ber leading the opposition to the previous economy moving again? What will it I’m aware the board recently re- question, who may offer a proper amendment take to finally put people back to vised—recently being yesterday—its or motion and who controls the time for de- work? And Washington is responding bate thereon.’’ earlier proposal and set aside some of Clearly, the vote on the previous question with a number of answers. Some think the more egregious provisions. How- on a rule does have substantive policy impli- we should support more spending, more ever, the latest iteration still denies cations. It is one of the only available tools taxes, and more regulations. In es- employers access to a fair election for those who oppose the Republican major- sence, they are asking the country to process, still deprives workers of the ity’s agenda and allows those with alter- double down on the same failed policies opportunity to make a fully informed native views the opportunity to offer an al- of the past. decision, and still perpetuates the ternative plan. My Republican colleagues and I be- threat of more punitive measures in Mr. WOODALL. I yield back the bal- lieve we should chart a different the future. The board seems utterly de- ance of my time, and I move the pre- course, one that includes removing reg- termined to finalize a flawed proposal, vious question on the resolution. ulatory roadblocks to job creation. The regardless of the damage to the integ- The SPEAKER pro tempore. The Workforce Democracy and Fairness rity of the board and our workplaces. question is on ordering the previous Act is part of that effort. The legisla- We must act now. question. tion says we shouldn’t allow unelected The Workforce Democracy and Fair- The question was taken; and the bureaucrats to dictate policies that ness Act reaffirms workforce protec- Speaker pro tempore announced that make our workplaces less competitive. tions our Nation has enjoyed for dec- the noes appeared to have it. In June the National Labor Relations ades. Employers currently have a fair Mr. WOODALL. Mr. Speaker, on that I demand the yeas and nays. Board proposed sweeping changes to opportunity to prepare for a The yeas and nays were ordered. the rules governing union elections. preelection hearing. The bill ensures The SPEAKER pro tempore. Pursu- Under the board’s radical scheme, em- employers have at least 14 days—2 ant to clause 8 of rule XX, further pro- ployers would have just 7 days to find weeks—a fair opportunity to prepare ceedings on this question will be post- an attorney and navigate a host of for the hearing. Employers and unions poned. complicated legal issues before con- can currently seek board review of fronting an NLRB election official. issues raised before the election. The f Employees will have as little as 10 days bill preserves their right to seek board WORKFORCE DEMOCRACY AND to decide whether they want to join a review before the election. Workers FAIRNESS ACT union, denying them an opportunity to currently have an average of 31 days to Mr. KLINE. Madam Speaker, I ask gain valuable information and make an decide their vote. The bill guarantees unanimous consent that all Members informed decision. workers at least 35 days.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.000 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18443 Before the board’s reckless Specialty That’s exactly what we are doing ronment. It would protect the worker’s Healthcare decision, a commonsense today. right to make an informed choice by standard determined which employees At this time I am very pleased to requiring an election take place in not would participate in the election. Once yield 3 minutes to the chairman of the less than 35 days. We owe it to our con- again, H.R. 3094 takes steps to restore a Subcommittee on Health, Employ- stituents to let them hear both sides of traditional standard, ensuring employ- ment, Labor, and Pensions, the gen- the story and make up their own ees continue to have freedom and op- tleman from Tennessee (Mr. ROE). minds. A worker’s privacy should also portunities in the workplace and em- Mr. ROE of Tennessee. I rise today to be protected, allowing the unions ac- ployers can effectively manage their urge my colleagues to support the cess to only what the employee decides labor costs. Workforce Democracy and Protection is their contact information. This bill Despite the heated rhetoric we will Act. also restores longstanding rules for de- hear from opponents today, the bill is a Our country is in the middle of a jobs fining what a bargaining unit is. It’s responsible effort to set in law, Mr. crisis. The national unemployment over three decades of rules. Chairman, protections workers and em- rate is hovering at 9 percent. In Ten- Mr. Chairman, there’s only one way I ployers have long enjoyed. I urge my nessee, where I live, it’s higher than can describe this bill—it’s common colleagues to support the bill. that. Millions of American families are sense. I respect the right of the work- I reserve the balance of my time. struggling to make ends meet. Amidst ers to form unions. That’s their right Mr. GEORGE MILLER of California. this economic uncertainty, the House under the law. But I believe that the Mr. Chairman, I yield 2 minutes to the has passed over 20 jobs bills that would union election should follow a process gentlewoman from New York (Ms. help spur our economy that are sitting that is balanced and protects the rights SLAUGHTER), a member of the Rules over on the Senate side, right down the of employees and employers, not just Committee. hallway here, not voted on. Sadly, the the unions. Ms. SLAUGHTER. I appreciate the Senate isn’t the only roadblock to eco- I urge support of this bill. gentleman yielding. nomic recovery. That’s why we’re here Mr. GEORGE MILLER of California. Mr. Chairman, with millions of today—to rein in a National Labor Re- I yield myself 4 minutes. Mr. Chairman, Members of the Americans out of work, job creation lations Board that has run amok. certainly should be the number one pri- I grew up in a union household. My House, during the depths of the Great Depression, Congress gave the Amer- ority of this Congress. And yet, where father was a member of the United ican worker the right to ban together are we today? We’re not creating any Rubber Workers Union. And I know with coworkers and to bargain for a new jobs here, but we’re using the pre- about this. I lived with it, grew up with better life. For more than 75 years, the cious floor time considering a bill that it. National Labor Relations Act has vest- attacks the rights of all American In June, what problem were we try- ed the ultimate decision on whether or workers and has no chance of becoming ing to fix? Currently, elections are not to form or belong to a union with law. That, unfortunately, is something held, as the chairman said, within 31 the workers themselves. The principle we do week after week here. days. And unions win almost 70 percent underlying this law is that when work- As my colleagues have pointed out, of the elections held. So let’s say the ers decide they want to have a union, rather than minimizing the delay in 1st of October of this year you wanted they should get a union. union voting procedures, today’s bill to have an election. By the end of that mandates delay. The bill empowers em- month you could vote on whether a b 1440 ployers to interfere in union elections worker wanted to be in the union or These rights and this law have served by adding anti-union employees to vot- not. A very fair process. If this rule this country well. They built the mid- ing blocs—gerrymandering the elec- goes into effect, as he said, 7 days for dle class. They brought us the 40-hour tions. That, by itself, should be enough an employer to find representation to workweek. They brought us safer to vote against this bill. go through over 400 pages of rules just workplaces. The exercise of these Letting an employer deny and manip- on this very complicated subject. rights ensured economically secure ulate union elections is a blatant at- It gets worse. As little as 10 days to families and the prospect that our chil- tempt to put the fox in charge of the vote. So a worker would have to make dren could build an even better life. henhouse. It is a direct attack on the their mind up, in some cases, it could These rights have been an unqualified ability of workers to bargain collec- be as quick as 10 days. Imagine voting success. They helped to create an eco- tively to protect their rights. And on the President of the United States nomic engine unparalleled in the his- we’ve seen in America, with all the in 10 days. tory of the world. protests and uprisings, that American And it gets worse. Workers would But especially this year, forces have citizens don’t like that so much. then be required by law to hand over gathered that will do anything to take Wherever you work, whether it’s personal information. What we want to away those rights from American union or not, if you appreciate a 40- do is to allow the employee to decide workers, from American families. hour work week, sick leave and vaca- what information is given to the union These forces subscribe to the perverse tion days, safer working conditions, about how they want to get contacted. ideology that says workers should just don’t blame the men and women of the Mr. Chairman, this just isn’t right, accept whatever the powerful decides is unions for the unemployment crisis nor is the National Labor Relations good enough for them, and that’s the that they didn’t cause. Thank them for Board’s decision to redefine how a bar- end of the discussion. They use real cri- bringing those things to you. It was gaining unit is determined. Instead of ses as an excuse to gain more power. not a benevolent employer that gave creating jobs, employers will be forced We’ve seen them try it in Wisconsin you those. It was the union movement. to negotiate with a multitude of small and in Ohio and all across the country, So rather than considering a bill to bargaining unions, which will raise where the real goal was to take away attack the American worker, we should labor costs and destroy the possibility the rights of workers, not to solve the be working together. As we plead on of advancement opportunities. Some- economic problems of those States; the floor day after day to create jobs thing must be done to restore the fair- where the real goal was to constrain for the American people, the situation ness to the union election process. And workers in the collective bargaining grows more dire every day. that’s why I’m a proud cosponsor of process, not to deal with the economic I urge my colleagues to oppose this this legislation. problems of those States; and where bill and see if we can get to work to The bill simply does this. It gives 14 they don’t control the statehouses and really create jobs. days to pass before a preelection hear- State legislatures, they have come to Mr. KLINE. Mr. Chairman, the gen- ing is held. This hearing will allow the Congress of the United States. tlelady just said that we should be ad- both sides to raise any relevant or ma- This bill today is part of that dressing legislation to create jobs. terial issues in a non-adversarial envi- scheme. This bill is part of a national

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18444 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 effort by the Republican Party, by the rangements to get rid of people at the based on a basic deal: If you go to work Chamber of Commerce, and much of elite level. every day and work as hard as you can, the business community in this coun- That’s what this is about. It’s about you will make a decent wage. If you try to strip workers of their rights at stealing from the American workers get sick and have to go to the hospital, work; to take ordinary working men and not giving them a right to con- you’ll have health benefits that mean and women and tell them they will tinue to bargain for the benefit of their that you won’t lose everything you have no rights to join a union; they families and their communities, and we have because you got sick. At the end will not be able to gather for an elec- ought to reject this bill today. of the 40th hour of the week, your time tion because this legislation prevents Mr. KLINE. Mr. Chairman, I yield 2 belongs to you and your family, not to that election from happening. minutes to the chairman of the Sub- your boss, unless your boss is willing to How does it do that? It does that, committee on Workforce Protections, pay you time and a half. And you don’t one, by having the employer decide the gentleman from Michigan (Mr. have to work until the day you die be- who will be in the bargaining unit, not WALBERG). cause you can earn a decent pension the employees as is dictated under the Mr. WALBERG. I thank the chair- and spend the golden moments and law and as affirmed by this Congress man for yielding. days of your life taking care of your over and over again that decision be- Mr. Chairman, as I, a former United grandchildren and your family. That’s longs to them. Steelworkers Union member, stand the deal. How does it do that? So it stuffs the here today, the unemployment rate in None of that existed for most Ameri- ballot box at the outset, and the em- Michigan stands at 10.6 percent, and in cans before collective bargaining ex- ployer making up the bargaining unit areas of my district it is as high as 14 isted. America has a middle class be- as opposed to the employee. Then they percent. cause America has collective bar- throw in the ability to have whatever Our primary focus in Congress, as gaining. frivolous appeals, whatever frivolous passed in the Republican jobs plan and This bill is not about the number of issues you want to raise, no matter seated in the Senate right now, our pri- days before an election or the size of a how frivolous, they must be raised be- mary focus is to get burdensome gov- bargaining unit. This bill raises the fore this time, before the election, and ernment regulations out of our way issue of whether you truly believe in all of the appeals must be decided. So and out of the way of the American collective bargaining. And what this while they talk about how this gives people and let them get back to work. bill does is say to the minority of em- you a tight time frame, in fact what we The National Labor Relations Board ployers in America—and I think they see is endless delays. It’s the endless has taken actions that directly oppose are the minority by far—who would running up of legal costs of attorneys American job providers and job cre- choose to subvert an election process, on both sides, all in the idea of buying ators. How can any Michiganian oper- who would choose to intimidate and co- time for the employer to intimidate ating a business expect to compete on erce their workers into voting against the employees from joining a union, to a level playing field with NLRB mem- the union, this bill gives them a road- constantly hold businesses and the bership like Craig Becker, who once map of exactly how to do that. It is a workplace—face to face, businesses to wrote, ‘‘Employers should be stripped subversion of the American middle advocate against the union so that of any legally cognizable interest in class because it’s a subversion of col- they can turn around the decision that their employees’ election of represent- lective bargaining. the employees essentially have made atives.’’ And also, ‘‘Employers have no Our grandfathers and grandmothers when they say, We want to go to an standing to assert their employees’ stood on picket lines to fight for col- election; we want to have a union; this right to fair representation.’’ lective bargaining. The people of Ohio is our bargaining unit. And that’s the In their recent action to create an stood on election day to fight for col- goal here is to destroy the ability of ambush-style election process, the lective bargaining. Colleagues, let us this law to function. NLRB has taken the side of a former together stand today against this legis- You cannot have a situation where special interest attorney over the will lation and for collective bargaining that exists in this country, because of the American working people. The and the American middle class. this law is not only important to em- rogue majority of the NLRB wants to Mr. KLINE. Mr. Chairman, I am ployees in the workplace. It’s impor- set conditions that stifle job creation pleased to yield 2 minutes to the gen- tant to millions of Americans who are and expansion. Job creators are terri- tlelady from Alabama (Mrs. ROBY). in the middle class in this economy fied of the NLRB’s actions to create an Mrs. ROBY. I thank the chairman for today. These are people who are there ambush-style election process that will yielding. because of the collective bargaining prevent employees from making an in- Mr. Chairman, I rise today in support rights of people over the last 75 years formed decision. And more stunningly, of H.R. 3094, the Workforce Democracy in this country to bring the benefits, to they reversed 30 years of precedent and Fairness Act, a bill I proudly spon- bring the wages, to bring the job secu- through their Specialty Healthcare de- sor. rity, to bring the health care benefits, cision, which would allow unions to As a Representative from Alabama, a to bring the pension benefits and the carve up a worksite however they use. right-to-work State, the continued ac- protections to middle class families. America’s job creators and workforce tivist agenda of the National Labor Re- We have seen, as the unions have de- deserve fairness to ensure that union lations Board is alarming. clined, so have the wages, so have the representation elections, like elections benefits of workers to their own pro- for our political leadership, are done in b 1450 ductivity. The American worker con- a just manner that allows all partici- Its proposed rules to alter long- tinues to increase their productivity. pants to make an informed decision on standing Federal labor practices and They are the most productive workers their representation status. policies are a clear example that the in almost every sector of our economy The Workforce Democracy and Fair- White House and the NLRB are com- in the world, and yet more and more of ness Act will ensure that employees mitted to a culture of union favor- their productivity is being syphoned off and employers will have a level playing itism. The NLRB’s proposals under- by the 1 percent, if you will, by the em- field at the NLRB and its special inter- mine the rights of employers and em- ployers that decide they need more bo- est allies are determined to tilt. ployees by empowering unions to ma- nuses, by the employers that decide Mr. GEORGE MILLER of California. nipulate the workforce for their own they need bigger paychecks, by the em- Mr. Chairman, I yield 3 minutes to the gain. ployers that decide they need more gentleman from New Jersey (Mr. AN- The Workforce Democracy and Fair- shareholder dividends, by the employ- DREWS), a member of the committee. ness Act is one of many bills put for- ers that decide that they need more Mr. ANDREWS. Mr. Chairman, for ward by my Republican colleagues that golden parachutes, they need more ar- years the American Dream has been will prevent the NLRB from imposing

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18445 sweeping changes to our Nation’s AMERICAN FEDERATION OF LABOR a union. At a time when more and more ex- workplaces. Additionally, and most im- AND CONGRESS OF INDUSTRIAL OR- perts are recognizing that middle class in- portantly, this bill restores key labor GANIZATIONS, comes are falling in tandem with the declin- protections that both workers and em- Washington DC, November 18, 2011. ing rate of union membership, Congress Hon. JOHN P. KLINE should be finding ways to protect workers’ ployers have enjoyed for decades. Chairman, House Education and the Workforce, freedom to form a union, not throwing up I want to say that again: This bill re- Washington, DC. roadblocks to the exercise of this funda- stores key labor protections that both Hon. GEORGE MILLER mental right. workers and employers have already Ranking Minority Member, House Education Sincerely, enjoyed for decades. Congress has the and the Workforce, Washington, DC. WILLIAM SAMUEL, DEAR CHAIRMAN KLINE AND RANKING MINOR- Director, Government Affairs Dept. responsibility to ensure that the ITY MEMBER MILLER: On behalf of the AFL- NLRB’s labor interests are not under- Mr. KLINE. Mr. Chairman, I am very CIO, I urge you to vote against H.R. 3094, the pleased to yield 1 minute to another mining an employer’s efforts to create Workforce Democracy and Fairness Act, jobs and grow their businesses. when it is considered by the House of Rep- member of the committee, the gen- tleman from Nevada, Dr. HECK. At a time when approximately 14 resentatives. Masquerading as a bill to pro- tect the status quo with respect to elections Mr. HECK. I thank the chairman for million Americans are unemployed and supervised by the National Labor Relations yielding. searching for work, not to mention the Board, H.R. 3094 would actually mandate Mr. Chairman, I rise today to pose an millions that have given up, Congress delays, giving companies more power to wear important question to Nevadans. How must implement policies that encour- down support for the union and creating new would you feel about having only 10 age new jobs, not hinder them. This opportunities for stalling elections. The re- days’ notice that an election would be legislation will rein in the activist sult of this bill will be to make workers wait held? That would give you only 10 days months, perhaps years before they are al- NLRB and reaffirm protections work- to research the candidates and find out ers and job creators have received for lowed to vote on whether to form a union. The bill would also destroy 75 years of NLRB where they stand on the issues, 10 days decades. case law that has governed the appropriate- to decide who best represents you, your Mr. GEORGE MILLER of California. ness of bargaining units, giving companies voice, your values. I yield 2 minutes to the gentlewoman more power to gerrymander the eligibility of And to my distinguished colleagues from California (Ms. WOOLSEY), a rank- voters in a union representation election in in this body, how do you think your ing subcommittee member of the com- order to unfairly skew the results. constituents would react if we changed mittee. Under H.R. 3094, no election may occur the law so that they had only 10 days’ sooner than 35 days after the filing of an Ms. WOOLSEY. Mr. Chairman, H.R. election petition, even if all parties agree to notice that an election would be held? 3094, the so-called Workforce Democ- an earlier date. But the bill does not limit It would be unconscionable for Con- racy and Protection Act, what a great how long an election may be delayed as a re- gress to abdicate its responsibility and title for legislation that assaults the sult of employer claims, challenges and liti- allow a board of unelected bureaucrats majority’s year-long war against gation. The bill would mandate a full pre- to do something that this body would election hearing on any ‘‘relevant and mate- never do itself. That’s the debate unions, against workers, and the Na- rial’’ issue, broadly defined to include vir- tional Labor Relations Board. This is today, whether or not Congress allows tually any issue, even those that are not in the National Labor Relations Board to just the latest of that. And they gave it dispute and not material to the appropriate- this wonderful title. ness of the bargaining unit. By incentivizing radically change the way union elec- tions are governed, with little to no And since they took control of this marathon pre-election hearings, the bill would reward wasteful litigation and in- input from those most affected by this body in January, my colleagues on the crease taxpayer costs by requiring findings decision. other side of the aisle have been doing on unnecessary and extraneous issues. I urge my colleagues to vote for the everything in their power to stack the In a further effort to deny workers their Workforce Democracy and Fairness deck against labor unions and those right to choose whether to form a union, Act to prevent the National Labor Re- who aspire to join them. Seemingly, H.R. 3094 imposes restrictions on workers’ lations Board from doing something we the bills that they bring to the floor opportunities to receive information from would not do ourselves. are designed to make life easier for the unions, but does nothing to curb the power of companies to force workers to listen to their Mr. GEORGE MILLER of California. corporate special interests and, as 1 anti-union propaganda, under the threat of I yield 2 ⁄4 minutes to the gentleman usual, harder on workers who just want discharge if they try to object. Moreover, it from New Jersey (Mr. PAYNE), a mem- a fair shake. fails to protect workers who are fired, ber of the committee. Curious, since the labor movement is threatened, or interrogated because they Mr. PAYNE. Mr. Chairman, H.R. 3094, the most powerful force for economic want to exercise their federal statutory right the Workforce Democracy and Fairness security and upward mobility that we to form a union. In fact, current remedies for Act, really, as you know, should be have in this country, and unions are well-documented, wide-spread violations of called the Election Prevention Act. workers’ rights have been regularly criti- the reason there is a strong middle cized as paltry and ineffective, treated by I’m gravely concerned about today’s class in the United States of America, companies as merely a cost of doing busi- legislative proposal. Current law recog- that they would want to attack it. We ness. nizes that workers should be able to as- need to remove obstacles to union elec- H.R. 3094 would also overturn the recent sociate with other units into any ap- tions, and we need to create ways for Specialty Healthcare decision, in which the propriate bargaining unit. This bill cre- members to join unions, not prevent NLRB applied to non-acute health care fa- ates a presumption that all workers them from being union members. cilities, mostly nursing homes, the same should be in a bargaining unit unless it community-of-interest standard that it has is proven otherwise. That’s just the re- It’s baffling to me that my Repub- traditionally applied to determine the appro- lican friends have absolutely no plans priateness of bargaining units in other indus- verse of the way law should be. to create any kind of jobs, but a care- tries. While the U.S. Court of Appeals for the It allows employers to stuff the bal- fully orchestrated plan to undermine District of Columbia upheld that standard in lot boxes with workers who are not en- the rights and protections of working 2008, the bill broadly applies a one-size-fits- gaged in the organizing drive in the people. Instead of helping people who all test in disregard of the particular needs first place, therefore likely to vote of specific industries and circumstances. The are reeling from this sluggish economy, ‘‘no.’’ bill’s newly minted test will create uncer- It also increases the chances that they work to create distractions and to tainties for the parties as this vague new create scapegoats. workers’ petition for an election will standard is repeatedly litigated. be rejected, which would cancel elec- H.R. 3094 has one goal: to empower compa- Mr. Chairman, workers deserve bet- tions because they do not obtain the 30 ter than a government of, by, and for nies which want to delay elections so they can mount one-sided, anti-union campaigns, percent signatures from this vast bar- the wealthiest 1 percent. both legal and illegal, to discourage workers gaining unit, all ways to try to thwart Vote ‘‘no’’ on H.R. 3094. from freely choosing whether or not to form the election.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18446 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 The NLRB has proposed rules which and Fairness Act’’ H.R. 3094. This anti-work- SERVICE EMPLOYEES would eliminate loopholes in current er legislation should be called the ‘‘Election INTERNATIONAL UNION, law that allow unscrupulous employers Prevention Act’’ because it would give un- Washington, DC, November 18, 2011. scrupulous employers more opportunities to DEAR REPRESENTATIVE: On behalf of more to delay elections, frustrating workers’ thwart workers’ efforts to organize and also than 2.1 million members of the Service Em- efforts to organize. This bill would es- add more delays to an already broken Na- ployee International Union (SEIU), I strong- sentially impose arbitrary delays and tional Labor Relations Board (‘‘NLRB’’) elec- ly oppose H.R. 3094, the Workforce Democ- block those pending NLRB rules to tion process. racy and Fairness Act, and urge you to vote eliminate avoidable delays. This bill was introduced in direct response against this bill when it comes to the House The fact of the matter is that that to the NLRB’s proposed rule to minimize floor for a vote. bill encourages frivolous litigation. undue delay in union elections. Instead of H.R. 3094 is yet another attack on workers’ minimizing delay, H.R. 3094 mandates it. For rights and the NLRB’s mandate to protect The original bill provided employers example, no election may occur sooner than them. We encourage you not to force Amer- with an unqualified right to consist- 35 days after filing of an election petition. ican workers to choose between their rights ently raise a new issue at any point However, there is no limit on how long an and their jobs. During these tough economic during the pre-election hearing in election may be delayed as a result of em- times, it is vital to support good-paying jobs order to drag out the hearing. This ployer claims, challenges and litigation. and protect workers’ rights to bargain col- would include any issue that may rea- Delay gives employers more time to use any lectively for better compensation. Good-pay- sonably be expected to impact the elec- means, legal or illegal, to pressure employ- ing jobs are necessary to rebuild the middle ees into abandoning their organizing efforts. class and they support job creation by bol- tion’s outcome. H.R. 3094 imposes restrictions on workers’ stering consumer demand. This bill does not limit these prob- opportunities to receive information from H.R. 3094 undermines workers’ rights by lems, but states that these issues, even unions, but does nothing to curb the power of limiting the NLRB’s ability to serve as an when immaterial to an election, are employers to force workers to listen to their adjudicator of workforce fairness and democ- considered relevant. Based on this fact, antiunion propaganda, under the threat of racy by increasing litigation and representa- a hearing could therefore go on indefi- discharge if they try to object. tion delays indefinitely; undermining a H.R. 3094 also manipulates the procedure union’s ability to communicate with work- nitely, and that’s what the purpose of for deciding who is in the bargaining unit. this is. ers; and removing employees’ right to deter- The bill encourages the ‘‘gerrymandering’’ of mine their bargaining unit. In a time when Furthermore, parties could bring up bargaining units by codifying a test that de- 54 percent of employers threaten workers issues such as economic conditions, or stroys 75 years of Board decision-making. during work time about union membership, unfair labor practices, or other items In sum, H.R. 3094 would delay and ulti- it is vital that unions have fair access to not normally considered in pre-election mately prevent union representation elec- communicate with employees about their hearings. Additionally, this bill seems tions, encourages frivolous litigation, and rights. manipulates the procedure for deciding who If passed, H.R. 3094 will disrupt 75 years of to require that the board must finish a is a bargaining unit. For the above reasons, request for review before an election NLRB experience configuring appropriate I ask that you oppose this latest attack on bargaining units. It undermines employees’ can be directed. This will encourage workers’ rights by voting ‘‘NO’’ to the ‘‘Elec- ability to form a union by removing employ- employers to file requests for review, tion Prevention Act.’’ ees’ right to self-organize bargaining units even frivolous ones, to create a backlog If you have any questions, please contact and allowing employers to manipulate the at the board and further delay elec- Matthew McKinnon, Legislative Director. pool of eligible voters for the representation tions. Sincerely, election. R. THOMAS BUFFENBARGER, Employers have the ability to drag the The current election process needs to be International President. fixed. Employers easily delay and prolong election process out at least over six months. H.R. 3094 would allow the elections to be de- elections giving themselves a unfair advantage BUILDING AND CONSTRUCTION layed even further by first reversing the to our American workers. TRADES DEPARTMENT, AMERICAN NLRB’s proposed rule to efficiently serve The fact that we are even discussing the FEDERATION OF LABOR–CONGRESS and standardize election procedures and sec- ‘‘Workforce Democracy and Fairness Act’’ is a OF INDUSTRIAL ORGANIZATIONS, ondly by allowing virtually any issue, in- mockery. There are millions of unemployed Washington, DC, November 28, 2011. cluding frivolous appeals, to be litigated in workers across the nation and yet we are here HOUSE OF REPRESENTATIVES, representation case proceedings prior to the to limit the rights of those who are employed. Washington, DC. election. During this delay, many employers DEAR REPRESENTATIVE: On behalf of the ap- hold captive audience meetings and threaten We should be here passing the American proximately 2 million skilled craft profes- workers to prevent them from exercising Jobs Act to help the unemployed. sionals who comprise the Building and Con- their democratic right to representation in A recent survey, conducted by the National struction Trades Department, AFL–CIO, I the workplace. Finally, H.R. 3094 would over- Employment Law Project, NELP, of four of the write to urge you to vote against H.R. 3094, turn 50 years of NLRB procedure regarding top job search websites—CareerBuilder.com, the Workforce Committee Democracy and the list of eligible voters provided to the Indeed.com, Monster.com, and Fairness Act. union and making it difficult for unions to This bill represents an unfair attack on communicate with workers. CraigsList.com—found over 150 job advertise- workers and the mechanisms in place that ments that specified applicants must be cur- SEIU strongly opposes H.R. 3094 and urges protect their ability to freely choose to form you to vote NO when this bill comes to a rently employed. That is simply unacceptable. a union. H.R. 3094 amends the National vote. It not only overturns the NLRB’s re- However, the provisions in the American Labor Relations Act (NLRA) to allow for ob- cent proposed rules but sets American work- Jobs Act will prevent qualified Americans, who structive delays in the scheduling of a union ers’ rights back decades. are unemployed through no fault of their own, election. This bill would mandate that work- Votes on this legislation will be added to from being unfairly screened from employment ers wait at least 35 days before voting on the SEIU Congressional Scorecard found at opportunities. joining a union once petitions have been www.seiu.org. If you have any questions, filed seeking the vote. Not only would this contact Josh Nassar, Assistant Director of For over 300 days in the House majority, flawed legislation call for delays, but H.R. the GOP has refused to put forward a clear Legislation. 3094 would also empower employers to en- Sincerely, jobs plan. Now is the time to help our workers gage in anti union campaigns to discourage MARY KAY HENRY, and not harm them. workers from making an unconstrained deci- International President. Again, I would like to reiterate my strong op- sion on whether to form a union. Mr. KLINE. Mr. Chairman, I yield 2 position to H.R. 3094 and I request my Con- Further, H.R. 3094 undermines the ability minutes to another distinguished mem- gressional colleagues to do as well. of the National Labor Relations Board to protect workers who are fired, threatened or ber of the committee, the gentleman INTERNATIONAL ASSOCIATION OF otherwise harassed because they want to ex- from Florida (Mr. ROSS). MACHINISTS AND AEROSPACE WORKERS, ercise their federal statutory right to form a Mr. ROSS of Florida. Thank you, Mr. Upper Marlboro, MD, November 28, 2011. union. Re. H.R. 3094 Workforce Democracy and Chairman, for the recognition and also This troubling and misguided attack on for bringing forth this most necessary Fairness Act. workers’ rights must be stopped. DEAR REPRESENTATIVE, On behalf of the With kind personal regards, I am, legislation. International Association of Machinists and Sincerely, I rise in support of H.R. 3094. Quite Aerospace Workers, I strongly urge you to MARK H. AYERS, simply put, the National Labor Rela- vote ‘‘NO’’ to the ‘‘Workforce Democracy President. tions Board has lost all credibility.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18447 From its anti-American attack on Boe- resentation. How long should workers With far too many Fifth District Vir- ing to its inability to allow Delta em- have to wait to be able to assert their ginians and Americans out of work, we ployees to choose their own labor fu- fundamental rights in a democratic so- must put an end to the arbitrary rule- ture, the NLRB has become nothing ciety if we really believe in democracy? making of the unelected bureaucrats more than a taxpayer-funded Big Labor Some of us believe that when a ma- that comprise the NLRB. Instead, we advocate. jority of workers want to be able to must provide our job creators the op- The Workforce Democracy and Fair- have a union, they should be able to do portunity to hire and grow without the ness Act is just what it says it is, legis- so forthwith. uncertainty caused by unnecessary and lation that, if passed, will enshrine in We believe in government of the peo- burdensome government regulations. law the rights of the American worker ple. Why then would corporations want And we must preserve the protections to both information and choice, two to block or frustrate the right of work- and freedoms that American workers things my friends on the other side of ers to be able to organize? I think it’s deserve, allowing them to participate the aisle believe in as well. pretty obvious. When workers are orga- in a full and fair election process. What is truly sad, Mr. Chairman, is nized, they have the ability to partici- I urge my colleagues to support this that taxpayers, already living under pate in being able to say what their important legislation. the burden of exploding debt and record wages are worth. So this is about Mr. GEORGE MILLER of California. unemployment, are paying the salaries wages. It’s about benefits. It’s about Mr. Chairman, I yield 1 minute to the of NLRB attorneys and administrators workplace safety, about working condi- Democratic leader, the gentlewoman to stifle employment and to ship jobs tions. from California (Ms. PELOSI). overseas. The proposed NLRB rule rem- Workers rights are human rights. Ms. PELOSI. I thank the gentleman edied by this legislation requiring elec- And this assault on the NLRB actually for yielding and for his leadership on ends up being translated into a funda- tions be held in as little as 10 days behalf of America’s working families mental assault on our democracy. If we gives workers virtually no opportunity and for bringing the opposition to this believe in a democracy, then we believe to inform themselves about their legislation to the floor today. in a right to organize, a right to collec- rights. Mr. Chairman and my colleagues, tive bargaining, a right to strike, a more than 75 years ago, President b 1500 right to decent wages and benefits, a Franklin Roosevelt signed a bill which To show just how radical this NLRB right to a secure retirement, a right for created the National Labor Relations has become, we must ask ourselves, workers to participate in a political Board and said he did so to give every when in the history of this great Re- process. worker ‘‘the freedom of choice and ac- This is America. Let’s lift up the public has shortening the time for an tion which is justly his.’’ Today we say standard of workers—not attack it by election been considered more fair? We which is justly his or hers. That was a making the day of their election and hear Members from the other side of very important moment for workers claiming a union farther and farther the aisle say that even requiring some because it said that they could nego- to show identification to vote is unfair away almost to the point of nullifica- tion. Stand up for the American work- tiate, they could bargain collectively, and restrictive. But drastically cutting giving great leverage to workers in our short the time for an election is more ers. Defeat this bill. Mr. KLINE. Mr. Chairman, I yield 2 country, and it was necessary. fair? minutes to the distinguished gen- The freedom of choice in action has As if that was not radical enough, the tleman from Virginia (Mr. HURT). rested at the core of a growing, thriv- NLRB’s decision on micro-unions over- Mr. HURT. I thank the gentleman for ing American workforce. It has created turns 30 years of successful precedent. yielding. the American middle class that has For example, at retail stores, multiple Mr. Chairman, I rise today in support made our country great and is the labor unions could target unorganized of the Workforce Democracy and Fair- backbone of our democracy. different groups of workers. Sales per- ness Act offered by Chairman KLINE, This legislation on the floor today sons, merchandise managers, depart- and I thank the chairman for his lead- undermines freedom of choice in ac- ment managers, stock clerks, and secu- ership on this issue. tion. It will weaken our middle class, rity guards could each form separate For the past 3 years, we have seen a and again weaken our democracy. unions. This will put worker against vast expansion in the size and scope of For months in Wisconsin, Ohio, and worker, and employers will spend more the Federal Government, which has re- other States nationwide, Americans time negotiating with unions than sulted in a suffering economy and job have seen Republican Governors and they do on focusing on their jobs and market and an unfriendly business en- legislatures attack teachers, fire- on their business. vironment for job creation and invest- fighters, police officers, and other pub- The question we must ask is, what ment. lic servants. We’ve seen American are they so afraid of? The answer is A recent troubling example of this workers, union and non-union alike, they’re afraid of an American worker government overreach is the National fight back, inspiring the Nation. free to work hard and earn the fruits of Labor Relations Board’s proposed rule- My colleagues on the other side of that labor. They’re afraid of the Amer- making that would alter the long- the aisle have promoted many myths ican worker given the right to choose standing precedent of procedures that about their misguided legislation their own future. I don’t know about govern union elections. These new which they’re bringing forward today anyone else, but I trust the American rules would do little more than em- and how it will impact the National worker to make the right decision. I power Big Labor bosses by restricting Labor Relations Board. So I would like don’t trust the government. employers from communicating with to clarify a few facts. Mr. GEORGE MILLER of California. their employees during the process, First, this bill mandates delay rather Mr. Chairman, I yield 2 minutes to the preventing the employees from gaining than minimizes it. It encourages frivo- gentleman from Ohio (Mr. KUCINICH). access to critical information nec- lous litigation rather than discourages Mr. KUCINICH. The right to organize essary to make informed decisions on it. It convolutes and distorts elections is a fundamental right in a democratic their votes, and diminishing the funda- rather than simplifying them. society. In fact, workers’ rights are mental rights of both employees and Simply put, this legislation would human rights. This bill seeks to frus- employers across the country. deny workers their right to a free and trate workers’ rights to an election This sort of government intervention fair election to form a union. It adds through attacking the National Labor in the workplace is an attack on our extensive delays to the process as Relations Board. economic freedom and will only pro- workers organize with the clear inten- Today workers have to wait an aver- vide more uncertainty in our economy tion of, as my colleague, Congressman age of 101 days to cast a ballot in an at a time when we are struggling to re- GEORGE MILLER, the ranking member election, 101 days to wait for union rep- cover. of the Education and Labor Committee

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18448 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 has said, wearing down workers so they tack on job-creators and an effort to enact similarly situated employees who oppose give up fighting for a better deal. It’s EFCA through administrative rulings and unionization. This effectively disenfran- an age-old tactic. It must be rejected. regulations. chises them. Prior to the decision, bar- At a time when Americans are de- While the Board’s actions have gained re- gaining units had to include employees who cent notoriety from the unprecedented at- share a ‘‘community of interest.’’ Smaller manding jobs and job growth, economic tempt by the agency’s Acting General Coun- units were only permissible where the em- growth for our country, today’s legisla- sel to mandate where and how one com- ployees in the proposed unit had interests tion is the wrong priority. We need to pany—Boeing—can operate and expand its that were ‘‘sufficiently distinct from those of be solving the problem and challenge of business, the Boeing case is just the tip of other employees to warrant the establish- creating jobs, and not adding to the the iceberg. During the last few years, the ment of a separate unit.’’ This prevented problems, as this bill would do. Board and DOL have issued a barrage of anti- swarms of small, ‘‘fractured units,’’ of simi- There is a great deal of work to be business and anti-worker decisions and rules, larly situated employees. As a result of the done to reignite the American Dream. which collectively amount to the greatest Board’s decision, businesses now face the upheaval in U.S. labor law in over 50 years. possibility of having to manage multiple, Igniting the American Dream is what The Workforce Democracy and Fairness Act small units of similarly situated employees Franklin Roosevelt did when he signed directly remedies ambush elections and with increased chances of work stoppages, as this bill and many other initiatives of micro-unions (Specialty Healthcare), which well as potentially different pay scales, bene- that era. And they corrected many ills are two of the Board’s most damaging and fits, work rules and bargaining schedules. in our economy and our society in com- outrageous actions. This will greatly limit an employer’s ability munities across the country in terms On June 21, the Board proposed a rule on to cross-train and meet customer and client of fairness and American value. ‘‘ambush elections.’’ According to Board demands via lean, flexible staffing because So we want to reignite the American Member Brian Hayes, these new procedures employees will no longer be able to perform could result in union representation elec- work assigned to other units. Employees also Dream, to build ladders of success for tions held in as few as 10 days after the filing will suffer from reduced job opportunities, as all who want to work hard and play by of a union petition. The NLRB’s own statis- promotions and transfers will be hindered by the rules, and remove obstacles to tics reveal that in 2010, the average time to organizational unit barriers. fuller participation in our economy so election was 31 days, with over 95 percent of Again, we urge you to support passage of that many more workers can partici- elections occurring within 56 days. The cur- H.R. 3094, the Workforce Democracy and pate in America’s prosperity. rent election time frames are not only rea- Fairness Act. If left unchecked, the actions sonable, but permit employees time to hear of the NLRB will fuel economic uncertainty b 1510 from both the union and the employer and and have serious negative ramifications for millions of employers, U.S. workers they This is about, again, strengthening make an informed decision, which would not be possible under the proposed timetables. In have hired or would like to hire, and con- the middle class, the backbone of our fact, the reduced time frame would leave em- sumers. democracy. Yet this legislation will ployers barely enough time to secure legal THE COALITION FOR A DEMOCRATIC have the opposite effect of eroding counsel, with little to no opportunity to talk WORKPLACE rights and opportunity. I urge my col- with employees about union representation NATIONAL ORGANIZATIONS (118) or respond to promises union organizers may leagues to vote ‘‘no.’’ 60 Plus Association; have made to secure union support, even Mr. KLINE. Mr. Chairman, I submit Aeronautical Repair Station Association; though many of those promises may be com- for the RECORD this letter from the Co- Agricultural Retailers Association; alition for a Democratic Workplace, pletely unrealistic. Given that union orga- AIADA, American International Auto- nizers typically lobby employees for months mobile Dealers Association; with 243 associations and organizations outside the workplace without an employer’s in support of this legislation. Alliance for Worker Freedom; knowledge, these ‘‘ambush’’ elections would American Apparel & Footwear Association; COALITION FOR A often result in employees’ receiving only American Bakers Association; DEMOCRATIC WORKPLACE, half the story. They would hear promises of American Concrete Pressure Pipe Associa- November 29, 2011. raises and benefits that unions have no way tion; DEAR REPRESENTATIVE: On behalf of mil- of guaranteeing, without an opportunity for American Council of Engineering Compa- lions of job creators concerned with mount- the employer to explain its position and the nies; ing threats to the basic tenets of free enter- possible inaccuracies put forward by the American Feed Industry Association; prise, the Coalition for a Democratic Work- union. Ambush elections would be particu- American Fire Sprinkler Association; place urges you to support H.R. 3094, the larly damaging to small businesses as the American Foundry Society; Workforce Democracy and Fairness Act. proposed changes would effectively eliminate American Frozen Food Institute; Congress needs to immediately pass this any measure of due process by forcing elec- American Health Care Association; much-needed legislation. The bill directly tions before most employers could even un- American Hospital Association; addresses recent and economically crippling derstand what was happening or even obtain American Hotel and Lodging Association; actions of the National Labor Relations legal advice and representation. American Meat Institute; Board (Board or NLRB). Specifically, the bill The proposal also tramples over employer American Nursery & Landscape Associa- would block the Board from moving forward due process rights. As Member Hayes noted, tion; with its ambush election proposal. If left un- the proposed rule will ‘‘substantially limit American Organization of Nurse Execu- checked, the proposal will effectively deny the opportunity for full evidentiary hearing tives (AONE); employees’ access to critical information or Board review on contested issues involv- American Pipeline Contractors Associa- about unions and strip employers of free ing, among other things, appropriate unit, tion; speech and due process rights. H.R. 3094 also voter eligibility and election misconduct.’’ American Rental Association; American Seniors Housing Association; would reverse the Board’s recent decision in The proposal would require that all pre-elec- American Staffing Association; Specialty Healthcare, which poses an imme- tion hearings occur within seven days of the American Supply Association; diate and direct threat to our economy by petition. Businesses must file a statement American Trucking Associations; opening the door to swarms of micro-unions. within those seven days setting forth their American Wholesale Marketers Associa- The Coalition for a Democratic Workplace, position on all relevant legal issues. Any tion; a group of more than 600 organizations, has issues not identified in the statement would Americans for Tax Reform; been united in its opposition to the so-called be waived forever. These unnecessary time AMT—The Association for Manufacturing ‘‘Employee Free Choice Act’’ (EFCA) and limits put enormous pressure on all busi- Technology; EFCA alternatives that pose a similar threat nesses, but like the NLRB’s ambush election Asian American Hotel Owners Association; to workers, businesses and the U.S. econ- proposal, the impact will be especially dam- Assisted Living Federation of America; omy. Thanks to the elected officials who aging to small business, who will have Associated Builders and Contractors, Inc.; stood firm against this damaging legislation, enough problems finding counsel within Associated Equipment Distributors; the threat of EFCA is less immediate this these time frames, let alone obtaining any Associated General Contractors of Amer- Congress. Politically powerful labor unions, meaningful understanding of their rights and ica; other EFCA supporters, and their allies in obligations under this complex law. Association of Equipment Manufacturers; government are not backing down, however. In Specialty Healthcare, the NLRB paved Automotive Aftermarket Industry Associa- Having failed to achieve their goals through the way for the formation of ‘‘micro- tion; legislation, they are now coordinating with unions,’’ which make it easier for unions to Brick Industry Association; the Board and the Department of Labor organize by permitting them to form smaller Building Owners and Managers Association (DOL) in what appears to be an all-out at- bargaining units that often exclude those (BOMA) International;

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18449 Center for Individual Freedom; North American Die Casting Association; Associated Builders and Contractors, Inc. Center for the Defense of Free Enterprise North American Equipment Dealers Asso- Western Washington Chapter; Action Fund; ciation; Associated Industries of Massachusetts; Coalition of Franchisee Associations; Petroleum Marketers Association of Amer- Builders Association of Northern Nevada; College and University Professional Asso- ica; CA/NV/AZ Automotive Wholesalers Asso- ciation for Human Resources; Precision Machined Products Association; ciation (CAWA); Consumer Electronics Association; Precision Metalforming Association; CAI–Capital Associated Industries Inc. (Ra- Custom Electronic Design & Installation Printing Industries of America; leigh, NC); Association; Professional Beauty Association; California Delivery Association; Environmental Industry Associations; Retail Industry Leaders Association; Carson City Chamber of Commerce, Carson Fashion Accessories Shippers Association; Snack Food Association; City, NV; Food Marketing Institute; Society for Human Resource Management; CenTex Chapter IEC; Forging Industry Association; Society of American Florists; Central Alabama Chapter IEC; Franchise Management Advisory Council SPI: The Plastics Industry Trade Associa- Central Indiana IEC; (FRANMAC); tion; Central Missouri IEC; Heating, Airconditioning & Refrigeration Steel Manufacturers Association; Central Ohio AEC/IEC; Distributors International (HARDI); Textile Care Allied Trades Association; Central Pennsylvania Chapter IEC; HR Policy Association; Textile Rental Services Association; Central Washington IEC; IEC National; The Real Estate Roundtable; Centre County IEC; INDA, Association of the Nonwoven Fab- Truck Renting and Leasing Association; Charleston Metro Chamber of Commerce; rics Industry; U.S. Chamber of Commerce; Eastern Washington IEC; Independent Women’s Voice; United Fresh Produce Association; El Paso Chapter IEC, Inc.; Industrial Fasteners Institute; United Motorcoach Association; Employers Coalition of North Carolina International Association of Refrigerated Western Growers Association. (Raleigh, NC); Warehouses; STATE AND LOCAL ORGANIZATIONS (125) Fairfax County Chamber of Commerce; International Council of Shopping Centers; A & K Earthmovers, Inc.; Greater Bakersfield Chamber of Com- International Foodservice Distributors As- American Society of Employers (Michi- merce; sociation; gan); Greater Columbia Chamber of Commerce; International Franchise Association; Arkansas State Chamber of Commerce/As- Greater Montana IEC: International Sign Association; sociated Industries of Arkansas; IEC Atlanta; International Warehouse Logistics Asso- Associated Builders and Contractors, Inc. IEC Chesapeake; ciation; California Chapter; IEC Dakotas, Inc.; Kitchen Cabinet Manufacturers Associa- Associated Builders and Contractors, Inc. IEC Dallas Chapter; tion; Central Florida Chapter; IEC Florida West Coast; LeadingAge; Associated Builders and Contractors, Inc. IEC Fort Worth/Tarrant County; Metals Service Center Institute; Central Pennsylvania Chapter; IEC Georgia; Motor & Equipment Manufacturers Asso- Associated Builders and Contractors, Inc. IEC Greater St. Louis; ciation; Chesapeake Shores Chapter; IEC Hampton Roads Chapter; NAHAD—The Association for Hose and Ac- Associated Builders and Contractors, Inc. IEC NCAEC; cessories Distribution; Delaware Chapter; IEC New England; National Apartment Association; Associated Builders and Contractors, Inc. IEC of Arkansas; National Armored Car Association; Eastern Pennsylvania Chapter; IEC of East Texas; National Association of Chemical Distribu- Associated Builders and Contractors, Inc. IEC of Greater Cincinnati; tors; Florida East Coast Chapter; IEC of Idaho; National Association of Convenience Associated Builders and Contractors, Inc. IEC of Illinois; Stores; Florida Gulf Coast Chapter; IEC of Kansas City; National Association of Electrical Dis- Associated Builders and Contractors, Inc. IEC of Northwest Pennsylvania; tributors; Hawaii Chapter; IEC of Oregon; National Association of Home Builders; Associated Builders and Contractors, Inc. IEC of Southeast Missouri; National Association of Manufacturers; Heart of America Chapter; IEC of Texoma; National Association of Wholesaler-Dis- Associated Builders and Contractors, Inc. IEC of the Bluegrass; tributors; Indiana Chapter; IEC of the Texas Panhandle; National Club Association; Associated Builders and Contractors, Inc. IEC of Utah; National Council of Chain Restaurants; Inland Pacific Chapter; IEC Southern Colorado Chapter; National Council of Farmer Cooperatives; Associated Builders and Contractors, Inc. IEC Southern Indiana Chapter-Evansville; National Council of Investigators and Se- Iowa Chapter; IEC Texas Gulf Coast Chapter; curity Services (NCISS); Associated Builders and Contractors, Inc. IEC Western Reserve Chapter; National Council of Textile Organizations Keystone Chapter; IECA Kentucky & S. Indiana; (NCTO); Associated Builders and Contractors, Inc. IECA of Arizona; National Federation of Independent Busi- Massachusetts Chapter; IECA of Nashville; ness; Associated Builders and Contractors, Inc. IECA of Southern California, Inc.; National Franchisee Association; Mississippi Chapter; IEC–OKC, Inc.; National Grocers Association; Associated Builders and Contractors, Inc. Iowa-Nebraska Equipment Dealers Asso- National Mining Association; Nevada Chapter; ciation: National Multi Housing Council; Associated Builders and Contractors, Inc. Little Rock Regional Chamber of Com- National Pest Management Association; New Mexico Chapter; merce; National Precast Concrete Association; Associated Builders and Contractors, Inc. Lubbock Chapter IEC, Inc.; National Ready Mixed Concrete Associa- New Orleans/Bayou Chapter; Manufacturer and Business Association; tion; Associated Builders and Contractors, Inc. MEC IEC of Dayton; National Restaurant Association; Ohio Valley Chapter; Mid-Oregon Chapter IEC; National Retail Federation; Associated Builders and Contractors, Inc. Mid-South Chapter IEC; National Roofing Contractors Association; Oklahoma Chapter; Midwest IEC; National School Transportation Associa- Associated Builders and Contractors, Inc. Minnesota Grocer Association; tion; Pacific Northwest Chapter; Montana IEC; National Small Business Association; Associated Builders and Contractors, Inc. NAIOP Colorado; National Solid Wastes Management Asso- Rhode Island Chapter; Nebraska Chamber of Commerce & Indus- ciation; Associated Builders and Contractors, Inc. try; National Systems Contractors Association; Rocky Mountain Chapter; New Jersey Food Council; National Tank Truck Carriers; Associated Builders and Contractors, Inc. New Jersey IEC; National Tooling and Machining Associa- South East Texas Chapter; New Jersey Motor Truck Association; tion; Associated Builders and Contractors, Inc. North Carolina Chamber; National Utility Contractors Association; South Texas Chapter; Northern New Mexico IEC; NATSO, Representing America’s Travel Associated Builders and Contractors, Inc. Northern Ohio ECA; Plazas and Truckstops; Western Michigan Chapter; NW Washington IEC;

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18450 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 Ohio Manufacturers’ Association; Mr. HOLT. I thank the gentleman for when so many of our fellow citizens Plumbing-Heating-Cooling Contractors As- yielding. want nothing more than to be able to sociation of California (CAPHCC); Mr. Chairman, today the majority is meet their familial obligations and Portland Cement Association; showing the American public again their obligations to the community, Puget Sound Washington Chapter; Rio Grande Valley IEC, Inc.; that the majority doesn’t think we when so many of our fellow Americans Rocky Mountain Chapter IEC; have a jobs crisis in America. Getting want nothing more than the most fun- Rogers-Lowell Chamber of Commerce (Ar- Americans back to work is not their damental of all family values, which is kansas); top priority. Getting the American a job, and when they look and they see San Antonio Chapter IEC, Inc.; economy back on track and creating that America is increasingly com- South Carolina Trucking Association; jobs is my first, second, and third pri- peting with other countries for work, it Southern New Mexico IEC; ority. Until the majority gets to work, is no longer just competition among State Chamber of Oklahoma; we’re not going to move this country the States. We are competing with Texas Hospital Association; Texas State IEC; forward. other countries for work. Tri State IEC; Democrats remain committed to cre- The NLRB continues to pursue an ac- Virginia Manufacturers Association; ating jobs immediately and to expand- tivist, politically motivated agenda, Virginia Trucking Association; ing educational opportunity for all thwarting economic recovery and con- Western Carolina Industries; Americans. Rather than bringing to tinuing to place our companies at a Western Colorado IEC; the floor legislation to help create competitive disadvantage worldwide. Western Electrical Contractors Associa- jobs, we’re wasting time with this at- Mr. Chairman, virtually everyone is tion; tempt to undermine workers’ rights— familiar with the most glaring example Wichita Chapter IEC. the right to organize, to have safe of NLRB overreach and union pan- I am now pleased to yield 2 minutes working conditions, fair wages. dering, which is the complaint against to another member of the committee, On Monday night, I had a town hall. Boeing. Despite not a single example of the distinguished gentleman from Indi- Not one person—not one—wanted to a job being lost in Washington State, ana, Dr. BUCSHON. talk with me about the NLRB or its despite not a single example of a work- Mr. BUCSHON. Mr. Chairman, I rise rulemaking; but many wanted to talk er losing a single benefit or right in today in strong support of the Work- about job creation and wanted to make Washington State, the NLRB sued Boe- force Democracy and Fairness Act. sure we were investing in our chil- ing, seeking to have Boeing close its In the last few years, the National dren’s education. I offered an amend- South Carolina facility, mothballing a Labor Relations Board has had a clear ment to this bill to help keep teachers $1 billion facility, displacing 1,000 bias toward Big Labor in decisions and in the children’s classrooms. I offered a workers and returning the work to rulemaking. Although this bill address- real solution to a real problem, not a Washington State. es several onerous rules and decisions special interest giveaway to big busi- Then they had the unmitigated te- from the NLRB, I would like to focus ness. Unfortunately, the majority merity, as we recently learned, to joke on one in particular. blocked my amendment on procedural about it in emails, to joke about a On August 26 of this year, the Board grounds. competitor called Airbus, which is overturned decades—let me repeat— Now, across the country, budget cuts Boeing’s number one competitor. decades of precedent with its decision and teacher layoffs have forced schools Wanting work and not getting it is not in the Specialty Healthcare case. By to reduce the days of the school year, a laughing matter. Boeing is exhibit A standing up today and voting for the to cut classes in literacy or arts or among the evidentiary reasons that the bill before us, we can stop an out-of- music or physical education, to in- NLRB has overreached its statutory control agency from causing irrep- crease class sizes, or to reduce library mission, but it is not the only piece of arable harm to industries across the hours. My amendment would have in- evidence, Mr. Chairman. Currently, Nation. The Board has decided it will vested in our workforce and our edu- union elections take place, on average, no longer determine if the interests of cational system. My amendment would within 31 days of the filing of an elec- a bargaining unit are sufficiently dif- have supported nearly 400,000 education tion petition. Additionally, unions are ferent from other current units. This jobs, enough for States to avoid the victorious more often than not when will encourage unions to create the harmful layoffs and to rehire tens of there is an election. smallest so-called ‘‘micro-unions’’ pos- thousands of teachers who lost their But that’s not good enough. The sible, and it could result in employers jobs over recent years. NLRB wants more. having to negotiate with multiple Tom, a student from East Brunswick, So they proposed sweeping changes units within their own businesses. This wrote me recently. ‘‘Teacher layoffs in to the election process, shifting the undermines a worker’s ability to make the eyes of this student is a bad thing,’’ balance of power even further towards an informed choice about whether to he said. ‘‘This past year, I had many unions seeking employees by pro- join a union, and it may potentially oversized classes.’’ moting rush elections and ruling that fractionate the workplace. Our children don’t get a second elections can take place in as little as H.R. 3094 reinstates the traditional chance to succeed in school. Our future 7 to 10 days. The Board severely limits standard for determining which em- economic growth depends on a well- the opportunities for workers to hear ployees make up an appropriate bar- educated and innovative workforce. all sides of an issue and make an in- gaining unit. This bill is about fairness That’s what we should be dealing with formed decision. Additionally, employ- for workers and employers. It returns today. My amendment would have sup- ers would only have 7 days to retain the Board to the precedent that it has ported our children. This flawed bill ig- legal counsel and decipher the complex operated under for the last 20 to 30 nores those pleas for help. labyrinth of Federal labor law before years under both Republican and Mr. KLINE. Mr. Chairman, I am very presenting their cases before an NLRB Democratic administrations. Return- pleased to yield 4 minutes to another hearing officer. ing to this precedent will provide cer- distinguished member of the com- So Education and the Workforce tainty and clarity to workers and em- mittee, the gentleman from South Chairman JOHN KLINE smartly intro- ployers, and it will undo the biased be- Carolina (Mr. GOWDY). duced H.R. 3094, the Workforce Democ- havior of the current Board. Mr. GOWDY. I want to thank Chair- racy and Fairness Act, to simply level I support this bill, and I urge my col- man KLINE not only for yielding but the playing field. This legislation re- leagues to do the same. also for his leadership on this and on so quires that no union election occur in Mr. GEORGE MILLER of California. many other issues on the Education less than 35 days, thus granting all par- Mr. Chairman, I yield 2 minutes to the and the Workforce Committee. ties the ability to present their argu- gentleman from New Jersey (Mr. Mr. Chairman, when so many of our ments and ensuring workers have the HOLT), a member of the committee. fellow citizens are looking for work, ability to reach an informed decision.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18451 H.R. 3094 acknowledges that full and cerate the right to collective bar- Mr. GEORGE MILLER of California. complete information is treasured gaining. It is time to stop these at- I yield 1 minute to the gentlewoman when employees are contemplating tacks on basic American rights. It’s from California (Ms. WATERS). how they will vote. time to roll up our sleeves and get to Ms. WATERS. Mr. Chairman, I rise in Ironically, some unions have already work on creating jobs, reducing the strong opposition to the Workforce De- endorsed President Obama in an elec- deficit, and restoring economic growth mocracy and Fairness Act. tion that is well nigh a year off; but to this Nation. This bill would severely undermine somehow 31 days is too long for em- Say ‘‘no’’ to this legislation. workers’ rights to organize and, if im- ployers in an election that’s every bit Mr. KLINE. Mr. Chairman, I yield 2 plemented, will eventually silence and as important to them. The hypocrisy minutes to another member of the end unions as we know them. and blind advocacy has to stop. committee, the distinguished gen- Congressman GEORGE MILLER was The purpose of the NLRA is to bal- tleman from Pennsylvania (Mr. correct in referring to this bill as the Election Prevention Act. H.R. 3094 ance the rights of employers, employ- PLATTS). would require the National Labor Rela- ees, and the general public. The NLRA Mr. PLATTS. I appreciate the gen- tions Board to hear useless and trivial is not calculated to drive up union tleman yielding. Mr. Chairman, I cosponsored and rise appeals from companies in order to membership, because they’re a loyal today in support of H.R. 3094 because it stop elections. This is an outright as- constituency for the Democrat Party. aims to restore key protections to the sault on middle class workers and the Because the NLRB through its filings American workplace, protections for families they support. and proposed rules and regulations has both workers and their employers from The middle class is in decline. A CBO lost all pretense of objectivity in labor overreach by the National Labor Rela- report found that between 1979 and issues, fair, even-handed pieces of legis- tions Board. 2007, the top 1 percent of earners expe- lation, such as this one, are necessary. This important legislation intends to rienced income growth of 275 percent. b 1520 protect job growth by deterring harm- That’s the top 1 percent, while the mid- dle-income earners saw only 40 percent Mr. GEORGE MILLER of California. ful NLRB regulations. The NLRB’s re- in growth over the same period. Statis- I yield 2 minutes to the gentlewoman cent notice of proposed rulemaking tics like these are startling and paint a from Connecticut (Ms. DELAURO). would significantly alter NLRB union election procedures, thus undermining distinct picture of this country as one Ms. DELAURO. Mr. Chairman, this that is quickly evolving into a two- legislation will delay workers’ at- the rights of employers and employees alike. The proposed rules will unac- tiered society with no room at the top tempts to unionize and will deny Amer- at all for the middle class. icans their fundamental right to bar- ceptably shorten the time between the filing of a petition and the election The Workforce Democracy and Fair- gain collectively. ness Act is nothing more than an out- In the next 3 weeks, we have jobs leg- date, which will limit the opportunity for a full hearing of contested issues, right assault on the middle class. If islation to consider, middle class tax this misguided and dangerous legisla- cuts and unemployment benefits to ex- including the appropriate bargaining unit, voter eligibility and election mis- tion is passed, you will see an even tend, a 2012 budget to pass. The Labor, conduct. more rapid decline of the middle class Health and Human Services, Education I share the concerns of my constitu- in our country. I urge all Members of Appropriations Subcommittee has not ents regarding the shortened time- the House to rebuke this misguided even seen a bill yet; and yet just as frame for union elections and the po- legislation and instead focus on poli- they have all year long, the majority tential it may have on an employer’s cies that will encourage and facilitate has chosen to waste precious time— ability to communicate with his or her job growth. time that we should be spending on the own employees regarding unionization. Mr. KLINE. Mr. Chairman, may I ask people’s business—to continue their H.R. 3094 aims to ensure that employ- how much time remains. The CHAIR. The gentleman from misguided war against workers’ rights. ers and employees are able to partici- Minnesota has 6 minutes remaining, Once again, the majority has put for- pate in a fair union election process by and the gentleman from California has ward a bill that has no other purpose providing 14 days for employers to pre- than to roll back hard-won gains by 93⁄4 minutes remaining. pare their case to present before the Mr. KLINE. I reserve the balance of American workers and erode the right NLRB, providing employees with at of collective bargaining in this coun- my time. least 35 days to deliberate over the pros Mr. GEORGE MILLER of California. try. The legislation before us attempts and cons of unionizing prior to voting to deny the right to form a union by Mr. Chairman, I yield 2 minutes to the on this issue, discouraging the so- minority whip, the gentleman from imposing excessive delays on the proc- called practice of ‘‘ambush elections,’’ ess, stifling the flow of information to Maryland (Mr. HOYER). and guaranteeing the right of employ- Mr. HOYER. I thank the gentleman workers, and looking the other way ers to discuss the pros and cons. for yielding. while workers’ rights are being vio- This legislation is not about whether Mr. Chairman, I rise in strong opposi- lated. employees should have the right to tion to this misnamed bill, which How long is this majority going to unionize. As a former Teamster mem- would promote neither democracy nor persist in this wrong-headed crusade ber who worked his way through col- fairness in the workplace. Now, I have against hardworking American men lege, I certainly strongly support that just been on this floor a few minutes, and women, the same hardworking men right. This legislation is about giving but it is ironic that I have heard speak- and women who built the middle class employees a fair and deliberate oppor- er after speaker in favor of this bill but of this Nation? Last month the CBO tunity to make that decision, one of who vote consistently against working found that wages have stagnated in the most important decisions they’ll men and women’s right to organize and this country and median income has make in their life, because it deals bargain collectively. fallen in recent times, even as the in- with their livelihood. Ironic, perhaps, the right of workers come of the top 1 percent has tripled. It Outside of family matters and health to organize and bargain collectively for is no coincidence that this has hap- concerns, deciding where you work and better and fairer conditions has been pened while union membership has de- in what type of environment you work protected by our laws since the era of creased. But the majority persists in is going to be probably more important the New Deal, which was opposed by so trying to squeeze middle class workers than anything else you do related to many. and accelerate this race to the bottom. your career. What this legislation says This legislation is part of an agenda, This is not the American way, and it is we think employees should have a frankly, that the Republican Party is not what the American people want. fair opportunity to make that decision. continues to pursue, which no econo- In Ohio last month, they rejected yet I support this legislation and urge a mist believes creates jobs in the com- another Republican attempt to evis- ‘‘yes’’ vote. ing year. This bill before us won’t do

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This bill, if passed, trying to protect elections, there’s all heard time and time again by my col- would actually make the organization about you can’t have an election be- leagues that the NLRB is an advocate process even longer, less efficient, and fore, but there’s nothing in this legisla- for unionism; it’s an advocate for Big more litigious. It would drag out union tion you have to have an election by. Labor; it’s nothing more than over- elections so that the deck is stacked That would perhaps be more credible, if reaching and trying to create unions. even higher against American workers. it said not sooner than this, but not For those who believe that, I ask you But the truth is unions have been at later than this. to look at the American workforce. the forefront of workers’ rights for That would show that you really What percentage, since the NLRB is over a century in the United States. wanted to pursue elections for working creating all of these unions and is over- They’ve been instrumental in achiev- men and women so they could organize reaching, what percentage of the Amer- ing the 40-hour work week, the right to and bargain collectively for pay and ican workforce is working under a collectively bargain, safer workplaces, benefits and working conditions. union agreement right now? The an- and the guarantee of compensation for swer is 11 percent. injuries sustained on the job. They b 1530 So if those guys are in the tank, the have created an entire generation of But it doesn’t say that. It says you NLRB is in the tank for creating middle class Americans and helped simply can’t have it before. It never unions, they’re batting about 110. build the most prosperous country in says you have to have it. It never says They’re doing a lousy job. I’ve heard a the world today. I think we’d all agree you can’t delay it by suit after suit lot about 31 days for an average elec- that unions have made the American after suit. It never says you’ve got to tion. That’s where the union and the workforce stronger. get to issue. It never says you’ve got to employer agree; it’s 31 days. If the So how can legislation that makes it give the employees the right by a cer- union and the company don’t agree, harder to form unions strengthen the tain date. it’s over 100 days. American workforce? If someone has The CHAIR. The time of the gen- I urge my colleagues to vote against an answer, I’d like to know. If not, tleman has expired. this bill. This is an attack on the mid- then let’s get back to the job of cre- Mr. GEORGE MILLER of California. dle class in America. We need to put ating jobs for the American people, I yield the gentleman an additional 1 people to work instead. strengthening the economy, and cre- minute. Mr. KLINE. I continue to reserve the ating more jobs for these people. I urge Mr. HOYER. This bill before us won’t balance of my time. Members to vote ‘‘no’’ on this bill. do anything to help the economy or Mr. GEORGE MILLER of California. Mr. KLINE. I continue to reserve the create jobs, as I said. I continue to Mr. Chairman, I yield 1 minute to the balance of my time. have the strongest faith in the Amer- gentleman from Missouri (Mr. CARNA- The CHAIR. The gentleman from ican worker, that they are the most HAN). Minnesota has 6 minutes remaining, Mr. CARNAHAN. Why aren’t we talk- talented and most productive in the and the gentleman from California has ing about jobs today? We are here on 3 world. We should not be rolling back 3 ⁄4 minutes remaining. the floor to talk about this bill, this Mr. GEORGE MILLER of California. their protections. Instead, we should so-called Workforce Democracy and Mr. Chairman, I yield 1 minute to the focus on helping to get more Ameri- Fairness Act. Not surprisingly, it is gentleman from Minnesota (Mr. ELLI- cans back to work. neither democratic nor fair. It is, in SON). And as for the NLRB, the real trau- fact, a blatant attack on workers’ Mr. ELLISON. This particular piece ma is it is now a pro-worker and em- rights, the latest in a long line of Re- of legislation that undermines unions ployer NLRB, as opposed to simply a publican assaults on workers. This makes it more difficult to organize and pro-employer NLRB. That’s the prob- time the right wing is attacking the generally frustrates American working lem you have. very right to organize. men and women from organizing on the The courts ought to ensure equal Labor unions helped create the mid- job takes place just a few weeks after treatment. The NLRB ought to ensure dle class and build the American the Republican majority was trying to equal treatment. It has not been doing dream. They helped establish for all take down the Clean Air Act and the that for some period of time; and now, American workers much-needed pro- EPA. When you look at the Republican in my view, it is. God bless them. tections and bargaining rights for job approach, their argument seems to That’s what they should do. wages and workforce conditions. This be that workers and people who want Employers and employees ought to bill would undo that progress. to breathe are the problem with the get a fair shake and a fair election, and The anti-worker bill would also em- American economy. People who want I agree with that premise. Timing is power employers to engage in anti- to drink clean water and breathe clean obviously of concern to both parties. I union campaigns and weaken the air and people who want to have some would hope we would defeat this bill, NLRB and their ability to protect peo- rights to the job, they’re the reason and then if we want to talk about as- ple from unfair treatment at work. why the American economy doesn’t suring elections, let us do so to protect Just as voters in Wisconsin and Ohio work. Well, that happens to be about 99 democracy and protect workers. stood together to stop the Republican percent of us, Mr. Chairman. Mr. KLINE. I continue to reserve the assault on workers, today I stand here I hope that as people are watching balance of my time. on the floor against yet another as- this debate on this floor today, that Mr. GEORGE MILLER of California. sault on working families. When will they’re taking careful note of who is on Mr. Chairman, I yield 1 minute to the we get beyond yet another Republican the side of the American worker, who gentleman from Massachusetts (Mr. sideshow and get back to talking about is on the side of Americans trying to LYNCH). jobs? breathe and to have clean air. And Mr. LYNCH. I thank the gentleman Mr. KLINE. I continue to reserve the what in the world does getting rid of for yielding. balance of my time. the Clean Air Act and gutting unions I come before you as an ironworker Mr. GEORGE MILLER of California. have to do with making American jobs? for 18 years before coming to Congress. I yield 1 minute to the gentleman from The fact is the Republican majority I actually practiced before the Na- New York (Mr. CROWLEY). is abandoning their responsibility to tional Labor Relations Board, and I’ve Mr. CROWLEY. Mr. Chairman, I rise create jobs, and I hope the American actually represented a number of in strong opposition to the so-called worker is watching today.

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TRANSPORTATION TRADES Board, H.R. 3094 would actually mandate ers’ rights and demanding action on jobs, Re- DEPARTMENT, AFL–CIO, delays, giving companies more power to wear publicans in Washington are continuing Washington, DC, November 29, 2011. down support for the union and creating new their overreach against working families. DEAR REPRESENTATIVE: On behalf of the opportunities for stalling elections. The re- Their latest effort to roll back workers’ Transportation Trades Department, AFL– sult of this bill will be to make workers wait rights is H.R. 3094, which should be called the CIO (TTD), I urge you to vote against the months, perhaps years before they are al- ‘Election Prevention Act.’ The bill’s singular Workforce Democracy and Fairness Act lowed to vote on whether to form a union. goal is to delay and ultimately prevent (H.R. 3094) when it is considered by the The bill would also destroy 75 years of NLRB workers from voting in workplace elections. House of Representatives this week. Despite case law that has governed the appropriate- The Republican agenda’s obsession with its misleading title, this bill has nothing to ness of bargaining units, giving companies busting workers’ unions comes at the ex- do with ‘‘democracy’’ or ‘‘fairness’’ but in- more power to gerrymander the eligibility of pense of rebuilding the middle class and get- stead is intended to interfere with a worker’s voters in a union representation election in ting America back to work. basic right to freely decide whether or not to order to unfairly skew the results. H.R. 3094 favors wealthy special interests be represented by a union under the National Under H.R. 3094, no election may occur at the expense of Americans’ rights in the Labor Relations Act (NLRA). Instead of sooner than 35 days after the filing of an workplace. wasting time on bills that would make it election petition, even if all parties agree to These rights helped to create the American hard for workers to negotiate for fair wages an earlier date. But the bill does not limit middle class in the last century. In recent and good jobs, Congress should focus on help- how long an election may be delayed as a re- decades, the erosion of these rights has ing the 14 million Americans looking for sult of employer claims, challenges and liti- helped to lower families’ paychecks, decrease work every day. gation. The bill would mandate a full pre- health and retirement security, and widen H.R. 3094 would complicate and delay the election hearing on any ‘‘relevant and mate- the gap between rich and poor. union election process. Specifically, the bill rial’’ issue, broadly defined to include vir- A key to growing and strengthening our creates a mandatory waiting period of 35 tually any issue, even those that are not in nation’s middle class is empowering Ameri- days after the filing of an election petition, dispute and not material to the appropriate- cans to bargain for more of the wealth they even if the employers and employees agree ness of the bargaining unit. By incentivizing create, not stripping them of rights. to an earlier date. This waiting period is de- marathon pre-election hearings, the bill The ‘Election Prevention Act’ denies work- signed to give unscrupulous employers time would reward wasteful litigation and in- ers’ right to a free and fair election in three to mount aggressive campaigns to pressure crease taxpayer costs by requiring findings key ways: on unnecessary and extraneous issues. The ‘Election Prevention Act’ bill man- workers into abandoning their organizing ef- In a further effort to deny workers their dates delay, rather than minimizing undue forts. At the same time, the bill does nothing right to choose whether to form a union, delay in elections. The bill’s overarching to limit how long an election can be delayed, H.R. 3094 imposes restrictions on workers’ concern is that workers’ choice be postponed leaving the door open for employer claims, opportunities to receive information from with mandatory and arbitrary waiting peri- challenges and litigation that could prevent unions, but does nothing to curb the power of ods. For instance, no election may occur fair elections from being held for months or companies to force workers to listen to their sooner than 35 days after the filing of a peti- years after a petition is filed. Moreover, this anti-union propaganda, under the threat of tion. However, there is no limit on how long legislation encourages wasteful litigation by discharge if they try to object. Moreover, it an election may be delayed. Delay gives un- mandating a full pre-election hearing on any fails to protect workers who are fired, scrupulous employers more time to use any broadly defined ‘‘relevant and material’’ threatened, or interrogated because they means, legal or illegal, to pressure employ- issues. The result would be to incentivize want to exercise their federal statutory right ees into abandoning their organizing efforts. time-consuming pre-election hearings, and to form a union. In fact, current remedies for Rather than discouraging frivolous litiga- increase taxpayer costs. well-documented, wide-spread violations of tion, the Election Prevention Act encourages This legislation would also make it more workers’ rights have been regularly criti- it. The bill incentivizes a mountain of litiga- difficult for workers to choose to form a cized as paltry and ineffective, treated by tion for the sole purpose of gumming up the union and tip the scales further toward em- companies as merely a cost of doing busi- election process and stalling any vote. This ployers in the election process. Additionally, ness. will create a massive backlog of cases, in- the bill would allow employers to effectively H.R. 3094 would also overturn the recent cluding frivolous ones, on the taxpayer’s gerrymander the bargaining unit to artifi- Specialty Healthcare decision, in which the dime. cially create a workforce that is more likely NLRB applied to non-acute health care fa- The ‘Election Prevention Act’ bill manipu- to reject union representation. cilities, mostly nursing homes, the same lates the procedure for deciding who is in a H.R. 3094 is nothing more than an attack community-of-interest standard that it has bargaining unit. Employers would get an on the right of America’s workers to collec- traditionally applied to determine the appro- edge in preventing an election from ever tively bargain. At a time when unemploy- priateness of bargaining units in other indus- being triggered by gerrymandering elections ment remains high, and our economy con- tries. While the U.S. Court of Appeals for the through stuffing the ballot boxes with voters tinues to struggle, this legislation is an un- District of Columbia upheld that standard in who were never engaged by the organizing fortunate distraction from what the Amer- 2008, the bill broadly applies a one-size-fits- drive. And, although employers already have ican people need: job-creating legislation all test in disregard of the particular needs the information, this bill would require that that invests in our nation’s aging transpor- of specific industries and circumstances. The voter information be hidden from those sup- tation system while helping our economy re- bill’s newly minted test will create uncer- porting a union until right before the elec- cover. Please vote against H.R. 3094 and tainties for the parties as this vague new tion. stand up for America’s workers. standard is repeatedly litigated. Sincerely, H.R. 3094 has one goal: to empower compa- Mr. KLINE. I continue to reserve the EDWARD WYTKIND, nies which want to delay elections so they balance of my time. President. can mount one-sided, anti-union campaigns, Mr. GEORGE MILLER of California. both legal and illegal, to discourage workers Mr. Chairman, I yield myself the bal- AMERICAN FEDERATION OF LABOR from freely choosing whether or not to form ance of my time. AND CONGRESS OF INDUSTRIAL OR- a union. At a time when more and more ex- The CHAIR. The gentleman is recog- perts are recognizing that middle class in- GANIZATIONS nized for 23⁄4 minutes. Washington, DC, November 28, 2011. comes are falling in tandem with the declin- Mr. GEORGE MILLER of California. Hon. JOHN P. KLINE, ing rate of union membership. Congress should be finding ways to protect workers’ If anybody thinks that this is just a Chairman, House Education and the Workforce, technical change, let’s understand Rayburn House Office Building, Wash- freedom to form a union, not throwing up ington, DC. roadblocks to the exercise of this funda- what has gone on since the Republicans Hon. GEORGE MILLER, mental right. have taken control of the House. The Ranking Minority Member, House Education Sincerely, first effort was they cut $50 million out and the Workforce, Rayburn House Office WILLIAM SAMUEL, of the NLRB account. Then there was Building, Washington, DC. Director, Government Affairs Department. an amendment on this floor to try and DEAR CHAIRMAN KLINE AND RANKING MINOR- THE ELECTION PREVENTION ACT zero out the money for the NLRB. Then ITY MEMBER MILLER: On behalf of the AFL– FACTS ON THE REPUBLICANS’ H.R. 3094 they passed a rule that said that you CIO, I urge you to vote against H.R. 3094, the could retaliate against workers and Workforce Democracy and Fairness Act, (Prepared by the House Committee on Edu- when it is considered by the House of Rep- cation and the Workforce Democrats, No- you could move work away from those resentatives. Masquerading as a bill to pro- vember 2011) workers. You could outsource it, and tect the status quo with respect to elections While Americans across the country are re- they enshrined the right to outsource supervised by the National Labor Relations jecting the special interest attacks on work- work to retaliate against workers. And

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18454 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 now we have the effort to try and pre- Mr. KLINE. Mr. Chairman, I yield the Workforce Democracy and Fairness vent elections from taking place. This myself the balance of my time. Act. If you support a worker’s right to is a systematic effort joined in by a Let’s clear up a few things today make an informed decision in a union number of States and the Republicans we’ve heard in this debate. It’s very in- election, then support the Workforce in this Congress to take away the teresting. We clearly have a different Democracy and Fairness Act. If you rights of workers at the workplace in view, there’s no question about it. support giving workers a say in the America, the basic rights that have We’ve heard repeatedly that this bill personal information, Mr. Chairman, built the middle class. strips workers of their rights. Some- available to union leaders, then sup- And while they’ve continued this times my colleagues confuse workers port the Workforce Democracy and campaign against the NLRB, thank with Big Labor leaders. This bill in fact Fairness Act. And if you support rein- God the NLRB has continued to work protects workers’ rights—union work- ing in an activist NLRB and reaffirm- because we see today that a settlement ers’ rights, nonunion workers’ rights. ing Congress’ responsibility to write has been reached in the Boeing case, The proposed regulations—which ap- the law, then support the Workforce and you don’t get to retaliate against parently are under modification, as we Democracy and Fairness Act. workers. The new 737 work will go to speak, from the NLRB—were in fact an I urge my colleagues to stand by our Washington; the 787 will continue to go attack on workers’ rights, a demand workers and their employers by sup- to South Carolina. The NLRB worked that more personal information be pro- porting this simple, commonsense leg- that agreement out between employer vided union organizers whether or not islation. and employee. And let’s remember, the workers approved of that, and I yield back the balance of my time. Boeing is on the record they didn’t sup- shrinking the amount of time that Ms. MCCOLLUM. Mr. Chair, I rise today in port the legislation that was put on in workers might have to make a decision strong opposition to the so-called ‘‘Workforce behalf of their name. So that worked on one of the most important aspects Democracy and Fairness Act’’ (H.R. 3094). The changes to union election procedures out. in their life to as little as 10 days. This promoted in this bill are the exact opposite of And just a few minutes ago, the bill protects workers’ rights and makes the kind of fair and democratic policies that NLRB apparently voted on a com- sure they have time to make this im- our working families need. Instead of focusing promise rule dealing with elections. portant decision. on job creation and the revitalization of our And so that compromise rule hopefully We’ve heard today that bargaining middle class, the Republicans in this chamber will now become a permanent rule and units would be gerrymandered by em- ployers. In fact, this bill puts us back are once again promoting legislation that un- that will go forward. That’s what the dermines the rights of American workers. to the standards that have been in NLRB does: It works out these arrange- This proposed legislation would limit the place for decades to make sure that ments between employers and employ- ability of the National Labor Relations Board to ees over these issues about how the workplaces aren’t fractured and frag- interpret our nation’s labor laws and to protect American workplace will be managed, mented and you have worker against worker’s right to unionize. For over 75 years, but it does not strip away the basic worker, worker against employer, the National Labor Relations Act has guaran- rights of workers to choose to join a making it harder for employers to run teed the rights of employees to organize and union. It does not allow you to retali- an effective business, making it harder bargain collectively, or to refrain from such ac- ate against the union. for them to have confidence to hire tivity if they choose. During the New Deal, our Americans. b 1540 predecessors in this body created the National We’ve been told that we’re wasting Labor Relations Board as an independent It does not allow you to delay elec- time today and that we ought to be agency charged with the oversight and en- tions to such a point that you finally having a jobs bill, which apparently forcement of these rights. H.R. 3094, which beat the union into submission or peo- means spending more borrowed money. overturns the rulings of the NLRB, undermines ple give up, they get dispirited and We’re already borrowing 42 cents on its charge to maintain fair and democratic rela- move away. It doesn’t allow that. every dollar, Mr. Chairman, that we’re tionships between unions and employers. That’s the basic labor law of this coun- spending now, and yet apparently you This legislation allows the problem of pro- try. can’t create a job in this country un- longed delays in union elections to continue So today the NLRB, working with less government does it with borrowed unchecked by adding mandatory and arbitrary employers and employees, has re- money. Well, we disagree. waiting periods. It seizes from workers the affirmed that principle. Today in this We think, we believe that we have right to determine their own representative House, they continue the effort to try been moving legislation in this House membership groups, which would allow un- to strip workers of their rights. They which will in fact help American job scrupulous businesses to suppress election continue the effort in light of the evi- creators put Americans back to work. drives and vote down union representation. It dence that these things get worked out One of the obstacles is confusion. It’s would also make it possible for irresponsible in the workplace. Yes, these are con- uncertainty. It’s worry about the regu- and frivolous litigation to endlessly delay the tentious. They’re big issues. But we latory climate and what is coming election process, effectively barring workers have a vehicle that’s 75 years old that down the path. from their fundamental right to collective bar- has worked well on behalf of this econ- The President of the United States gaining representation in the workplace. omy. Not only did it build the middle has said this economy needs a jolt, Mr. Supporting and protecting America’s work- class in this country, it also built one Chairman. I disagree. It needs cer- ers is an essential part of rebuilding our econ- of the largest economies. Why? Because tainty. It needs predictability. Em- omy and ensuring that all families and com- we have the most productive workers ployers, employees, and consumers munities share in our nation’s prosperity. Our in the history of the world industry need confidence in the future. They middle class was built on the rights and safe- after industry after industry, however don’t need to be jerked. guards that labor unions fought to obtain. you measure it. The distinguished minority whip said From the 40 hour workweek to ending child Why aren’t our steelworkers com- the NLRB ought to be fair. He said em- labor, union representation has helped to petitive with China? Because our ployers and employees ought to get a guarantee rights that many of us take for plants are cost competitive on ton of fair election. I couldn’t agree more. granted today. Unions negotiate for safe work- steel, but when you manipulate the Employers and employees ought to ing conditions, living wages, and basic bene- currency, our people can’t win. But our have a fair shake. They ought to get a fits that impact all workers. Efforts to decrease workers continue to be there every fair election. And that’s what this bill the power of collective bargaining in this coun- day. And now, thank you to the work does. try in recent decades have been accompanied of the NLRB working out these ar- So the choice today is pretty simple. by an erosion of workers’ benefits and greater rangements, the NLRB will continue to If you support an employer’s right to income inequality. This year in Wisconsin and be there every day for employers and speak to his or her employees during Ohio, we have seen voters reject recent at- employees to settle their differences. an organizing campaign, then support tempts to strip away the rights of government

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00040 Fmt 0688 Sfmt 9920 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18455 workers, and we should likewise reject this at- proposed rules to streamline the election proc- our vulnerable economy. Instead of utilizing tempt to limit access to these rights for those ess and use modern administrative measures our limited time on the House floor to consider in the private workforce. to improve communication between all parties real solutions to the economic problems we This bill does nothing to protect and support involved—the workers, employers, unions, and are facing today, this legislation seeks only to working families, and I urge my colleagues to the Board. It does this because the more pro- exploit these difficult times in order to advance stand up for workers rights and oppose this tracted the delays during an election process, a Republican ideological agenda against union bill. the greater the chance workers will give up organizing and the National Labor Relations Mr. TOWNS. Mr. Chair, H.R. 3094, is a bill demanding a union and the power to bargain Board (NLRB). more aptly named the Election Prevention collectively. The goals of this legislation are simply to Act—not the Workforce Democracy and Fair- A basic American value is that we should all undermine the ability of American workers to ness Act. There is nothing particularly fair be able to choose how and with whom to form organize and bargain collectively. H.R. 3094 about a bill intended to diminish the right of into an association for the purpose of voicing will create barriers to union elections through private-sector workers to organize union elec- our interests and views. This same idea that waiting periods and more stringent criteria, di- tions, promote delays for the sake of delays, we ought to be able to choose how and with lute voter pools, and disproportionately tip the and encourage unnecessary litigation. At a whom to form a community of interests is en- scales of power in favor of employers. time when American workers are suffering shrined in the National Labor Relations Act. We have seen similar attempts to disarm from layoffs, unemployment, and stagnant The bill before us seeks to deprive workers of the NLRB in this Congress before, also decep- wages it is quite simply irresponsible to roll- this basic right so fundamental to our under- tively titled to deliberately mislead the Amer- back basic labor protections. This bill does standing of democracy by giving employers ican people. The Protecting Jobs from Gov- nothing to put the country back on a track of the power to determine who should be in- ernment Interference Act, which I opposed, sustained economic growth. Instead of pre- cluded in an ‘‘appropriate’’ bargaining unit in- sought to gut the NLRB of its authority en- serving the ability of workers to unionize and stead of allowing people to decide for them- tirely. Under the guise of protecting jobs, this demand fairer wages, this legislation will keep selves. This is unacceptable. bill also sought purely to advance a partisan wages low and economic recovery stagnant. Supporting this bill means contradicting our agenda. We should be working together to identify basic values about fair representation, ignoring It is these same partisan tactics that are ways to keep people employed and providing the message that Americans have sent re- preventing this Congress from making any sig- more Americans with opportunities to return to garding their wish to retain their rights in the nificant progress on the real important issues work. We should not be spending valuable workplace, and putting ideology above the at hand. time contemplating measures that make work- need to create employment. Voting for this bill Mr. Chair, it is shameful that my Republican ers weaker and more vulnerable to unemploy- will not only hurt our chances of an economic colleagues insist on bringing such partisan ment or unfair compensation for their hard recovery—it is equivalent to cutting people’s bills such as H.R. 3094 to the House floor. At work. In the state of New York, which has the rights and preventing them from securing a this critical time for our economy, it is abso- highest rate of union membership, the 7.9 per- fair portion of the wealth they have created. lutely vital that we spend our time construc- cent rate of unemployment is well below the I urge my colleagues on both sides of the tively to work toward shoring up our economy national average and the latest statistics show aisle to vote ‘‘no.’’ and creating jobs here at home. Instead, they it is decreasing. Nation-wide, between 2004– Mr. DINGELL. Mr. Chair, I rise in strong op- have demonstrated that radical ideology is a 2007 unionized workers enjoyed wages 11.3 position to H.R. 3094, the Workforce Democ- more important priority than compromise in the percent higher than workers with similar char- racy and Fairness Act. This bill should be de- name of finding real solutions to our nation’s acteristics who did not belong to a union. The feated because it does nothing to help create problems. more money workers have, the more they jobs or put this country back on the path to Mrs. MALONEY. Mr. Chair, I rise today to spend, and the more consumer demand sustainable economic recovery. Rather, H.R. oppose yet another attempt at rolling back grows. And yet, here we are considering a 3094 is an unconscionable assault on the right workers’ rights, H.R. 3094, the Election Pre- measure designed to prevent union elections of every American worker to organize, a right vention Act. This assault on union employees across the nation and depress wage growth, that I have defended for my entire congres- is anti-democratic and harmful to the American instead of contemplating legislation to create sional career. middle class. Instead of legislation to create teacher jobs, construction jobs, and economic The Workforce Democracy and Fairness Act jobs and to grow the American workforce, the reforms to address the deep structural causes is a partisan reaction to a recent rulemaking House Majority is attempting to undermine of persistent unemployment. by the National Labor Relations Board (NLRB) worker protections and put workers at risk. There is a good reason why people do not concerning union elections. This one-sided bill It is a strength of our democracy that em- want to see their labor rights trumped. Our carries on in the fine Republican tradition of ployees have the freedom and the federal rights in the workplace are the basis for the stifling any attempt of working men and statutory right to choose whether or not to be middle class. These rights were essential to women to gain any leverage on management represented by a union. However, this legisla- securing higher paychecks for everyday peo- by unionizing. This frightens my Republican tion would effectively end collective bargaining ple, and obtaining health and retirement secu- colleagues to no end, and while they will tell rights by putting power exclusively in the rity for the average worker. At a time when we you that H.R. 3094 allows workers equal op- hands of employers. It gives employers the are facing the possibility of deep cuts in portunity to hear both sides of the story, the ability to delay indefinitely a union election, al- health, education, and social security it is all hard truth of the matter is it will not. The bill lowing for intimidation and harassment of em- the more imperative that we keep in place we consider today allows employers to use all ployees. It does nothing to protect workers whatever power people have to demand a fair manner of litigious rascality to postpone union who are fired, threatened, or interrogated for compensation and a fairer share of the wealth elections and fire workers for objecting to hav- exercising their right to form a union. It also we create through diligent work. Workers ing to listen to anti-union propaganda. That is prevents individuals to choose the coworkers should be empowered to bargain for a bigger neither democratic nor fair, and is certainly with whom they wish to seek representation. share of the wealth they create; they have undeserving of our support at a time when our Furthermore, this legislation incentivizes earned it. But this is not what this legislation country’s middle class is being decimated. wasteful litigation prior to union elections and is interested in doing. It would rather protect Vote down this bill, and stand up for Amer- would increase taxpayer costs by creating a employers at the expense of employees, ica’s working families. backlog of required findings on superfluous which history has shown will not distribute the Ms. EDDIE BERNICE JOHNSON of Texas. issues. wealth created by the workers. Mr. Chair, I rise today in opposition of H.R. Unions have helped to improve the wages The main purpose of H.R. 3094 has nothing 3094, the Workforce Democracy and Fairness and working conditions of all Americans and to to do with democracy and fairness in the Act. Contrary to what the title suggests, there grow the American middle class. This war on workplace. Making elections difficult or almost is nothing democratic or fair about this biased union employees that is being waged in states impossible, whether it be in society or the attempt to weaken labor unions and hurt work- across the country and here on Capitol Hill workplace, is neither democratic nor is it fair. ing families all across the country. must not continue. It is time for us to turn our The Election Prevention Act preemptively This partisan bill does nothing positive for efforts to strengthening protections for Amer- blocks the National Labor Relations Board’s the high unemployment rate in this country or ican working men and women as well as to

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18456 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 helping those outside the workforce to find Mr. WILSON of South Carolina. Mr. Chair, I those employers who want to intimidate and good jobs. I urge my colleagues to vote ‘‘no.’’ would like to thank our Chairman and I am harass workers and bring in union-busters. It Mr. PRICE of North Carolina. Mr. Chair, I thankful for his leadership on this very impor- would also allow employers to gerrymander rise in strong opposition to the cynically tant issue. bargaining units to skew election results in named ‘‘Workforce Democracy and Fairness Once again, the President’s National Labor their favor. Act,’’ which is neither fair nor democratic and Relations Board is trampling on the rights of When I hold town meetings in my district, would do nothing to create a single job or im- American workers and employers by denying my constituents are not clamoring for Con- prove conditions for American workers. In- them the opportunity to participate in a free gress to make it harder to join a union. They stead, this legislation represents just the latest election. Current policies have been in place want our economy fixed and they want jobs. Republican attack on the workers’ rights that for decades to ensure each worker is given a Attacking working men and women, as this bill are at the core of American democracy. fair amount of time to make a decision about does, will not create a single job or help a sin- Look around you today. Fourteen million joining a union. With the proposal set forth in gle family pay their bills. I urge all of my col- Americans—our neighbors, friends, and family June, the NLRB will decrease the amount of leagues to vote no. members—are unemployed, searching for a time given for a worker to consider joining a Ms. LINDA T. SA´ NCHEZ of California. Mr. job. They, and millions more citizens from union from an average of thirty days to as little Chair, I rise today in opposition to H.R. 3094, every congressional district in America, are as ten days. This radical policy of rush elec- the Republican plan to crush workers’ rights demanding that we, as their elected Rep- tions will limit the amount of knowledge and and destroy any glimmer of hope our working resentatives, proactively address our nation’s information available to each union worker. families have at economic recovery. The Re- economic crisis, create jobs, and reduce un- Moreover, this new proposal will give unions publicans designed this bill to destroy 75 employment. But these demands continue to the capability to branch out and form smaller years of National Labor Review Board case fall on the deaf ears of the Republican major- collective bargaining groups, creating a bigger law in their attempt to dismantle the middle ity. No wonder we see such unrest around the burden on employers as costs will rise to man- class. country. Instead of attempting to put people age multiple unions. Our Nation does not need Collective bargaining and the right to orga- back to work, the House Republican majority, more government involvement that negatively nize helped build a strong American middle in between its manufactured fiscal crises, impacts the way employers operate their busi- class. It doesn’t cost the federal government spends its time attacking the rights of Amer- nesses. one dime in real money. Instead of taking ican workers. Instead of crafting bipartisan leg- The job killing influence of the NLRB such steps to create jobs and strengthen working islation aimed at helping unemployed Ameri- as the attack on Boeing workers in South families, Republicans are dismantling key cans find work, the majority has instead fo- Carolina must be stopped before it tramples worker protections. All workers should have cused on stripping those Americans fortunate the rights of American workers. Congress has the ability to negotiate with their employer enough to have a job of the rights they al- a responsibility to ensure every American is about salary and benefits, whether they’re in a ready possess. Today is Wednesday, the middle of the given the right to a free election, an oppor- union or not. Organized labor is great for busi- work week—a day when millions of unem- tunity granted by the laws of our country. ness. Thousands of companies across the I am proud to be an original cosponsor of ployed Americans would love nothing more country thrive with a unionized workforce. than to pull on their work boots, tie their ties, this commonsense legislation and encourage Those businesses recognize that their em- or put on their suits and head to work. But my colleagues to vote in favor of The Work- ployees deserve to have a safe workplace and today on the floor of the House of Representa- force Democracy and Fairness Act which pro- fair wages and benefits. That’s just good busi- tives, we’re not considering a jobs bill. Instead, tects our employers and union workers from ness. This bill encourages corporations to stall we face the latest product of the majority’s sin- the Big Labor policies of the President’s Na- NLRB elections while they mount a one-sided, gle-minded obsession with the dismantling of tional Labor Relations Board and promotes anti-union campaign. At its core, this is an un- American worker rights. H.R. 3094 does not more freedom for job creation. democratic bill that undermines our values. create one single job. Instead, this legislation Mr. STARK. Mr. Chair, I rise in opposition to We have a long established process for would undermine a private-sector worker’s H.R. 3094, the Workforce Democracy and workers to attempt to form a union and collec- right to vote, to exercise his right to bargain Fairness Act. This bill is just one more Repub- tively bargain with employers. Employers and collectively. This bill will effectively gum up, lican attack on workers and middle class employees should stay on equal ground in the delay, and obscure the election process over- Americans under the guise of protecting the process. There is no need to deny workers seen by the National Labor Relations Board, ‘‘job creators’’ we hear so much about from their right to a free and fair union election. opening the door for unscrupulous employers the other side of the aisle. Many of my Republican friends like to talk to undermine their employees’ rights. In case you missed the recent Republican about the issue of Tort Reform. They like to What’s worse, in order to pay for the Presidential debate when front runner and tell us that we have to prevent frivolous law- changes made in this bill, tomorrow we will be former House Speaker Newt Gingrich said we suits—they cost taxpayers millions and mil- considering a bill to eliminate the Presidential should do away with child labor laws, the Re- lions of dollars and they drag down the econ- Public Financing System and the Election As- publican message is clear: laws that protect omy. sistance Commission—key safeguards against workers are not needed. Instead, workers I have news for my Republican friends: the the influence of special-interest money in poli- should just rely on the benevolence of ‘‘job Election Prevention Act encourages frivolous tics and abuses of voting rights, respectively. creators’’ to pay them for the hours they litigation. This bill will mean mountains of liti- The irony should not be lost on anybody who worked or to hold a fair union election. To- gation before union elections can be held. The is paying attention: in order to undercut the day’s legislation is another attempt to under- result is a massive backlog. Guess who picks democratic rights of organized workers, this mine workers’ rights. up the tab? The American taxpayer! majority is undermining the democratic rights For eighty years, the National Labor Rela- We have important issues facing our coun- of the entire American electorate. tions Board, NLRB, has operated as an inter- try and it boggles my mind that we are taking Let’s be clear: this bill, like all of the other mediary between workers and employers. I up yet another bill that does nothing to get our unambiguously partisan, anti-worker bills applaud the NLRB’s decision to modernize friends and neighbors back to work. We need brought to a vote in the House by the Repub- union election rules with standardized election to focus on lowering the unemployment rate lican majority over the course of this year, has timelines and electronic petition filing, and a and creating jobs—not taking away the rights no chance of being signed into law. It’s simply streamlined hearings process. House Repub- of hardworking Americans. an ode to special interests that does nothing licans responded to these modest and over- I urge my colleagues to recognize this to move our economy forward. After 11 due changes by bringing up legislation to veiled attempt to destroy the rights of Amer- months of control, the House majority has interfere with workers’ rights to organize. ican working families. made clear that it has no interest in reigniting Every aspect of this legislation would make Mr. VAN HOLLEN. Mr. Chair, today in the our economic recovery and helping put people it more difficult for workers to form a union. It United States, 13.9 million people are unem- back to work. I encourage my colleagues to would allow companies to obstruct any at- ployed. Nine percent of the American work- defeat H.R. 3094 and to continue to push for tempt by workers to unionize and create infi- force is out of a job, worrying how to make the consideration of jobs legislation to help put nite avenues for employers to delay elections, ends meet. Nearly half are long-term unem- Americans back to work. including litigation. These delays empower ployed, jobless for over 27 weeks.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00042 Fmt 0688 Sfmt 9920 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18457 These Americans are looking to Congress The company can scare workers into think- ness Act,’’ and I appeal to my colleagues to for help. The President sent us a comprehen- ing that voting for a union will cost them their join me in rejecting this dangerous legislation sive plan for job creation and this House has jobs. designed to undermine the collective bar- not acted. We have over thirteen percent un- Meanwhile, unions are not allowed to visit gaining rights of America’s workers. employment in the construction sector and the worksite to make their case for joining a I oppose this legislation for three principal roads and bridges to repair all over the coun- union. reasons: try and this House has not brought an infra- They do not have access to complete con- First, it flies in the face of 75 years of judi- structure bill to the floor. Local governments tact information that will enable them to effec- cially-approved, National Labor Review Board are facing tough budgets and laying off teach- tively contact workers. (NLRB) case law governing the eligibility of ers and police and this House has provided no This company even hired a private security bargaining units, transferring that power away relief. firm and posted large, threatening security from workers wishing to organize. Today we have a bill on the floor that will guards outside the voting area during the vote. Second, it would open the door to indefinite not create a single job nor help a single Amer- After Judge Wacknov’s ruling in February delays within the union election process, invit- ican worker. Instead, it will make it more dif- 2003, the company appealed the decision. A ing frivolous litigation designed to cripple the ficult for them to assert their rights in the work- year and a half later, in summer 2004 the system and prevent fair elections. Third, it would unfairly impose restrictions place and almost certainly encourage frivolous overburdened National Labor Relations Board on the opportunity of workers to receive union litigation. upheld Judge Wacknov’s ruling and ordered a The time we spend on legislation like this is information while allowing employers free new election. reign to bombard their workers with anti-union time we fail to spend addressing the real In August 2004, a second election was held needs of the American people. I urge my col- propaganda. for the company’s workers, and a majority In short, this legislation would reduce the leagues to vote no on this bill. voted to join the union. Ms. HIRONO. Mr. Chair, it is sad for our power of workers to organize for fair treatment The company appealed yet again. to a level not seen since the late 19th century. country that today the U.S. House is voting on In February 2005, NLRB Administrative Law H.R. 3094, yet another bill to roll back work- At first glance, the Workforce Democracy Judge James Rose found that the company and Fairness Act sounds like a reasonable bill, ers’ rights. had effectively stuffed the ballot box in its Today’s bill does nothing for the number but its glib appeal vanishes when one exam- favor by unfairly adding ineligible voters. one issue on people’s minds in Hawaii and ines its intent closely. In July 2005—40 months after a petition around the country: creating new, good-paying Proponents argue that by inserting delays was first filed to hold an election—the NLRB prior to a union election, so-called ‘‘ambush jobs. We’re seeing unemployment on Hawaii Is- Board finally certified the ILWU Local 142 as elections’’ would be avoided. It claims not to land at nearly 10 percent. the union for the workers. interfere with the NLRB’s supervision of elec- On Kauai, it’s nearly 9 percent. In Maui Still, the company has continued to offer ap- tions. County, it’s nearly 8 percent. peal after appeal of the election’s results. Mr. Chair, this claim is disingenuous. The Instead of addressing this top issue of jobs, It’s now the end of 2011. argument that creating employer based delays today’s bill is part of a continuing assault The workers still do not have their first bar- for a union election will somehow give a union against organized labor around the country. gaining contract for better wages and condi- member more time to make a better and more This bill is just like the attacks we saw in Wis- tions. informed decision is questionable at best. Letting an employer delay union elections is consin and Ohio. Today’s bill on the House floor would make But Ohio’s families said no. this unfairness even worse. unfair to the American worker who wants his And so do Hawaii’s. H.R. 3094 would make it nearly impossible, or her voice heard. Big Business is not sup- Because Hawaii families believe working in contested situations, for workers to come to porting this bill to help unionized workers men and women should be able to have a the table and have a voice in the workplace by make more thoughtful decisions. H.R. 3094 is voice at the table. voting to join a union. a blatant attempt to silence and confuse. This belief helped build the middle class in Nationwide, in contested cases, workers al- Enacted in 1935, the National Labor Rela- Hawaii and across our country through legisla- ready have to wait an average of four months tions Act (NLRA) was designed explicitly to tion enabling workers to bargain collectively to vote whether to join a union. Various delays encourage collective bargaining. Since then, for better wages and working conditions. can already occur. the NLRB and the courts have interpreted this Congress should be focusing on creating Today’s bill would make this problem even law and developed processes for handling jobs— worse. It would add an extra minimum waiting workers who seek to form and manage Not making it easier for a few companies to period of two weeks before a hearing, and five unions. H.R. 3094 would substitute 75 years of ex- prevent workers from having a voice in the weeks before an election. This is in addition to pertise and decades of case law for new and workplace. the already long wait time. untested processes that favor wealthy special While most employers in Hawaii want to And each day of delay allows an employer support their workers, I have heard from work- interests and corporate litigators. to continue to scare their employees into vot- ers in Hawaii that some companies exploit the Creating a legal precedent for unfairly stall- ing against a union. current system to prevent workers from having ing or even halting union elections is the true Today’s bill would add to the NLRB’s paper- a voice in the workplace. aim of this act. This legislation takes away the For example, in February 2003, National work burdens. H.R. 3094 would require the ability of unions to function as a democratically Labor Relations Board Administrative Law NLRB to hear frivolous appeals from a com- elected entity, prevents it from communicating Judge Gerald Wacknov ruled against a Hawaii pany to stop an election. with its members, and saps its organizational business where a labor dispute had been This would completely overwhelm the NLRB strength. going on for years. with thousands of frivolous appeals and delay Moreover, the resounding defeat of Ohio’s In 2002, workers at this company, who had elections even longer. Senate Bill 5, which tried to restrict collective not been given a raise in six years, asked the Clearly, the current system is already bargaining rights of more than 360,000 public International Longshore and Warehouse Union stacked against workers trying to have a voice employees in that state, plainly demonstrates (ILWU) for help in organizing a union. at the table. the American people’s opposition to a legisla- Judge Wacknov ruled that ‘‘the Employer’s This bill should really be called the ‘‘Election ture’s attempt to stifle the rights of workers. conduct prior to the election . . . substantially Prevention Act.’’ Equally troubling is that under H.R. 3094 interfered with the employees’ free choice.’’ I urge my colleagues to join me in voting companies are free to force their workers to In the run-up to the union election, the work- against this bill. listen to anti-union information under the threat ers were forced to attend one-on-one or group Instead, let’s stand with working men and of discharge if they try to object. This provision meetings on work time, where the manage- women of this country and focus on what peo- is truly an act of coercion which has no place ment could convince workers to vote against ple really want—getting back to work. in the American workplace. the union. Mahalo. The result of this strategy is obvious. H.R. Under current law, we know that a company Ms. RICHARDSON. Mr. Chair, I rise in 3094 permits employers to intimidate their em- can talk to their workers at any time and urge strong opposition to H.R. 3094, the decep- ployees and discourage them from securing them to vote against joining a union. tively named ‘‘Workforce Democracy and Fair- workplace rights.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00043 Fmt 0688 Sfmt 9920 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18458 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 This is why the White House recently re- the proposed rules would allow the electronic SECTION 1. SHORT TITLE. leased a statement describing H.R. 3094 as filing of petitions, ensure that all parties re- This Act may be cited as the ‘‘Workforce De- an attempt to ‘‘undermine and delay workers’’ ceive timely information about pending mat- mocracy and Fairness Act’’. ability to exercise their right to choose whether ters, and allow for the consolidation of all ap- SEC. 2. TIMING OF ELECTIONS. or not they will be represented by a union.’’ peals into a single post-election appeals proc- Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended— Imagine if H.R. 3094 passed. Imagine a ess. These are sensible changes. Yet, the (1) in subsection (b), by striking ‘‘The Board working environment where a union wants to Election Prevention Act would override these shall decide’’ and all that follows through ‘‘Pro- cast a ballot, but its obstructed by the em- proposed rules, and make arbitrary delays vided, That the’’ and inserting: ‘‘In each case, ployer with a steady stream of delays, bu- commonplace. prior to an election, the Board shall determine, reaucracy, and litigation. Imagine a working This bill is one more solution in search of a in order to assure to employees the fullest free- environment where one’s livelihood is threat- problem. The problem is jobs; the solution is dom in exercising the rights guaranteed by this ened if a worker refuses to attend an anti- Congress taking bold steps to get Americans Act, the unit appropriate for the purposes of union meeting. Imagine a working environment back to work. At a town hall I recently held, no collective bargaining. Unless otherwise stated in this Act, and excluding bargaining unit deter- where dissent is not permitted. This would be one asked me about the NLRB, they asked minations promulgated through rulemaking ef- the reality under H.R. 3094. me about jobs and economic growth. fective before August 26, 2011, the unit appro- At one time, this was the reality in our coun- We should be mindful of why Congress ap- priate for purposes of collective bargaining shall try. It existed in the days of child labor, when proved the National Labor Relations Act consist of employees that share a sufficient com- the 12-hour workday was the standard, when (NLRA) and established the NLRB in 1935. munity of interest. In determining whether em- there were no weekends, no safety regula- Senator Robert Wagner who wrote the NLRA ployees share a sufficient community of interest, tions, or any of the other workplace protec- reminded his colleagues that in 1935 ‘‘in the the Board shall consider (1) similarity of wages, tions that we take for granted. highest income bracket, one-tenth of 1 percent benefits, and working conditions; (2) similarity America no longer lives in the Gilded Age. of the families in the United States were earn- of skills and training; (3) centrality of manage- ment and common supervision; (4) extent of American workers fought for over 100 years to ing as much as the 42 percent at the bottom.’’ interchange and frequency of contact between achieve the right of collective bargaining for a Today’s economic conditions are remarkably employees; (5) integration of the work flow and better future. The democratic core of the right similar. interrelationship of the production process; (6) to unionize is under attack by this legislation. Yet, instead of helping workers organize the consistency of the unit with the employer’s H.R. 3094 would be a great leap backward and bargain collectively to help raise wages, organizational structure; (7) similarity of job for our country. I urge my colleagues to reject improve workplace safety and ensure a com- functions and work; and (8) the bargaining his- this deceptive legislation and secure the rights fortable retirement, the Election Prevention Act tory in the particular unit and the industry. To of American workers. ignores the economic crisis facing American avoid the proliferation or fragmentation of bar- gaining units, employees shall not be excluded Mr. HOLT. Mr. Chair, I rise in strong opposi- workers and makes the American Dream even from the unit unless the interests of the group tion to the Election Prevention Act, H.R. 3094. harder to achieve. sought are sufficiently distinct from those of As a member of the House Committee on Mr. COSTELLO. Mr. Chair, I rise in strong other employees to warrant the establishment of Education and Workforce, I voted against this opposition to H.R. 3094, the so-called Work- a separate unit. Whether additional employees fundamentally flawed bill when we considered force Democracy and Fairness Act of 2011. should be included in a proposed unit shall be it and I will oppose it again today. Since coming to Congress, I have been a based on whether such additional employees The majority deceptively named this bill the strong advocate for the right of every em- and proposed unit members share a sufficient Workplace Democracy and Fairness Act, ployee to form a union and collectively bargain community of interest, with the sole exception of for their rights. This bill represents the most proposed accretions to an existing unit, in which should tell us all that this bill has noth- which the inclusion of additional employees ing to do with workplace democracy or fair- recent attempt to put the interests of busi- shall be based on whether such additional em- ness. If they wanted to deal with those issues nesses over the rights of workers, another in ployees and existing unit members share an they would bring to the floor the Employee a long line of Republican attempts to strip overwhelming community of interest and the ad- Free Choice Act, which I have long been a co- these fundamental rights from working Ameri- ditional employees have little or no separate sponsor of. cans. identity. The’’; and Today again the Majority is showing the H.R. 3094 is designed to derail fair, legal (2) in subsection (c)(1), in the matter following American public that the Majority don’t think union elections by mandating delays and en- subparagraph (B)— couraging frivolous, distracting lawsuits. At a (A) by inserting ‘‘, but in no circumstances we have a jobs crisis in America, and that get- less than 14 calendar days after the filing of the ting Americans back to work is not their top time when we should be pursuing policies that petition’’ after ‘‘hearing upon due notice’’; priority. will strengthen our workforce and support the (B) by inserting before the last sentence the Getting the American economy back on middle class, this bill will only make it harder following: ‘‘An appropriate hearing shall be one track and helping to create jobs is my first, for working families to maintain their pay that is non-adversarial with the hearing officer second and third priority. Unlike the Majority, checks, secure health insurance, plan for re- charged, in collaboration with the parties, with I remain committed to creating jobs imme- tirement, and achieve the American Dream. the responsibility of identifying any relevant diately and expanding educational opportunity As our economy continues to recover, it is and material pre-election issues and thereafter my hope that Congress can come together to making a full record thereon. Relevant and ma- for all Americans. Unfortunately, my amend- terial pre-election issues shall include, in addi- ment to help keep almost 400,000 teachers in pass legislation that puts Americans back to tion to unit appropriateness, the Board’s juris- the classroom was rejected on procedural work and maintains the strongest and most diction and any other issue the resolution of grounds. competitive workforce in the world. H.R. 3094 which may make an election unnecessary or Rather than bringing to the floor legislation will not achieve either of these goals, and I which may reasonably be expected to impact the to help create jobs, we are wasting the time of urge my colleagues to oppose it. election’s outcome. Parties may raise independ- this House attempting to undermine workers The CHAIR. All time for general de- ently any relevant and material pre-election rights. bate has expired. issue or assert any relevant and material posi- The Election Prevention Act continues an Pursuant to the rule, the amendment tion at any time prior to the close of the hear- in the nature of a substitute printed in ing.’’; assault on the National Labor Relations Board (C) in the last sentence— (NLRB) and the work it does to uphold the the bill shall be considered as an origi- (i) by inserting ‘‘or consideration of a request rights of workers across our county. This bill nal bill for the purpose of amendment for review of a regional director’s decision and will NOT help create a single job. Rather, the under the 5-minute rule and shall be direction of election,’’ after ‘‘record of such bill would allow employers to delay union or- considered read. hearing’’; and ganizing elections in the hopes of discour- The text of the committee amend- (ii) by inserting ‘‘to be conducted as soon as aging workers from organizing, encourage friv- ment in the nature of a substitute is as practicable but not less than 35 calendar days follows: following the filing of an election petition’’ after olous litigation and manipulate the procedures ‘‘election by secret ballot’’; and of union elections. H.R. 3094 (D) by adding at the end the following: ‘‘Not The NLRB has proposed real changes to re- Be it enacted by the Senate and House of Rep- earlier than 7 days after final determination by store fairness to the union election process resentatives of the United States of America in the Board of the appropriate bargaining unit, and reduce unnecessary delays. For example Congress assembled, the Board shall acquire from the employer a list

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No amendment to the ‘‘(B) For purposes of this section, a frivo- lous or vexatious filing is one that an attor- until the full Board decides whether or committee amendment in the nature of ney of ordinary competence would recognize not to grant a request for review by the a substitute shall be in order except as so lacking in merit that there is no sub- full NLRB, no matter how frivolous the those printed in House Report 112–291. stantial possibility that the Board would ac- arguments. In doing so, this bill Each such amendment may be offered cept it as valid. The Board shall be guided by incentivizes parties opposed to union- only in the order printed in the report, Rule 11 of the Federal Rules of Civil Proce- ization to file frivolous lawsuits to by a Member designated in the report, dure in determining whether an objection, delay union elections. Not only is this shall be considered read, shall be de- filing, pleading, paper or appeal is frivo- unfair to hardworking Americans, but batable for the time specified in the re- lous.’’. it adds tremendous cost to taxpayers. port equally divided and controlled by The CHAIR. Pursuant to House Reso- This built-in incentive for delaying the proponent and an opponent, shall lution 470, the gentleman from New tactics makes my amendment all the not be subject to amendment, and shall York (Mr. BISHOP) and a Member op- more important. not be subject to a demand for division posed each will control 5 minutes. In the past, many of my Republican of the question. The Chair recognizes the gentleman from New York. colleagues have argued passionately AMENDMENT NO. 1 OFFERED BY MR. BISHOP OF Mr. BISHOP of New York. Mr. Chair- about the evils of frivolous lawsuits; NEW YORK man, I yield myself such time as I may therefore, I am confounded to hear op- The CHAIR. It is now in order to con- consume. position to my amendment that seeks sider amendment No. 1 printed in My amendment is very simple. If a to discourage frivolous litigation. Why House Report 112–291. party makes a frivolous or vexatious Mr. BISHOP of New York. Mr. Chair- is it that litigation that thwarts the filing during a preelection representa- man, I have an amendment at the desk. ambitions of working families, no mat- The CHAIR. The Clerk will designate tion hearing, the NLRB or an adminis- ter how frivolous or misguided, is now the amendment. trative law judge will have the author- suddenly okay? Don’t construction The text of the amendment is as fol- ity to impose sanctions. Potential workers matter? lows: sanctions include reimbursement of at- Unfortunately, such frivolous litiga- Page 8, line 2, strike ‘‘and’’. torney fees and costs. Further, if the tion is too often used by unscrupulous Page 9, line 19, strike the second period Board determines that a party has pre- employers to oppose unionization. In and insert ‘‘; and’’ and after such line insert sented a frivolous filing and further my own district, 14 T-Mobile techni- the following: finds that such filing is for purposes of cians attempted to organize a local (3) by adding at the end the following: delaying an election, an election will chapter of the Communications Work- ‘‘(f)(1) Prior to presenting any objection, be ordered to take place not less than ers of America, only to discover that filing, pleading, statement of position, paper, 7 days after the determination. their employer had undertaken several or appeal (in this subsection referred to as My amendment is rooted in well-es- ‘filing’) in any proceeding prior to an elec- subversive measures aimed at derailing tion under this section, an attorney or other tablished law—Rule 11 of the Federal the path to union organization. Rules of Civil Procedure. Rule 11, party representative has a duty, to the best b 1550 of his or her knowledge, information, and be- which sanctions frivolous filings in lief, and formed after an inquiry reasonable Federal court, is a longstanding and One such legal challenge included a under the circumstances, to assure that— tested standard that has been in prac- dispute over the definition of whether ‘‘(A) such a filing is not being presented for tice for nearly 70 years, but it is cur- or not the CWA is a legitimate labor any improper purpose, such as to harass, rently inapplicable to representation organization. Let me say that again: a cause unnecessary delay, or needlessly in- proceedings at the NLRB. Why should dispute over whether or not the CWA is crease the cost of litigation; a legitimate labor organization. The ‘‘(B) the claims, defenses, positions, and we continue to allow the filing of frivo- other legal contentions in the filing are war- lous litigation at the NLRB but defer it CWA, we should all know, represents ranted by existing law or by a nonfrivolous in the courts? The short answer: We over half a million American workers. argument for extending, modifying, or re- shouldn’t. There is no good reason. Under H.R. 3094, T-Mobile’s frivolous versing existing law or for establishing new This amendment simply harmonizes challenge would have to be completely law; NLRB practice with the national adjudicated by the NLRB before the ‘‘(C) the factual contentions in the filing standards used in our court system. union election could occur, giving T- have evidentiary support or, if specifically so While I urge the adoption of this Mobile the ability to legally hammer identified, will likely have evidentiary sup- amendment, the underlying bill before employees with anti-union messaging port after a reasonable opportunity for fur- ther investigation or development of the us today is nothing more than another for weeks, months, or even years. record; and attempt by the majority to distract A constituent of mine wrote to me ‘‘(D) any denials of factual contentions in the public from the most important regarding the T-Mobile incident, and I the filing are warranted on the evidence or, issue facing our country—job creation. quote: ‘‘It is abundantly clear to us if specifically so identified, are reasonably Because my colleagues on the other that the company is only engaged in based on belief or a lack of information. side of the aisle apparently lack any this effort in order to buy enough time ‘‘(2)(A) At any stage of a representation plan to get unemployed Americans to continue with an intimidation cam- proceeding prior to an election under this paign as an effort to prevent us from section, including pre-election hearings, re- working again, they are relying on the quests for Board reviews, or Board reviews, false specter of powerful unions and exercising our right to organize and the Board or its agents, upon their own mo- burdensome regulations as the bogey- bargain collectively. We want to exer- tion or that of a party to the proceeding, men in the American labor market. cise our legal right in a timely and effi- shall have discretion to impose sanctions However, a recent national poll by cient manner, to decide for ourselves against a party for presenting a frivolous or the Bureau of Labor Statistics shows through the established election proc- vexatious filing or raising a frivolous or vex- that only 0.2 percent of employers cite ess whether or not to join the CWA. atious matter to the Board under this sec- ‘‘government regulations and inter- This process of delay and intimidation tion, or upon a finding that an attorney or ference’’ as their reason for laying off being exercised by T-Mobile manage- other party representative breached his or her duty under this subsection. Sanctions employees. That’s 0.2 percent. The ment is wrong and should not be al- may include reasonable litigation costs, sal- main reason cited for layoffs is lack of lowed to happen in the future. After aries, transcript and record costs, travel and demand. We need real solutions to cre- several months of this verbal and emo- other reasonable costs and expenses. If the ate American jobs, not phony distrac- tional assault, I will stand firm in my

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If this were simply rule 11, And again I will say to my colleague, most principled values. The ability of we may very well be standing up to rule 11 has built-in procedural safe- workers to collectively bargain has join in support. It’s not rule 11. It guards. And we had a very civil, con- been one of the basic pathways for doesn’t provide notice and a reasonable structive, I thought, conversation workers to gain the protections and chance to respond. It doesn’t provide about this amendment in committee, pay necessary to access the American an appeal procedure. It denies an op- and I commend our friend for that. And Dream. We should not undermine this portunity to withdraw the frivolous I commend him for bringing up frivo- shared principle, and yet this is pre- matter before sanctions are imposed. lous and vexatious lawsuits. And I’m cisely what the underlying bill does. Even current NLRB provisions require happy to work with him on how to get My amendment would provide at least due notice and an opportunity for a it done. This vehicle, while well in- some protections for employees who hearing in allegations of misconduct tended, is not the vehicle to get it seek to organize their workplace. cases. done. With that, I yield back the balance of Mr. Chairman, I urge my colleagues This amendment, I am sure—I am my time. to support my amendment, and I re- convinced—is well intended, to root The Acting CHAIR. The question is serve the balance of my time. out frivolous filings and pleadings; but on the amendment offered by the gen- Mr. GOWDY. Mr. Chairman, I claim it has to be done in an evenhanded, fair tleman from New York (Mr. BISHOP). time in opposition to the amendment. manner, not one calculated to skew the The question was taken; and the Act- The CHAIR. The gentleman from balance even more in favor of those ing Chair announced that the noes ap- South Carolina is recognized for 5 min- seeking unionization and away from peared to have it. utes. job creators. Mr. BISHOP of New York. I demand a Mr. GOWDY. I yield myself such time Other than union membership being recorded vote. as I may consume. at a historic low, Mr. Chairman, why The Acting CHAIR. Pursuant to Let me first thank Mr. BISHOP for the rush to change the rules? Is 31 days clause 6 of rule XVIII, further pro- raising the important issue of frivo- too long? Is a 70 percent success rate in ceedings on the amendment offered by lous, vexatious litigation. I am thrilled elections not good enough? I appreciate the gentleman from New York will be almost beyond words—not quite—al- the motive behind the amendment, but postponed. most beyond words that our colleagues I must oppose it because of the mecha- AMENDMENT NO. 2 OFFERED BY MR. BOSWELL on the other side of the aisle recognize nism; and I would encourage my col- The Acting CHAIR. It is now in order the deleterious impact that frivolous, leagues to do the same. to consider amendment No. 2 printed in vexatious litigation has on our econ- I reserve the balance of my time. House Report 112–291. omy. The Acting CHAIR (Mr. YODER). The Mr. BOSWELL. Mr. Chairman, I have We very much support, Mr. Chair- gentleman from New York has 15 sec- an amendment at the desk. man, a more effective use of rule 2011. onds remaining. The Acting CHAIR. The Clerk will We have consistently supported tort re- Mr. BISHOP of New York. I will only designate the amendment. form that correctly sanctions frivolous say in my 15 seconds that rule 11 gives The text of the amendment is as fol- and vexatious lawsuits. So, again, I the person who files a frivolous motion lows: thank our colleague from the other or the entity that files a frivolous mo- Page 8, line 2, strike ‘‘and’’. side of the aisle for bringing attention tion 20 days to withdraw that filing, Page 8, line 20, insert ‘‘(except those des- ignated parties described in subparagraph once again to the impact frivolous liti- which would defeat the purpose of what (C))’’ after ‘‘parties’’. gation has on our economy. we’re trying to accomplish here, which Page 9, line 19, strike the second period Nevertheless, Mr. Chairman, this is to see to it that we ultimately do get and insert ‘‘; and’’ and after such line insert amendment is not the right vehicle for elections. the following: a number of reasons. And I would repeat what the minor- (3) by adding at the end of subsection (c)(1) The purpose of the underlying bill is ity whip said, which is I think is lot of the following: to correct the misguided effort of the ‘‘(C) The designated parties referred to in us would feel differently about this un- subparagraph (B) are employers that paid NLRB to have quick elections, which derlying bill if there were not just a any executive bonus compensation in excess means the time is compressed for liti- minimum time for which there was an of 10,000 percent of the total annual com- gants, especially those caught off election to take place, but a maximum pensation of the average employee during guard by the legal filing, to respond. time in which the election had to take the 1-year period preceding the filing of a pe- What do litigants and their counsel do place. This is one means for us to try tition under this subsection. Such parties when they’re given an inadequate time to get that. may not engage in the dilatory tactic of rais- to prepare for litigation? They over- Mr. Chairman, I yield back the bal- ing new issues or positions during a pre-elec- tion hearing that were not raised prior to plead, they over-answer, they throw ev- ance of my time. the commencement of the hearing.’’. erything they can into the answer be- Mr. GOWDY. May I inquire of the The Acting CHAIR. Pursuant to cause to do otherwise is to risk missing Chair how much time I have remain- House Resolution 470, the gentleman an issue and being sued for illegal mal- ing. from Iowa (Mr. BOSWELL) and a Mem- practice or, worse yet, failing to ade- The Acting CHAIR. The gentleman ber opposed each will control 5 min- 1 quately represent your client. So in a from South Carolina has 1 ⁄2 minutes utes. very counterintuitive way, the NLRB’s remaining. The Chair recognizes the gentleman rush to have elections is more likely to Mr. GOWDY. I just find it instructive from Iowa. result in over-pleading than the status again—and we need to give pause and Mr. BOSWELL. Mr. Chairman, I yield quo would be. reflect on why we’re here. We’re not myself such time as I may consume. Mr. Chairman, this amendment also here because Chairman KLINE had an I rise to encourage my colleagues to gives increased power to the very agen- idea out of the blue. We’re here because support my amendment to the under- cy that we are trying to rein in. That, an activist, agenda-driven NLRB is dis- lying legislation. I first want to thank too, is counterintuitive. To reward an satisfied with 31 days to have an elec- my colleagues, Mr. MILLER and Mr. AN- activist, agenda-driven executive tion. They’re dissatisfied with a 70 per- DREWS, for their work on this impor- branch entity with even more power to cent success rate. So what Mr. KLINE tant issue.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18461 I’m concerned that this legislation the terms of the union elections, often set of circumstances you have to abide creates an opportunity for parties to a preelection hearing convened by an by and live by. It’s a novel idea around abuse the preelection hearing process NLRB official is needed to address this Congress, very novel idea that to engage in open-ended litigation. The questions and concerns raised by both those at the very top of American soci- majority would allow parties in a hear- sides. The preelection hearing ensures ety should have to live by a set of rules ing to raise any ‘‘relevant and mate- all relevant and material preelection that protects the rest of American so- rial’’ issues at any time before the issues may be addressed before a work- ciety. close of the hearing. Yet they define er is required to cast his or her ballot For that reason, I strongly support ‘‘relevant and material’’ as ‘‘any other in the election, providing workers an Mr. BOSWELL’s amendment and would issues’’ that may possibly impact the opportunity to make an informed deci- urge a ‘‘yes’’ vote. election. Practically, this means that sion in the union election. Mr. KLINE. Mr. Chairman, I yield any workplace issue, however frivo- Forcing a vote before these issues myself such time as I may consume. lous, could be raised and litigated be- can be addressed at the preelection I, like my colleagues on the other side of the aisle, and Americans across fore the hearing closes. hearing will severely undermine an em- the country, can get pretty angry when As we’ve seen, there are always ployee’s free choice. This is the work- some officials, corporate officials re- some—though not all—that seek to en- ers, the employees we’re talking about ceive extraordinarily high salaries. I’m rich their CEOs while denying their here. In fact, this amendment may lead workers a fairer and safer workplace. not here to defend that. to needless delay in the election proc- What I’m talking about here is, why This amendment would only apply to ess. The courts have overturned the re- would you punish the workers because companies that have given bonuses— sults of elections because important the employers are paying themselves now hear this—bonuses to their execu- issues were not properly addressed at too much money? I don’t think we tives that amount to 10,000 percent the preelection hearing. should do that, and that’s what this more than the average yearly salary of No worker should be denied a fair amendment does. It denies workers the their employees. Those employers union election process because of the opportunity to make an informed deci- would be required to state their issues bonuses paid to company executives. sion. We shouldn’t be punishing those and positions at the onset of a hearing Yet that is precisely what this amend- workers because executives have paid and would be prohibited from engaging ment would do. themselves too much money. in open-ended litigation. Congress should not be picking win- I reserve the balance of my time. This is a simple principle: If your av- ners and losers here, determining that Mr. BOSWELL. Mr. Chairman, how erage employee makes $50,000 and you some workers deserve greater protec- much time do I have remaining? can afford to pay the CEO a bonus of $5 tions than other workers. They all de- The Acting CHAIR. The gentleman million, then you can also afford to be serve protection. The Workforce De- from Iowa has 11⁄2 minutes remaining. prepared for the hearing in 14 days and mocracy and Fairness Act reaffirms Mr. BOSWELL. Thank you very state your position up front. longstanding protections for all work- much, and I appreciate the discussion. Thank you, Mr. ANDREWS, for those b 1600 ers. I urge my colleagues to oppose this very astute remarks that have applied I’m not sure why we’re considering amendment. to workers. H.R. 3094 right now. It won’t create one I reserve the balance of my time. My friend from Minnesota, Congress- job, and it won’t reduce our deficit by Mr. BOSWELL. Mr. Chairman, I yield man, I recall we both have led troops, $1. It won’t add one job for unemployed such time as he may consume to the and I’m proud of you for having done construction workers to fix Iowa gentleman from New Jersey (Mr. AN- that. I’m proud that I had the oppor- bridges that need to be repaired. It DREWS). tunity. won’t help one member of the Iowa Na- Mr. ANDREWS. I thank my friend for I see these top CEOs as—who are tional Guard that recently returned yielding. their troops? Their troops are the from Afghanistan and is still looking My friend from Minnesota, the chair- workers. Thank heavens we have got for a job. man of our committee, says that Con- those people that are willing to be en- All this bill does is help a small num- gress shouldn’t be picking winners and trepreneurs and get out there and in- ber of companies make it harder for vest and do those things, but they’ve losers. I think the Congress has already their workers to organize. The very got to have workers to get the job done picked a lot of winners in the last num- least we can do is make sure those just like you and I had to have troops ber of months. They’ve picked the peo- companies aren’t abusing their process to take the objective. ple who are the subject of Mr. BOS- while handing out executive bonuses What’s the difference? Our troops had WELL’s amendment, those whose bo- that are 10,000 percent more than what to be well-fed, trained, equipped, mo- nuses are 10,000 percent more than the their workers earn. rale had to be good, and then we could average salaries of their workers. Support this amendment for fairness. take our objective. Any sergeant, any I reserve the balance of my time. They’ve picked them for the largest lieutenant, any lieutenant colonel, any Mr. KLINE. Mr. Chairman, I claim tax cut in American history. general, they can’t take their objective time in opposition to the amendment. They picked a winner by saying that without troops. And how do CEOs and The Acting CHAIR. The gentleman if that person manipulates a hedge people, entrepreneurs that we appre- from Minnesota is recognized for 5 min- fund or financial institution, the regu- ciate—we rely on them, but they’ve got utes. lators will look the other way as our to have those workers; they’ve got to Mr. KLINE. Mr. Chairman, I yield 401(k)s become 201(k)s and our home treat them fairly, and they’ve got to myself such time as I may consume. values shrink. realize that they too want to have the It’s kind of ironic sometimes, but Most decidedly, this Congress has American Dream. this Occupy Wall Street sort of in- picked a set of winners, and those win- And I was concerned where is that spired amendment is an effort to dis- ners are those at the very top of Amer- American Dream going to be as I was mantle a successful union election ican society who have gotten 93 per- surrounded by my grandchildren just a process and deny workers an oppor- cent of the pay raises. Ninety-three few days ago at Thanksgiving. Is it tunity to make an informed decision. percent of the pay raises given out in going to be there for them? Then we’d Under the guise of fighting greed on this country have gone to that top better be thinking about it. Wall Street, this amendment will actu- group. We don’t pull the ladder up, we leave ally punish workers if their company So Mr. BOSWELL is trying to create a it down. Let’s let everybody have a executives receive bonuses deemed too significant disincentive that says, you part of the American Dream. big by officials in Washington. know what? If you pay yourself 10,000 And 10,000 percent, and you’re wor- Mr. Chairman, while most of the percent more than your average work- ried about that? Come on, give me a time, employer and unions can agree to er, maybe there should be a separate break.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18462 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 I urge support of this amendment. I a petition under this subsection. Such par- erans. This is one on which we can think it is fair and it’s the right thing ties may not engage in the dilatory tactic of come together. to do. raising new issues or positions during a pre- By the way, 2 million veterans are in I yield back the balance of my time. election hearing that were not raised prior labor unions of their choice now, so to the commencement of the hearing.’’. Mr. KLINE. May I inquire as to how this isn’t a small number. This is a much time I have remaining. The Acting CHAIR. Pursuant to large number. Why would Congress The Acting CHAIR. The gentleman House Resolution 470, the gentleman hinder the ability for a veteran to from Minnesota has 2 minutes remain- from Minnesota (Mr. WALZ) and a choose whether or not they want rep- ing. Member opposed each will control 5 resentation? It’s what they fought for. Mr. KLINE. Thank you, Mr. Chair- minutes. While my colleagues and I can debate The Chair recognizes the gentleman man. the role of government in collective I, too, want to thank my friend and from Minnesota. bargaining, I don’t believe there should Mr. WALZ of Minnesota. Mr. Chair- colleague from Iowa for his service. He, be any difference in where we believe man, I yield myself such time as I may like me, made an early mistake and that this should not apply to violators consume. chose to fly and, even worse, to fly hel- First of all, I rise to offer an amend- of veterans’ employment rights and icopters. He just perhaps was better at ment that would reinforce our commit- allow them to make the choice. it than some of us. ment to protecting the employment I reserve the balance of my time. Mr. KLINE. Mr. Chairman, I claim But this amendment is going in the rights of our brave servicemembers. wrong direction. It’s not the percent- We’ve all seen this show before, Mr. time in opposition to the amendment. age. How many percent? 10,000, 100,000, Chairman. Let’s not insult the intel- The Acting CHAIR. The gentleman 1,000 percent more money that an exec- ligence of the American public. When from Minnesota is recognized for 5 min- utive makes—I don’t want to defend we had an Employee Free Choice Act utes. that either. And I don’t want to defend the other side argued we only want to Mr. KLINE. I yield myself such time the leader who eats before his troops. I protect the secret ballot. Now it’s no, as I may consume. don’t want to defend the leader who we want to protect the ability to let Of course I always hate to oppose thinks he can get it done without the you vote on a secret ballot, but only something presented by my Minnesota troops. when we decide that time has come. delegation colleague, a veteran him- But this amendment takes away the We’ve seen this song and dance in self, but again I think we have a mis- rights and the protections of the em- Ohio, we’ve seen it in Wisconsin. Let’s guided amendment here. ployees and the workers. We shouldn’t just be honest that we have a funda- In the last amendment, we were sort punish the workers because we’re mad mental difference about labor rights of taking an Occupy Wall Street mo- at the executives. We shouldn’t punish and the ability to collectively bargain. ment to express our outrage at the sal- the troops because we’re mad at the We probably are not going to agree on aries or bonuses or compensation for colonels. I agree with the gentleman on that, but let’s find some bipartisan executives, and we were going to pun- that. ground where we can agree. I think my ish workers because of our outrage. Un- Let’s don’t punish the workers. Let’s amendment is the one that will do fortunately, we’re sort of doing the defeat this amendment. that. same thing here. I yield back the balance of my time. If you’re a veteran and your em- The Acting CHAIR. The question is b 1610 ployer has harmed any number of your on the amendment offered by the gen- It’s very straightforward. It simply rights under Federal labor law, they’ve tleman from Iowa (Mr. BOSWELL). prevents this piece of legislation, H.R. broken the law and action ought to be The question was taken; and the Act- 3094, from applying to businesses that taken against them. But now with this ing Chair announced that the noes ap- have been cited for violations of labor amendment, this would give this activ- peared to have it. laws against employees who are vet- ist NLRB an excuse to undermine the Mr. BOSWELL. Mr. Chairman, I de- erans in the previous year. It is very free choice of your coworkers in a mand a recorded vote. simple. These are not the vast majority union election. I don’t think we want The Acting CHAIR. Pursuant to of employers who are playing by the to do that. We want to support the clause 6 of rule XVIII, further pro- rules. These are those who have had rights of all workers. ceedings on the amendment offered by egregious violations, specifically As the distinguished minority whip the gentleman from Iowa will be post- against veterans, and this will help us said, employers and employees ought poned. protect those. to get a fair election. We want a fair AMENDMENT NO. 3 OFFERED BY MR. WALZ OF I wholeheartedly agree we’ve got a election for employers and employees, MINNESOTA lot of good, strong employers out there for workers—whether they are veterans The Acting CHAIR. It is now in order supporting our Guard and Reserve, but or not veterans. I, having spent some to consider amendment No. 3 printed in labor laws are still being violated. We time in uniform myself, have a special House Report 112–291. need these laws—last year, 3,000 cases place for veterans. I want to make sure Mr. WALZ of Minnesota. Mr. Chair- of employers who violated the Uniform they get everything, everything that’s man, I have an amendment at the desk. Service Employment and Reemploy- coming to them. We owe them so The Acting CHAIR. The Clerk will ment Rights Act, USERRA, the main much. But this amendment, unfortu- designate the amendment. Federal law that protects veterans. My nately, would end up punishing them The text of the amendment is as fol- amendment provides a means for Con- and their coworkers in, I think, a mis- lows: gress to enforce veteran-related labor guided effort to help them. We Page 8, line 2, strike ‘‘and’’. laws by removing the ability for viola- shouldn’t do that. Page 8, line 20, insert ‘‘(except those des- tors to present unnecessary barriers to Let’s support the underlying legisla- ignated parties described in subparagraph a free and expeditious union election tion and oppose this amendment. (C))’’ after ‘‘parties’’. process. I reserve the balance of my time. Page 9, line 19, strike the second period Keep in mind, these are the very peo- Mr. WALZ of Minnesota. Mr. Chair- and insert ‘‘; and’’ and after such line insert ple who fought to protect the basic man, I yield myself such time as I may the following: American right to organize collectively consume. (3) by adding at the end of subsection (c)(1) for a safe workplace; yet, when they I respect the chairman and the gen- the following: come home, we’re going to throw bar- tleman’s opinion on this, but I want to ‘‘(C) The designated parties referred to in subparagraph (B) are employers that have riers in their way even by companies be very clear. The only people this ap- been found liable for any labor law violation that have already violated veterans’ plies to is violators of veterans’ work- against a veteran of the Armed Forces dur- employment rights at a time when we place employment. These are veterans ing the 1-year period preceding the filing of have high unemployment amongst vet- returning home who choose to have

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Mr. Chair- postponed. man, I yield myself the balance of my the discussion today was we need to b 1620 have more time to explain it to them. time. I have tremendous faith in the abil- I express my disappointment with AMENDMENT NO. 4 OFFERED BY MS. JACKSON LEE OF TEXAS ity of our folks who served in split-sec- the gentleman. I do respect his service, The Acting CHAIR. It is now in order ond, life-and-death decisions overseas and we have a fond attachment to our to consider amendment No. 4 printed in serving in combat to be able to, after a veterans in getting this right. House Report 112–291. few days, make a decision with the in- Let me do something that doesn’t happen down here very much to show Ms. JACKSON LEE of Texas. I have formation they’re given whether they an amendment at the desk. want representation or not, not being you how small this is. I’ll read you the entire amendment: The Acting CHAIR. The Clerk will drug out in litigation for 2 years so designate the amendment. they can protect their rights against ‘‘The designated parties referred to in subparagraph (B) are employers that The text of the amendment is as fol- employers previously cited in the 1 lows: year. These are not the good actors. have been found liable for any labor law violation against a veteran of the Page 8, beginning on line 4, strike ‘‘sub- These are the bad actors. paragraph (B)—’’ and all that follows I don’t like the underlying bill. I’m Armed Forces during the 1-year period through ‘‘(B) by inserting’’ on line 8, and in- trying to make it better. Why are we preceding the filing of a petition under sert ‘‘subparagraph (B), by inserting’’. protecting the 1 percent of bad actors this subsection. Such parties may not Page 8, line 24, strike ‘‘last sentence—’’ in this at the expense of a veteran who engage in the dilatory tactic of raising and all that follows through page 9, line 9, has the right to organize? new issues or positions during a and insert ‘‘last sentence, by inserting ‘or preelection hearing that were not consideration of a request for review of a re- With that, I reserve the balance of gional director’s decision and direction of my time. raised prior to the commencement of the hearing.’’ election,’ after ‘record of such hearing’; Mr. KLINE. Again may I inquire as and’’. to how much time remains on either No matter how you feel about the un- derlying bill, if we really want to make The Acting CHAIR. Pursuant to side. House Resolution 470, the gentlewoman The Acting CHAIR. The gentleman this better and try and reach across to- gether, maybe this is one area we could from Texas (Ms. JACKSON LEE) and a from Minnesota (Mr. KLINE) has 3 min- Member opposed each will control 5 utes remaining, and the gentleman do it. I would urge my colleagues on both minutes. from Minnesota (Mr. WALZ) has 11⁄2 The Chair recognizes the gentle- minutes remaining. sides of the aisle: Do what’s right. Pick off these bad employers so they can’t woman from Texas. Mr. KLINE. Thank you, Mr. Chair- Ms. JACKSON LEE of Texas. Mr. engage in these tactics against vet- man. I yield myself such time as I may Chairman, I yield myself such time as erans. Let’s get our folks back to work consume. I may consume. and let’s agree to disagree on the fun- I think there is some confusion here. The question to my colleagues is damental underlying bill on labor. On The other gentleman from Minnesota whether workers come as Republicans this one, we shouldn’t. says that these are talking about vet- or Democrats or if they come simply as I yield back the balance of my time. erans who have chosen to have a union. The Acting CHAIR. The Chair recog- Americans operating under a constitu- The point is we don’t know if they’ve nizes the gentleman from Minnesota tional provision that we all celebrate, chosen to have a union. We don’t know (Mr. KLINE). and that is the First Amendment. that. That’s what the election is for. Mr. KLINE. Thank you, Mr. Chair- The First Amendment clearly allows And they deserve the time and the op- man, and thank you for keeping track the American people to petition, to portunity to ask questions, get an- of the Minnesotans here as well. have freedom of expression and, in es- swers, hear from all sides and make an I’m sorry, but again we just have a sence, freedom to assemble. We also informed decision. fundamental difference here. If an em- recognize that, in the course of power, What the underlying bill does, it says ployer is liable, has made mistakes, there is the worker and there is the you get at least 35 days. And I would has broken the law, they should be employer. The employer, in many in- remind my colleagues that the current punished under the law, whichever law stances, intimidates, and the National mean time, average time, is 31 days they have violated in violating the Labor Relations Board recognized the and the median time is 38 days. It’s not rights of employees, veterans or not. unevenness of power. Whether they are out of line. But we think a month, 5 But this amendment is an attempt to returning troops and veterans or weeks, ought to be time for workers to dismantle a successful union election whether they are single mothers and be able to receive the information, ask process that is fair to veterans and working families who want to better the questions, challenge information nonveterans, to employees and to em- their lives, they understand that there from the employer and from the union ployers. This amendment, in an at- needs to be fairness in order for this organizer, and then make an informed tempt to punish employers who have little, small book, the Constitution, to decision. misbehaved, who ought to be punished actually operate. While it’s true, certainly, sometimes under the law under another law, is My amendment is very simple. My in combat that you have to make split- simply going to deny the rights of amendment attempts to make an even second decisions to save your life or workers to have the opportunity to playing field. It takes away the power the lives of colleagues or to achieve the make an informed decision. of the underlying legislation, which is mission, you shouldn’t be required to I oppose this amendment and support to limit how long the election may go do that here in making this decision the underlying legislation. on—in fact, delay the election, if you for you and your families. You ought I yield back the balance of my time. will. This amendment strikes the pro- to have time to do it. The Acting CHAIR. The question is vision that deals with the timeframe in Because an employer has mis- on the amendment offered by the gen- which the election can go on and in behaved, in the example of this amend- tleman from Minnesota (Mr. WALZ). which the employer can interfere with ment, the employer should be punished The question was taken; and the Act- that election. Delay gives unscrupulous for that if he’s a broken law, but the ing Chair announced that the noes ap- employers more time to use the time- employees should not be deprived of peared to have it. frame to delay the election.

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Delay would provide employers My Republican friends have not passed a I, frankly, believe that in this time more time to use any means, legal or illegal, single bill to create jobs, and this bill is no ex- that we’re on the floor we really should to pressure employees into abandoning their ception. In fact, this reckless legislation threat- be debating the extension of the unem- organizing efforts. ens American jobs and undermines worker’s ployment benefits, and I believe that This legislation would perpetuate undue rights while safeguarding special interest. I we should be discussing the passage of delays in union elections, a blatant attempt to urge my colleagues to oppose this harmful the American Jobs Act. We’re not undermine American worker’s right to organize legislation, and instead focus our efforts on a doing that. We’re here to limit the to protect their rights. This bill is an attack on bipartisan jobs bill that will foster a new age of rights of Americans. So I’d ask my col- collective bargaining, and on the American American ingenuity and prosperity. leagues to support the amendment that workforce as a whole. I reserve the balance of my time. stops employers from delaying the Delaying elections grants employers the Mr. GOWDY. Mr. Chairman, I claim rights of Americans by participating in necessary time to use legal and illegal means time in opposition to the amendment. The Acting CHAIR. The gentleman delaying litigation, raising their power to discourage employees’ interests in forming from South Carolina is recognized for 5 while limiting the power of the worker. unions for the purpose of collective bargaining. minutes. I hope my colleagues will join me in The bill encourages legal but frivolous appeal Mr. GOWDY. I yield myself such time supporting my amendment. litigation, further delaying elections for several as I may consume. Mr. Chair, I rise today in support of my months or years. The measure will severely This amendment would strike provi- amendments to H.R. 3094, ‘‘The Workforce cripple and undermine elections process. A sions of the Workforce Democracy and Democracy and Fairness Act.’’ My amendment procedure intended to empower workers. Fairness Act that ensure employers eliminates the provisions in this bill that would Consequently union voters lose zeal for have at least 14 days to find legal coun- allow employers to unnecessarily delay an elections and unscrupulous employers are sel and prepare their cases for the election. The bill in its current form rolls back able to manipulate elections for their desired preelection hearings. Additionally, it decades of earned collective rights for workers outcome, stalling the plight of workers’ ad- would strike the provisions that ensure and prevents workers from simply voting in vancement. employers have 35 days to educate workplace elections. Further, The bill misconstrues the procedure their workers and that employees have This legislation is an assault on working for deciding who is a bargaining unit. What ef- 35 days to determine whether they wish Americans. H.R. 3094 is designed to delay fect will this have on the progress union work- to join a union. and ultimately prevent union representation ers have made over the last 75 years? Information is power, and I, frankly, elections, rendering the National Labor Rela- Employers will use this disruption to gerry- don’t understand the antagonism to- tions Board (NLRB) powerless and undoes mander elections, induce uncertainty regarding wards information. I don’t understand decades’ worth of improvements for worker’s elections, thus being able to manipulate work- the antagonism towards employers. We rights. ers and flood the ballot boxes with voters not give garden-variety, common-criminal In order to prevent needless delays in con- engage in the organizing drive. shoplifters 180 days to find lawyers—180 ducting elections I propose my amendment For 75 years union workers have fought for days for a shoplifter to find a lawyer— which simply strikes the text which requires basic rights to maintain improved and safer but we can’t give employers 2 weeks? Is that an election must be delayed for at least workplace environments. How does this meas- 2 weeks really too much to ask to find 35 days from the date the petition was filed. ure effect these achievements? a lawyer? This amendment would restore current law. After the bill’s implementation will workers There have been unions, Mr. Chair- While my colleagues on the other side of view their workplace favorably? Will their man, that have already endorsed this the aisle seemed focused on the NLRB deci- wages match the growth rate of the company President and his reelection bid. Al- sion and their claim to minimum delays, there and economy? And will workers feel like ready, 360-something days out, was the is no provision in H.R. 3904 to limit the time American employers, supported by govern- first one I noted. So they need 365 days that an election can be delayed. This would ment, provide meaningful safety for community to prepare for an election, but we can’t ensure that an election would be conducted as survival? give employers 35 days? You can check soon as practicable following the pre-election This legislation undermines American work- out a library book for longer than you hearing, consistent with the facts determined ers by eliminating laws that prevent employers want to give employers the ability to by the Regional Director. from gerrymander elections when employees prepare for an election. By setting a floor that an election will always consider whether or not to form a union. Em- This is an important decision, not be held at least 35 days from the filing of a ployees have a right to unionize. They have only in the lives of the employees but petition, H.R. 3094 imposes delay for delays the right to exercise their rights collectively of the employers, many of whom are sake, even if an election could practically be bargain for competitive wages, benefits, and small business owners. They’ve got to scheduled before 35 days from the filing of a safe working environments. I am extremely negotiate the legal labyrinth that is petition. A witness testified before the Edu- disappointed that my Republican friends are our Federal labor law, and you’re going cation and Workforce Committee’s that: ‘‘This willing to create an atmosphere that forces the to give them 35 days and 14 to get law- [35 day delay] would apply even where the voice of hard working Americans to be diluted yers. union and employer are willing to stipulate to by their employers. In many cases employees Mr. Chairman, this amendment will an earlier date. Other than facilitating an em- would have to settle for accepting the lowest restrict employers’ free speech and will ployer in ramping up an antiunion campaign, it wages, worst benefits, and harshest working undermine workers’ free choice. Infor- does not appear to have any meaningful pur- conditions. This bill creates a race to the bot- mation is power. Sometimes that takes pose.’’ tom that is simply not worthy of a great nation, time. I don’t think 35 days under any- The National Labor Relations Act provides and certainly not worthy of America. one’s calculus is too much time to pre- workers with essential protections; protections Time after time, throughout the 20th cen- pare for an election. If we can give a that have resulted in a strong middle class. tury, the nation turned to the labor community shoplifter or a speeder or a drunk driv- This law prevents companies from retaliating to build infrastructure, supply the Armed er 180 days to hire a lawyer, surely to against workers who exercise their rights, Forces, and manufacture the materials that goodness we can give a small business such as the right to strike, petition for better constructed our great American cities, and job creator a couple of weeks. pay, demand safer working conditions, and time after time, hard working Americans an- With that, I reserve the balance of form a union. swered the call and made this country great. my time. H.R. 3094 would amend the National Labor It appears that my colleagues on the other Ms. JACKSON LEE of Texas. I yield Relations Act to define how the National Labor side of the aisle have decided to repay the myself such time as I may consume.

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Very briefly, in listening to my good What I say to my good friend from tlewoman from Texas (Ms. JACKSON friend from South Carolina, it’s time to South Carolina is that I have the LEE). take out the white hanky and begin to greatest respect for employers. I’d like The question was taken; and the Act- cry for the employers against these the gentleman to join me in passing ing Chair announced that the noes ap- deafening and deadly workers, some of the American Jobs Act to give them peared to have it. them veterans and single parents. payroll tax relief and to give them tax Ms. JACKSON LEE of Texas. Mr. Hear me very clearly: there are 35 credits for hiring new employees. But Chairman, I demand a recorded vote. days for the filing of a petition, but you have to ask the question: The Acting CHAIR. Pursuant to there is no limit to the amount of time After this bill’s implementation, will clause 6 of rule XVIII, further pro- the employer can delay the election workers view their workplaces more fa- ceedings on the amendment offered by through litigation. If that isn’t an im- vorably? Will their wages match the the gentlewoman from Texas will be balance against the vulnerable work- growth rates of the companies and postponed. er—the worker who is behind a cashier, economy? Will workers feel like Amer- MOTION TO RISE the worker who is manufacturing a ican employers, supported by govern- Ms. MOORE. Mr. Chairman, I have a made-in-America trinket of some kind, ment, provide meaningful safety for preferential motion at the desk. the textile worker, the returning sol- community survival? The Acting CHAIR. The Clerk will re- dier on the battlefield—then what is? This legislation, frankly, undermines port the motion. God bless the employers with their the American workers. Can we all get The Clerk read as follows: constitutional rights. I applaud them. along? Can we find a way to address Ms. Moore moves that the Committee do But what this bill is doing and what the concerns of making sure that we now rise and report the bill to the House this section is doing is taking a spear are fair to the employer but not have with the recommendation that the enacting and going on and on and on with dila- delay after delay after delay to deny clause be stricken. tory litigation tactics to disallow the someone his constitutional right of or- The Acting CHAIR. The gentlewoman organizing that is protected under the ganizing freedom of expression? I think from Wisconsin is recognized for 5 min- Constitution and the due process under we can. utes in support of her motion. the Fifth Amendment. Ms. MOORE. Thank you, Mr. Chair. b 1630 Go ahead, employers, get your law- I rise to make this motion today be- yers. Move on. The elimination of the provisions cause I am opposed to the underlying But the question is, how long is too that I have spoken of is a dilatory bill, the so-called Workforce Democ- long? upper hand of employers to get the bet- racy and Fairness Act. I reserve the balance of my time. ter hand of our employees. Mr. Chair, I hope that all of my col- The Acting CHAIR. The gentleman I reserve the balance of my time. leagues have gotten their tickets for from South Carolina has 21⁄2 minutes The Acting CHAIR. The gentlewoman this show, because once again my Re- remaining. from Texas has 15 seconds remaining, publican colleagues have turned these Mr. GOWDY. Thank you, Mr. Chair- and the gentleman from South Caro- hallowed Halls of Congress into a place man. I yield myself such time as I may lina has 45 seconds remaining. for political theater or, better yet, a consume. Mr. GOWDY. Thank you, Mr. Chair- circus, and the joke is on working class My first job was delivering news- man. Americans. papers. My job after that was bagging I would invite my friends on the Today’s so-called Workforce Democ- groceries at a local grocery store. My other side of the aisle to join us in ad- racy and Fairness Act is another scene job after that was working at a tobacco dressing what I hear from every small in this unfolding plot to undermine warehouse. business owner back in South Carolina, American workers. I don’t recall ever being hired by an which is fix the regulatory apparatus, It would be comedy if it weren’t such employee. fix the tax structure, fix the litigation a tragedy for the American people. I don’t understand the antagonism structure, quit spending money you Every day, the American people are towards employers. I don’t understand don’t have. forced to play the part of the clown the antagonism towards people who are Mr. Chairman, the President, who Pagliacci. They watch Republicans put willing to invest their fortunes and was standing not 3 feet in front of you, on this performance, claiming to want have the unmitigated temerity to want said we should have no more regulation to protect American jobs and workers to be successful and hire other people. than is necessary for the health, safe- while behind the scenes they work to I don’t understand the antagonism to- ty, and security of the American peo- dismantle the rights of the American wards job creators. ple. That’s not a Republican that said worker and, like Pagliacci, the Amer- Mr. Chairman, I will say it again: We that; it’s the President of the United ican people must learn to laugh with give 180 days to someone who shoplifts States. tears in their eyes. from a store to go find a lawyer, but we So I would ask the NLRB, what part Today’s installment of tragic theater can’t give 14 days to the small business of health, safety, and security are you stars a bill which has been more appro- owner who wants to defend against a trying to fix with quick elections, the priately renamed by my Democratic suit—to negotiate the legal labyrinth placing of posters in the workplace, colleagues as the Election Prevention that many of the lawyers in this body and other regulations that do nothing Act. don’t understand, present company in- except punish job creators? This bill would permit employers to cluded. There are experts in labor law; With that, I yield back the balance of delay indefinitely a union election by but unless you have corporate counsel my time. mandating delays in the union election hired, you’re going to have to go find a Ms. JACKSON LEE of Texas. In my process and failing to place limits on lawyer and educate him on your issues. hand I have H.R. 3094 and in this hand how long an election can be delayed. Mr. KLINE gives them a whopping 2 I have the Constitution. I don’t know These delays would allow more intimi- weeks. Fourteen days is eminently rea- who you would stand with. Support my dation and harassment of employees, sonable, and 35 days for something as amendment, support the Constitution, including hiring union-busting compa- potentially transformative as an elec- provide workers the opportunity for nies. tion is not too much to ask for, and freedom and the right to organize. This bill perverts the notion of em- there is nothing in the Constitution of I ask my colleagues to join me in ployee free choice in the face of the the United States that says otherwise. supporting the Jackson Lee amend- power of an employer to indefinitely With that, I reserve the balance of ment. postpone an election. my time. I yield back the balance of my time. In Wisconsin, Mr. Chair, we have seen Ms. JACKSON LEE of Texas. I yield The Acting CHAIR. The question is this song and dance before under the myself such time as I may consume. on the amendment offered by the gen- guise of deficit reduction. Governor

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18466 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 Walker undermined the workers’ through and unleveled the playing field practices that have been in place pro- rights, rammed through legislation for working families. It wasn’t right viding fair elections for decades. I that cut State employee benefits and there and it’s not right here, and the would encourage my colleagues to sup- stripped unions of their collective bar- American people urge the defeat of this port the underlying legislation and gaining rights. bill. vote against this motion to kill the Ohio, too, has seen this horrific cur- The Acting CHAIR. The time of the bill. tain call. Governor John Kasich and gentlewoman from Wisconsin has ex- I yield back the balance of my time. the Ohio Republican legislature’s pas- pired. The Acting CHAIR. The question is sage of S.B. 5. But what Governors Mr. KLINE. Mr. Chairman, I claim on the preferential motion. Walker, Kasich and so many others are time in opposition to the motion. The question was taken; and the Act- not prepared for is the second act of The Acting CHAIR. The gentleman ing Chair announced that the noes ap- this drama. from Minnesota is recognized for 5 min- peared to have it. When the curtain opened on Novem- utes. Ms. MOORE. Mr. Chair, I would note Mr. KLINE. Mr. Chairman, this clear- ber 8 in Ohio, voters flocked to the that there is no quorum, and I request ly, in fact, in the language of the mo- polls in record numbers with a resound- a rollcall. ing voice and repealed S.B. 5. The stag- tion, is designed to kill the bill. I un- derstand the gentlelady doesn’t like The CHAIR. The Chair will count for ing continues in my State of Wis- a quorum. consin, where in just 2 weeks we have the bill, but the characterization of it is incorrect. We heard today on this Ms. MOORE. I am not asking for a garnered 300,000 signatures poised to quorum call. I am just asking for a recall Governor Scott Walker. floor some distinguished Members of the other party say that the NLRB rollcall. Mr. Chair, the American people will The Acting CHAIR. Does the gentle- not be upstaged by this anti-union, ought to be fair, that employers and employees ought to get a fair election. woman withdraw her point of order of anti-worker, and anti-family play. Our no quorum? Nation’s middle class is demanding to We agree with that. We have heard today that the major- Ms. MOORE. Yes. bargain for more of the wealth that ity party has done nothing to improve The Acting CHAIR. The Chair will they created. the economy and help job creators cre- count for a recorded vote. Those in Mr. Chair, this clear attack on work- favor of a recorded vote will rise and be ers’ rights departs from a long-pre- ate jobs. Clearly we disagree. Member after Member has stood up here and counted. served tradition of American democ- A sufficient number having risen, a racy in the workplace. It’s time for us said we have a plan, we’ve been advanc- ing legislation, we continue to advance recorded vote is ordered. Members will to close the curtain, pull the hook out record their vote by electronic device. on this circus act, and bring up the legislation, we have over 20 bills passed by this House sitting over in the Sen- Pursuant to clause 6(g) of rule XVIII, lights on real legislation that creates this 15-minute vote on the preferential real jobs. ate waiting for Majority Leader REID to take them up, jobs that will clear motion to rise will be followed by 2- Mr. Chair, I would now yield to my minute votes on the following amend- colleague, the gentlelady from Ohio, the way for job creators, the private sector, to put Americans back to work. ments: BETTY SUTTON. Clearly there is a blizzard of regula- Amendment No. 1 by Mr. BISHOP of Ms. SUTTON. I thank the gentle- tions that is descending on the work- New York. woman for yielding and I thank her for place. The Speaker got a letter back Amendment No. 2 by Mr. BOSWELL of the motion. Iowa. What’s it going to take to get this from the administration some 2 weeks ago that said there were some 219 regu- Amendment No. 3 by Mr. WALZ of body to focus on priority one, which is Minnesota. getting America back to work? Why, lations in the pipeline, each of which Amendment No. 4 by Ms. JACKSON Mr. Chair, are we here yet again debat- would have an impact on the economy LEE of Texas. ing an anti-worker bill when we should of over $100 million, and I think seven The vote was taken by electronic de- be working together to help foster that would have an impact of over a vice, and there were—ayes 176, noes 241, jobs? Instead of trying to disempower billion dollars, regulations coming not voting 16, as follows: workers and further weaken the middle from every direction. My colleagues class, why aren’t we trying to create pointed out that even the President of [Roll No. 863] opportunities for them and their fami- the United States said we shouldn’t be AYES—176 lies? Every day that the focus is on at- having more regulations that don’t di- Ackerman Conyers Hanabusa tacking workers instead of generating rectly affect the safety and security of Altmire Costa Hastings (FL) Andrews Costello Heinrich job opportunities is one day longer the American people, or words close to that effect. Baca Courtney Higgins we’re mired at unacceptable rates of Bass (CA) Critz Himes The gentlelady, my friend from Wis- unemployment, and it’s one more day Becerra Crowley Hinchey consin, said that there was an unfold- Berkley Cummings Hinojosa that far too many unemployed Ameri- ing plot. Well, I agree, there does seem Bishop (GA) Davis (CA) Hirono cans will struggle. to be an unfolding plot. It’s coming Bishop (NY) Davis (IL) Hochul And yet here we are debating this ex- Blumenauer DeFazio Holden from the administration through the treme and lopsided bill to give big cor- Boswell DeGette Holt NLRB to advance the special interest Brady (PA) DeLauro Honda porations the upper hand over working of Big Labor bosses. We don’t think Braley (IA) Deutch Hoyer families, a bill that does nothing to Brown (FL) Dingell Inslee that’s right. That’s not giving employ- bolster our recovery but does a lot to Butterfield Doggett Israel ers and employees a fair election; Capps Donnelly (IN) Jackson (IL) stack the deck against American work- that’s advancing the special interest of Capuano Doyle Jackson Lee ers. We have seen this fight before, as Cardoza Edwards (TX) big union bosses. Carnahan Ellison Johnson (GA) the gentlewoman has pointed out, in It’s not protecting the rights of other places, and the American people Carney Engel Johnson, E. B. workers, whether they’re in a union or Carson (IN) Eshoo Kaptur are voicing their opposition to these not. Castor (FL) Farr Keating types of fundamentally unfair attacks Chandler Fattah Kildee that stack the deck against workers. b 1640 Chu Filner Kind Cicilline Frank (MA) Kissell In my State of Ohio, we saw a Gov- Employees and employers ought to Clarke (MI) Fudge Kucinich ernor try to silence our firefighters, get a fair election. The NLRB should Clarke (NY) Garamendi Langevin teachers, our police officers, our not be slanting it, handing it to Big Clay Gonzalez Larsen (WA) nurses, and other people who serve Cleaver Green, Al Larson (CT) Labor bosses. Clyburn Green, Gene Lee (CA) Ohio. Instead of focusing on jobs, the So this is an effort to kill the bill. I Cohen Grijalva Levin Governor and his allies pushed the bill believe it is a good bill that restores Connolly (VA) Hahn Lewis (GA)

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18467 Lipinski Pastor (AZ) Scott, David Ross (FL) Simpson Upton Fudge Loebsack Ross (AR) Loebsack Payne Serrano Royce Smith (NE) Walberg Garamendi Lofgren, Zoe Rothman (NJ) Lofgren, Zoe Pelosi Sewell Runyan Smith (NJ) Walden Gonzalez Lowey Roybal-Allard Lowey Perlmutter Sherman Ryan (WI) Smith (TX) Walsh (IL) Green, Al Luja´ n Runyan Luja´ n Peters Sires Scalise Southerland Webster Green, Gene Lynch Rush Lynch Peterson Slaughter Schilling Stearns West Grijalva Maloney Ryan (OH) Maloney Pingree (ME) Speier Schmidt Stivers Westmoreland Grimm Markey Sa´ nchez, Linda Markey Polis Stark Schock Stutzman Whitfield Hahn Matsui T. Schweikert Sullivan Wilson (SC) Matsui Price (NC) Sutton Hanabusa McCarthy (NY) Sanchez, Loretta Scott (SC) Terry Wittman McCarthy (NY) Quigley Thompson (CA) Hastings (FL) McCollum Sarbanes Scott, Austin Thompson (PA) Wolf Schakowsky McCollum Rahall Thompson (MS) Heinrich McDermott McDermott Rangel Sensenbrenner Thornberry Womack Higgins McGovern Schiff Tierney McGovern Reyes Sessions Tiberi Woodall Himes McIntyre Schrader Tonko McNerney Richardson Shimkus Tipton Yoder Hinchey McKinley Schwartz Towns Meeks Richmond Shuler Turner (NY) Young (AK) Hinojosa McNerney Scott (VA) Michaud Rothman (NJ) Tsongas Shuster Turner (OH) Young (IN) Hirono Meeks Scott, David Miller (NC) Roybal-Allard Van Hollen Hochul Michaud Serrano ´ NOT VOTING—16 Miller, George Rush Velazquez Holden Miller (NC) Sewell Moore Ryan (OH) Visclosky Bachmann Gutierrez Ruppersberger Holt Miller, George Sherman Moran Sa´ nchez, Linda Walz (MN) Baldwin Mack Smith (WA) Honda Moore Shuler Murphy (CT) T. Waters Berman McKeon Wasserman Hoyer Moran Sires Nadler Sanchez, Loretta Watt Dicks Paul Schultz Inslee Murphy (CT) Slaughter Napolitano Sarbanes Waxman Dreier Rogers (MI) Young (FL) Israel Nadler Smith (NJ) Neal Schakowsky Welch Giffords Ros-Lehtinen Jackson (IL) Napolitano Speier Olver Schiff Wilson (FL) Jackson Lee Neal Stark Owens Schrader Woolsey b 1713 (TX) Olver Sutton Pallone Schwartz Yarmuth Johnson (GA) Owens Thompson (CA) Pascrell Scott (VA) Mr. BARTLETT and Mrs. MCMORRIS Johnson (IL) Pallone Thompson (MS) RODGERS changed their vote from Johnson, E. B. Pascrell Tierney NOES—241 Kaptur Pastor (AZ) Tonko ‘‘aye’’ to ‘‘no.’’ Keating Payne Towns Adams Fincher LaTourette Mr. DAVIS of Illinois changed his Kildee Perlmutter Tsongas Aderholt Fitzpatrick Latta vote from ‘‘no’’ to ‘‘aye.’’ Kind Peters Van Hollen Akin Flake Lewis (CA) Kissell Peterson Vela´ zquez Alexander Fleischmann LoBiondo So the motion was rejected. Kucinich Pingree (ME) Visclosky Amash Fleming Long The result of the vote was announced Langevin Polis Walz (MN) Amodei Flores Lucas Larsen (WA) Price (NC) Waters Austria Forbes Luetkemeyer as above recorded. Stated against: Larson (CT) Quigley Watt Bachus Fortenberry Lummis Lee (CA) Rahall Waxman Barletta Foxx Lungren, Daniel Ms. ROS-LEHTINEN. Mr. Chair, on rollcall Levin Rangel Welch Barrow Franks (AZ) E. No. 863 I was unavoidably detained in a na- Lewis (GA) Reyes Wilson (FL) Bartlett Frelinghuysen Manzullo tional security briefing. Had I been present, I Lipinski Richardson Woolsey Barton (TX) Gallegly Marchant LoBiondo Richmond Yarmuth Bass (NH) Gardner Marino would have voted ‘‘no.’’ Benishek Garrett Matheson AMENDMENT NO. 1 OFFERED BY MR. BISHOP OF NOES—228 Berg Gerlach McCarthy (CA) Biggert Gibbs McCaul NEW YORK Adams Davis (KY) Herrera Beutler Bilbray Gibson McClintock The Acting CHAIR. The unfinished Aderholt Denham Huelskamp Bilirakis Gingrey (GA) McCotter business is the demand for a recorded Akin Dent Huizenga (MI) Bishop (UT) Gohmert McHenry Alexander DesJarlais Hultgren Black Goodlatte McIntyre vote on the amendment offered by the Amash Diaz-Balart Hunter Blackburn Gosar McKinley gentleman from New York (Mr. BISHOP) Amodei Dold Hurt Bonner Gowdy McMorris on which further proceedings were Austria Duffy Issa Bono Mack Granger Rodgers postponed and on which the noes pre- Bachus Duncan (SC) Jenkins Boren Graves (GA) Meehan Barletta Duncan (TN) Johnson (OH) Boustany Graves (MO) Mica vailed by voice vote. Bartlett Ellmers Johnson, Sam Brady (TX) Griffin (AR) Miller (FL) The Clerk will redesignate the Barton (TX) Emerson Jones Brooks Griffith (VA) Miller (MI) amendment. Bass (NH) Farenthold Jordan Broun (GA) Grimm Miller, Gary Benishek Fincher Kelly Buchanan Guinta Mulvaney The Clerk redesignated the amend- Berg Fitzpatrick King (IA) Bucshon Guthrie Murphy (PA) ment. Biggert Flake King (NY) Buerkle Hall Myrick RECORDED VOTE Bilbray Fleischmann Kingston Burgess Hanna Neugebauer Bilirakis Fleming Kinzinger (IL) Burton (IN) Harper Noem The Acting CHAIR. A recorded vote Bishop (UT) Flores Kline Calvert Harris Nugent has been demanded. Black Forbes Labrador Camp Hartzler Nunes A recorded vote was ordered. Blackburn Fortenberry Lamborn Campbell Hastings (WA) Nunnelee Bonner Foxx Lance Canseco Hayworth Olson The Acting CHAIR. This will be a 2- Bono Mack Franks (AZ) Landry Cantor Heck Palazzo minute vote. Boren Frelinghuysen Lankford Capito Hensarling Paulsen The vote was taken by electronic de- Boustany Gallegly Latham Carter Herger Pearce vice, and there were—ayes 187, noes 228, Brady (TX) Gardner LaTourette Cassidy Herrera Beutler Pence Brooks Garrett Latta Chabot Huelskamp Petri not voting 18, as follows: Broun (GA) Gerlach Lewis (CA) Chaffetz Huizenga (MI) Pitts [Roll No. 864] Buchanan Gibbs Long Coble Hultgren Platts Bucshon Gibson Lucas Coffman (CO) Hunter Poe (TX) AYES—187 Buerkle Gingrey (GA) Luetkemeyer Cole Hurt Pompeo Ackerman Carney Cuellar Burgess Gohmert Lummis Conaway Issa Posey Altmire Carson (IN) Cummings Burton (IN) Goodlatte Lungren, Daniel Cooper Jenkins Price (GA) Andrews Castor (FL) Davis (CA) Calvert Gosar E. Cravaack Johnson (IL) Quayle Baca Chandler Davis (IL) Camp Gowdy Manzullo Crawford Johnson (OH) Reed Barrow Chu DeFazio Campbell Granger Marchant Crenshaw Johnson, Sam Rehberg Bass (CA) Cicilline DeGette Canseco Graves (GA) Marino Cuellar Jones Reichert Becerra Clarke (MI) DeLauro Cantor Graves (MO) Matheson Culberson Jordan Renacci Berkley Clarke (NY) Deutch Capito Griffin (AR) McCarthy (CA) Davis (KY) Kelly Ribble Bishop (GA) Clay Dingell Carter Griffith (VA) McCaul Denham King (IA) Rigell Bishop (NY) Cleaver Doggett Cassidy Guinta McClintock Dent King (NY) Rivera Blumenauer Clyburn Donnelly (IN) Chabot Guthrie McCotter DesJarlais Kingston Roby Boswell Cohen Doyle Chaffetz Hall McHenry Diaz-Balart Kinzinger (IL) Roe (TN) Brady (PA) Connolly (VA) Edwards Coble Hanna McMorris Dold Kline Rogers (AL) Braley (IA) Conyers Ellison Coffman (CO) Harper Rodgers Duffy Labrador Rogers (KY) Brown (FL) Cooper Engel Cole Hartzler Meehan Duncan (SC) Lamborn Rohrabacher Butterfield Costa Eshoo Conaway Hastings (WA) Mica Duncan (TN) Lance Rokita Capps Costello Farr Cravaack Hayworth Miller (FL) Ellmers Landry Rooney Capuano Courtney Fattah Crawford Heck Miller (MI) Emerson Lankford Roskam Cardoza Critz Filner Crenshaw Hensarling Miller, Gary Farenthold Latham Ross (AR) Carnahan Crowley Frank (MA) Culberson Herger Mulvaney

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18468 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 Murphy (PA) Roe (TN) Stivers Ellison Levin Richmond Miller (FL) Rivera Southerland Myrick Rogers (AL) Stutzman Engel Lewis (GA) Ross (AR) Miller (MI) Roby Stearns Neugebauer Rogers (KY) Sullivan Eshoo Lipinski Rothman (NJ) Miller, Gary Roe (TN) Stivers Noem Rohrabacher Terry Farr Loebsack Roybal-Allard Mulvaney Rogers (AL) Stutzman Nugent Rokita Thompson (PA) Fattah Lofgren, Zoe Ruppersberger Murphy (PA) Rogers (KY) Sullivan Nunes Rooney Thornberry Filner Lowey Rush Myrick Rogers (MI) Terry Nunnelee Ros-Lehtinen Tiberi Frank (MA) Luja´ n Ryan (OH) Neugebauer Rohrabacher Thompson (PA) Olson Roskam Tipton Fudge Lynch Sa´ nchez, Linda Noem Rokita Thornberry Palazzo Ross (FL) Nugent Rooney Turner (NY) Garamendi Maloney T. Tiberi Paulsen Royce Nunes Ros-Lehtinen Turner (OH) Gonzalez Markey Sanchez, Loretta Tipton Pence Ryan (WI) Upton Green, Al Matsui Sarbanes Nunnelee Roskam Petri Scalise Olson Ross (FL) Turner (NY) Walberg Green, Gene McCarthy (NY) Schakowsky Pitts Schilling Owens Royce Turner (OH) Walden Grijalva McCollum Schiff Platts Schmidt Palazzo Runyan Upton Walsh (IL) Hahn McDermott Schrader Poe (TX) Schock Paulsen Ryan (WI) Walberg Webster Hanabusa McGovern Schwartz Pompeo Schweikert Hastings (FL) McIntyre Scott (VA) Pence Scalise Walden West Posey Scott (SC) Heinrich McKinley Scott, David Petri Schilling Walsh (IL) Westmoreland Price (GA) Scott, Austin Higgins McNerney Serrano Pitts Schmidt Webster Whitfield Quayle Sensenbrenner Hinchey Meeks Sewell Platts Schock West Wilson (SC) Reed Sessions Hinojosa Michaud Sherman Poe (TX) Schweikert Westmoreland Wittman Rehberg Shimkus Hirono Miller (NC) Sires Polis Scott (SC) Whitfield Wolf Reichert Shuster Holden Miller, George Slaughter Pompeo Scott, Austin Wilson (SC) Renacci Simpson Womack Holt Moore Smith (WA) Posey Sensenbrenner Wittman Ribble Smith (NE) Woodall Honda Moran Speier Price (GA) Sessions Wolf Rigell Smith (TX) Yoder Hoyer Murphy (CT) Stark Quayle Shimkus Womack Rivera Southerland Young (AK) Inslee Nadler Sutton Reed Shuler Woodall Roby Stearns Young (IN) Rehberg Israel Napolitano Thompson (CA) Shuster Yoder Reichert Simpson Jackson (IL) Neal Thompson (MS) Young (AK) NOT VOTING—18 Renacci Smith (NE) Jackson Lee Olver Tierney Young (FL) Bachmann Harris Ruppersberger Ribble Smith (NJ) (TX) Pallone Tonko Young (IN) Baldwin Mack Smith (WA) Johnson (GA) Pascrell Towns Rigell Smith (TX) Berman McKeon Wasserman Johnson, E. B. Pastor (AZ) Tsongas NOT VOTING—13 Dicks Paul Schultz Kaptur Payne Van Hollen Dreier Pearce Young (FL) Keating Perlmutter Vela´ zquez Bachmann Giffords Pearce Giffords Pelosi Kildee Peters Visclosky Baldwin Gutierrez Pelosi Gutierrez Rogers (MI) Kind Peterson Walz (MN) Broun (GA) LaTourette Wasserman Kissell Pingree (ME) Waters Cantor Mack Schultz ANNOUNCEMENT BY THE ACTING CHAIR Kucinich Price (NC) Watt Dreier Paul The Acting CHAIR (during the vote). Langevin Quigley Waxman ANNOUNCEMENT BY THE ACTING CHAIR There is 1 minute remaining. Larsen (WA) Rahall Welch Larson (CT) Rangel Wilson (FL) The Acting CHAIR (during the vote). 1718 Latham Reyes Woolsey There is 1 minute remaining. b Lee (CA) Richardson Yarmuth So the amendment was rejected. b 1722 NOES—239 The result of the vote was announced So the amendment was rejected. as above recorded. Adams Davis (KY) Herger Aderholt Denham Herrera Beutler The result of the vote was announced AMENDMENT NO. 2 OFFERED BY MR. BOSWELL Akin Dent Himes as above recorded. Alexander DesJarlais Hochul The Acting CHAIR. The unfinished AMENDMENT NO. 3 OFFERED BY MR. WALZ OF business is the demand for a recorded Amash Diaz-Balart Huelskamp Amodei Dold Huizenga (MI) MINNESOTA vote on the amendment offered by the Austria Duffy Hultgren The Acting CHAIR. The unfinished gentleman from Iowa (Mr. BOSWELL) on Bachus Duncan (SC) Hunter business is the demand for a recorded which further proceedings were post- Barletta Ellmers Hurt vote on the amendment offered by the poned and on which the noes prevailed Bartlett Emerson Issa Barton (TX) Farenthold Jenkins gentleman from Minnesota (Mr. WALZ) by voice vote. Bass (NH) Fincher Johnson (IL) on which further proceedings were The Clerk will redesignate the Benishek Fitzpatrick Johnson (OH) postponed and on which the noes pre- amendment. Berg Flake Johnson, Sam Biggert Fleischmann Jones vailed by voice vote. The Clerk redesignated the amend- Bilbray Fleming Jordan The Clerk will redesignate the ment. Bilirakis Flores Kelly amendment. RECORDED VOTE Bishop (UT) Forbes King (IA) Black Fortenberry King (NY) The Clerk redesignated the amend- The Acting CHAIR. A recorded vote Blackburn Foxx Kingston ment. has been demanded. Bonner Franks (AZ) Kinzinger (IL) RECORDED VOTE A recorded vote was ordered. Bono Mack Frelinghuysen Kline Boren Gallegly Labrador The Acting CHAIR. A recorded vote The Acting CHAIR. This will be a 2- Boustany Gardner Lamborn has been demanded. minute vote. Brady (TX) Garrett Lance A recorded vote was ordered. The vote was taken by electronic de- Brooks Gerlach Landry The Acting CHAIR. This will be a 2- vice, and there were—ayes 181, noes 239, Buchanan Gibbs Lankford Bucshon Gibson Latta minute vote. not voting 13, as follows: Buerkle Gingrey (GA) Lewis (CA) The vote was taken by electronic de- [Roll No. 865] Burgess Gohmert LoBiondo vice, and there were—ayes 200, noes 221, Burton (IN) Goodlatte Long AYES—181 Calvert Gosar Lucas not voting 12, as follows: Ackerman Capuano Costello Camp Gowdy Luetkemeyer [Roll No. 866] Altmire Cardoza Courtney Campbell Granger Lummis Andrews Carnahan Critz Canseco Graves (GA) Lungren, Daniel AYES—200 Baca Carney Crowley Capito Graves (MO) E. Ackerman Brady (PA) Clarke (NY) Barrow Carson (IN) Cummings Carter Griffin (AR) Manzullo Altmire Braley (IA) Clay Bass (CA) Castor (FL) Davis (CA) Cassidy Griffith (VA) Marchant Andrews Brown (FL) Cleaver Becerra Chandler Davis (IL) Chabot Grimm Marino Baca Butterfield Clyburn Berkley Chu DeFazio Chaffetz Guinta Matheson Barrow Capps Cohen Berman Cicilline DeGette Coble Guthrie McCarthy (CA) Bartlett Capuano Connolly (VA) Bishop (GA) Clarke (MI) DeLauro Coffman (CO) Hall McCaul Bass (CA) Cardoza Conyers Bishop (NY) Clarke (NY) Deutch Cole Hanna McClintock Becerra Carnahan Costa Blumenauer Clay Dicks Conaway Harper McCotter Berkley Carney Costello Boswell Cleaver Dingell Cooper Harris McHenry Berman Carson (IN) Courtney Brady (PA) Clyburn Doggett Cravaack Hartzler McKeon Bishop (GA) Castor (FL) Critz Braley (IA) Cohen Donnelly (IN) Crawford Hastings (WA) McMorris Bishop (NY) Chandler Crowley Brown (FL) Connolly (VA) Doyle Crenshaw Hayworth Rodgers Blumenauer Chu Cuellar Butterfield Conyers Duncan (TN) Cuellar Heck Meehan Boren Cicilline Cummings Capps Costa Edwards Culberson Hensarling Mica Boswell Clarke (MI) Davis (CA)

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18469 Davis (IL) Kildee Quigley Lucas Poe (TX) Shuster [Roll No. 867] DeFazio Kind Rahall Luetkemeyer Pompeo Simpson DeGette King (NY) Rangel Lummis Posey Smith (NE) AYES—188 Lungren, Daniel Price (GA) DeLauro Kissell Reyes Smith (TX) Ackerman Green, Gene Owens E. Quayle Deutch Kucinich Richardson Southerland Altmire Grijalva Pallone Dicks Langevin Manzullo Reed Richmond Stearns Andrews Grimm Pascrell Dingell Larsen (WA) Marchant Rehberg Ross (AR) Stivers Baca Hahn Pastor (AZ) Doggett Larson (CT) Marino Reichert Rothman (NJ) Stutzman Bass (CA) Hanabusa Payne Donnelly (IN) Latham McCarthy (CA) Renacci Roybal-Allard Sullivan Becerra Hastings (FL) Pelosi Doyle Lee (CA) McCaul Ribble Runyan Terry Berkley Heinrich Perlmutter Duncan (TN) Levin McClintock Rigell Ruppersberger Thompson (PA) Berman Higgins Edwards Lewis (GA) McCotter Rivera Peters Rush Thornberry Bishop (GA) Himes Ellison Lipinski McHenry Roby Peterson Ryan (OH) Tiberi Bishop (NY) Hinchey Pingree (ME) Engel LoBiondo McKeon Roe (TN) Blumenauer Hinojosa Sa´ nchez, Linda Tipton Polis Eshoo Loebsack McMorris Rogers (AL) Boswell Hirono T. Turner (NY) Price (NC) Farr Lofgren, Zoe Rodgers Rogers (KY) Brady (PA) Hochul Sanchez, Loretta Turner (OH) Quigley Fattah Lowey Meehan Rogers (MI) Braley (IA) Holden Sarbanes Upton Rahall Filner Luja´ n Mica Rohrabacher Brown (FL) Holt Schakowsky Walberg Fitzpatrick Lynch Miller (FL) Rokita Butterfield Honda Rangel Schiff Frank (MA) Maloney Miller (MI) Rooney Walden Capps Hoyer Reyes Fudge Markey Schrader Miller, Gary Ros-Lehtinen Walsh (IL) Capuano Inslee Richardson Garamendi Matheson Schwartz Mulvaney Roskam Webster Cardoza Israel Richmond Gibson Matsui Scott (VA) Murphy (PA) Ross (FL) West Carnahan Jackson (IL) Ross (AR) Gonzalez McCarthy (NY) Scott, David Myrick Royce Westmoreland Carney Jackson Lee Rothman (NJ) Green, Al McCollum Serrano Neugebauer Ryan (WI) Whitfield Carson (IN) (TX) Roybal-Allard Green, Gene McDermott Sewell Noem Scalise Wilson (SC) Castor (FL) Johnson (GA) Runyan Nugent Grijalva McGovern Sherman Schilling Wittman Chandler Johnson (IL) Ruppersberger Nunes Schmidt Grimm McIntyre Shuler Wolf Chu Johnson, E. B. Rush Nunnelee Schock Hahn McKinley Sires Womack Cicilline Kaptur Ryan (OH) Olson Schweikert Hanabusa McNerney Slaughter Clarke (MI) Keating Sa´ nchez, Linda Palazzo Scott (SC) Woodall Hastings (FL) Meeks Smith (NJ) Clarke (NY) Kildee T. Paulsen Scott, Austin Yoder Heinrich Michaud Smith (WA) Clay Kind Sanchez, Loretta Pence Sensenbrenner Young (AK) Higgins Miller (NC) Speier Cleaver Kissell Sarbanes Petri Sessions Young (FL) Himes Miller, George Stark Clyburn Kucinich Schakowsky Pitts Shimkus Young (IN) Hinchey Moore Sutton Cohen Langevin Schiff Hinojosa Moran Thompson (CA) NOT VOTING—12 Connolly (VA) Larsen (WA) Schrader Hirono Murphy (CT) Thompson (MS) Conyers Larson (CT) Schwartz Bachmann Giffords Pelosi Hochul Nadler Tierney Costa Lee (CA) Scott (VA) Holden Napolitano Baldwin Gutierrez Wasserman Tonko Costello Levin Scott, David Holt Neal Cantor Mack Schultz Towns Courtney Lewis (GA) Serrano Honda Olver Coffman (CO) Paul Critz Lipinski Tsongas Sewell Hoyer Owens Dreier Pearce Crowley LoBiondo Van Hollen Sherman Inslee Pallone Cummings Loebsack ´ ANNOUNCEMENT BY THE ACTING CHAIR Sires Israel Pascrell Velazquez Davis (CA) Lofgren, Zoe Slaughter Jackson (IL) Pastor (AZ) Visclosky The Acting CHAIR (during the vote). Davis (IL) Lowey Smith (NJ) Jackson Lee Payne Walz (MN) DeFazio Luja´ n There is 1 minute remaining. Smith (WA) (TX) Perlmutter Waters DeGette Lynch Speier Johnson (GA) Peters Watt DeLauro Maloney b 1727 Stark Johnson (IL) Peterson Waxman Deutch Markey Sutton Johnson, E. B. Pingree (ME) Welch Mr. DUNCAN of Tennessee changed Dicks Matsui Thompson (CA) Jones Platts Wilson (FL) Dingell McCarthy (NY) his vote from ‘‘no’’ to ‘‘aye.’’ Thompson (MS) Kaptur Polis Woolsey So the amendment was rejected. Doggett McCollum Keating Price (NC) Yarmuth Dold McDermott Tierney The result of the vote was announced Donnelly (IN) McGovern Tonko NOES—221 as above recorded. Doyle McKinley Towns Edwards McNerney Tsongas Adams Cole Graves (MO) Stated against: Ellison Meeks Van Hollen Aderholt Conaway Griffin (AR) Mr. COFFMAN of Colorado. Mr. Chair, on Engel Michaud Vela´ zquez Akin Cooper Griffith (VA) rollcall No. 866 I was unavoidably detained Eshoo Miller (NC) Visclosky Alexander Cravaack Guinta Farr Miller, George Walz (MN) Amash Crawford Guthrie and I would have voted ‘‘no.’’ Fattah Moore Waters Amodei Crenshaw Hall PERSONAL EXPLANATION Filner Moran Watt Austria Culberson Hanna Mr. PEARCE. Mr. Chair, on rollcall Frank (MA) Murphy (CT) Waxman Bachus Davis (KY) Harper Fudge Nadler Welch Barletta Denham Harris Nos. 864, 865, and 866 I was unavoidably Garamendi Napolitano Wilson (FL) Barton (TX) Dent Hartzler detained. Had I been present, I would Gonzalez Neal Woolsey Bass (NH) DesJarlais Hastings (WA) have voted ‘‘no.’’ Green, Al Olver Yarmuth Benishek Diaz-Balart Hayworth Berg Dold Heck AMENDMENT NO. 4 OFFERED BY MS. JACKSON Biggert Duffy Hensarling LEE OF TEXAS NOES—236 Bilbray Duncan (SC) Herger The Acting CHAIR. The unfinished Adams Brooks Davis (KY) Bilirakis Ellmers Herrera Beutler Aderholt Broun (GA) Denham Bishop (UT) Emerson Huelskamp business is the demand for a recorded Akin Buchanan Dent Black Farenthold Huizenga (MI) vote on the amendment offered by the Alexander Bucshon DesJarlais Blackburn Fincher Hultgren gentlewoman from Texas (Ms. JACKSON Amash Buerkle Diaz-Balart Bonner Flake Hunter LEE) on which further proceedings were Amodei Burgess Duffy Bono Mack Fleischmann Hurt Austria Burton (IN) Duncan (SC) Boustany Fleming Issa postponed and on which the noes pre- Bachus Calvert Duncan (TN) Brady (TX) Flores Jenkins vailed by voice vote. Barletta Camp Ellmers Brooks Forbes Johnson (OH) The Clerk will redesignate the Barrow Campbell Emerson Broun (GA) Fortenberry Johnson, Sam Bartlett Canseco Farenthold Buchanan Foxx Jordan amendment. Barton (TX) Capito Fincher Bucshon Franks (AZ) Kelly The Clerk redesignated the amend- Bass (NH) Carter Fitzpatrick Buerkle Frelinghuysen King (IA) ment. Benishek Cassidy Flake Burgess Gallegly Kingston Berg Chabot Fleischmann Burton (IN) Gardner Kinzinger (IL) RECORDED VOTE Biggert Chaffetz Fleming Calvert Garrett Kline The Acting CHAIR. A recorded vote Bilbray Coble Flores Camp Gerlach Labrador has been demanded. Bilirakis Coffman (CO) Forbes Campbell Gibbs Lamborn Bishop (UT) Cole Fortenberry Canseco Gingrey (GA) Lance A recorded vote was ordered. Black Conaway Foxx Capito Gohmert Landry The Acting CHAIR. This will be a 2- Blackburn Cooper Franks (AZ) Carter Goodlatte Lankford minute vote. Bonner Cravaack Frelinghuysen Cassidy Gosar LaTourette The vote was taken by electronic de- Bono Mack Crawford Gallegly Chabot Gowdy Latta Boren Crenshaw Gardner Chaffetz Granger Lewis (CA) vice, and there were—ayes 188, noes 236, Boustany Cuellar Garrett Coble Graves (GA) Long not voting 9, as follows: Brady (TX) Culberson Gerlach

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.001 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18470 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 Gibbs Lummis Rohrabacher The SPEAKER pro tempore. Under amended, will immediately be voted Gibson Lungren, Daniel Rokita the rule, the previous question is or- upon for final passage. We may strong- Gingrey (GA) E. Rooney Gohmert Manzullo Ros-Lehtinen dered. ly disagree on the bill in question, but Goodlatte Marchant Roskam The question is on the committee surely no one in this Chamber can dis- Gosar Marino Ross (FL) amendment in the nature of a sub- agree that, in these hard times, work- Gowdy Matheson Royce stitute. ing families in this country deserve a Granger McCarthy (CA) Ryan (WI) Graves (GA) McCaul Scalise The amendment was agreed to. fair shake. Unfortunately, the under- Graves (MO) McClintock Schilling The SPEAKER pro tempore. The lying bill, as written, is fundamentally Griffin (AR) McCotter Schmidt question is on the engrossment and Griffith (VA) McHenry unfair. Schock Guinta McIntyre third reading of the bill. Mr. Speaker, a few weeks ago, in my Schweikert Guthrie McKeon The bill was ordered to be engrossed home State of Ohio, voters, in an exer- Scott (SC) Hall McMorris and read a third time, and was read the cise of direct democracy, voted to over- Hanna Rodgers Scott, Austin Harper Meehan Sensenbrenner third time. whelmingly repeal the infamous senate Harris Mica Sessions MOTION TO RECOMMIT bill 5, which was a fundamentally un- Hartzler Miller (FL) Shimkus fair and extreme attack on workers. In Shuler Ms. SUTTON. Mr. Speaker, I have a Hastings (WA) Miller (MI) a resounding victory for middle class Hayworth Miller, Gary Shuster motion to recommit at the desk. Heck Mulvaney Simpson The SPEAKER pro tempore. Is the Ohioans, many Democrats and Repub- Hensarling Murphy (PA) Smith (NE) gentlewoman opposed to the bill? licans alike went to the polls and Herger Myrick Smith (TX) Ms. SUTTON. I am in its current soundly rejected the union-busting ef- Herrera Beutler Neugebauer Southerland Huelskamp Noem Stearns form. fort that would have unfairly silenced Huizenga (MI) Nugent Stivers The SPEAKER pro tempore. The workers and stacked the deck against Hultgren Nunes Stutzman Clerk will report the motion to recom- them. At a time when public officials Hunter Nunnelee Sullivan mit. across every level of government Hurt Olson Terry Issa Palazzo Thompson (PA) The Clerk read as follows: should be focused on getting Americans Jenkins Paulsen Thornberry Ms. Sutton moves to recommit the bill, back to work, the underlying bill be- Johnson (OH) Pearce Tiberi H.R. 3094, to the Committee on Education fore us today, like Ohio’s recently re- Johnson, Sam Pence Tipton and the Workforce with instructions to re- pealed senate bill 5, would unfairly Jones Petri Turner (NY) Jordan Pitts port the same to the House forthwith with stack the deck against our workers and Turner (OH) Kelly Platts the following amendment: Upton American jobs. King (IA) Poe (TX) Walberg At the end of the bill, insert the following: But the good news, Mr. Speaker, is King (NY) Pompeo Kingston Posey Walden SEC. 3. ADDITIONAL PROVISIONS TO ENSURE A that it doesn’t have to be that way. Kinzinger (IL) Price (GA) Walsh (IL) LEVEL PLAYING FIELD FOR EM- Right here, right now, Democrats and Kline Quayle Webster PLOYEES AND EQUAL ACCESS TO Republicans together, like so many Labrador Reed West VOTERS AND TO DISCOURAGE OUT- Lamborn Rehberg Westmoreland SOURCING. voters in Ohio joined together, can Lance Reichert Whitfield Section 9 of the National Labor Relations stand up for fairness and the middle Landry Renacci Wilson (SC) Act (29 U.S.C. 159) is further amended by in- class, and can pass this amendment. Lankford Ribble Wittman serting at the end of subsection (c)(1) the fol- Wolf Our amendment would improve the bill Latham Rigell lowing new subparagraph: LaTourette Rivera Womack in three very important ways: Latta Roby Woodall ‘‘(C) LEVEL PLAYING FIELD FOR EMPLOYEES First, it would level the playing field Lewis (CA) Roe (TN) Yoder AND CORPORATE DIRECTORS.—Once an election between employees and corporate by employees is directed by the Board, noth- Long Rogers (AL) Young (AK) boards. Lucas Rogers (KY) Young (FL) ing in this subsection shall require a longer Luetkemeyer Rogers (MI) Young (IN) delay for employees to vote for a bargaining It’s only fair. When workers choose whether to or- NOT VOTING—9 representative than is required for the board of directors to vote for a chief executive offi- ganize a union, they’re choosing who Bachmann Giffords Wasserman cer under the incorporation laws of the State their representative will be in the Baldwin Gutierrez Schultz Cantor Mack where the employer is located. workplace. When a board of directors Dreier Paul ‘‘(D) FREE AND FAIR ELECTIONS AND EQUAL takes a vote on whether to hire a CEO, ACCESS TO VOTERS.—Upon the filing of a peti- it’s choosing management’s representa- 1732 b tion for an election, the Board shall ensure tive in the workplace. I doubt that pro- So the amendment was rejected. an equal opportunity for each party to ac- cess and inform voters prior to the election, ponents of this bill would ever think of The result of the vote was announced including by prohibiting campaign meetings leaving a corporation voiceless or as above recorded. for which employee attendance is mandatory would ever think of throwing obstacles The Acting CHAIR (Mr. CHAFFETZ). or employee time is paid unless both parties in the way of a corporate board of di- The question is on the committee mutually agree to waive such prohibition. rectors’ ability to choose its next CEO. amendment in the nature of a sub- ‘‘(E) PROHIBITION ON CORPORATIONS THAT Yet that’s exactly what this bill before stitute. OUTSOURCE JOBS.—Notwithstanding subpara- us does to workers. The amendment was agreed to. graph (B), an employer that outsourced jobs It’s not right. Workers shouldn’t The Acting CHAIR. Under the rule, to a foreign country or announced plans to have to wait any longer than a cor- outsource jobs to a foreign country during the Committee rises. the 1-year period preceding the filing of a pe- porate board of directors. So this Accordingly, the Committee rose; tition under this subsection may not engage amendment levels things out by saying and the Speaker pro tempore (Mr. in the dilatory tactic of raising new issues or that nothing in this bill will impose YODER) having assumed the chair, Mr. positions during a pre-election hearing that any longer of a waiting period for CHAFFETZ, Acting Chair of the Com- were not raised prior to the commencement workers to vote for a union than any mittee of the Whole House on the state of the hearing.’’. State law imposes on a board of direc- of the Union, reported that that Com- Mr. KLINE. Mr. Speaker, I reserve all tors voting on a CEO. mittee, having had under consideration points of order against the motion. Second, this amendment will make the bill (H.R. 3094) to amend the Na- The SPEAKER pro tempore. A point sure that elections proceed legiti- tional Labor Relations Act with re- of order is reserved. mately and fairly. spect to representation hearings and The gentlewoman from Ohio is recog- Everyone can agree that workers de- the timing of elections of labor organi- nized for 5 minutes. serve to be fully informed. So this zations under that Act, and, pursuant Ms. SUTTON. Mr. Speaker, I am op- amendment requires that, when a peti- to House Resolution 470, reported the posed to this bill, but let me begin by tion for an election is filed, the board bill back to the House with an amend- saying that this final amendment, if must ensure an equal opportunity for ment adopted in the Committee of the adopted, will not kill the bill or send it workers to hear from all sides. Under Whole. back to committee. Instead, the bill, as current law, Mr. Speaker, only one

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18471 party—the employer—can engage in crats have introduced yet another pro- Larson (CT) Pallone Scott (VA) what is called ‘‘captive audience meet- posal that will make it more difficult Lee (CA) Pascrell Scott, David Levin Pastor (AZ) Serrano ings.’’ Only one party can force the for job creators, employers, to put Lewis (GA) Payne Sewell voters to attend campaign speeches, Americans back to work. Rather than Lipinski Pelosi Sherman rallies, and meetings or be fired. Under promoting a balanced election process, Loebsack Perlmutter Shuler this motion, under this amendment, this motion to recommit will further Lofgren, Zoe Peters Sires Lowey Peterson Slaughter ´ the parties would agree to equal access tilt the playing field in favor of Big Lujan Pingree (ME) Smith (WA) to voters. Labor bosses. Lynch Polis Speier It’s only fair. No more captive audi- It’s time for the Democrats here to Maloney Price (NC) Stark Markey Quigley Sutton ence meetings unless the parties agree, stop standing in the way of the Na- Matsui Rahall Thompson (CA) unless there is fair and equal access to tion’s job creators and work on com- McCarthy (NY) Rangel Thompson (MS) voters so that all sides may be heard McCollum Reyes monsense solutions that will allow job Tierney and so that workers can judge for creators to put Americans back to McDermott Richardson McGovern Richmond Tonko themselves and make fully informed work. Mr. Speaker, the underlying bill McIntyre Ross (AR) Towns choices when it comes time to vote. protects employers’ free speech and McNerney Rothman (NJ) Tsongas Finally and importantly, this amend- employees’ opportunity to make an in- Meeks Roybal-Allard Van Hollen ment discourages job outsourcing. Michaud Ruppersberger Vela´ zquez formed decision. Miller (NC) Rush Visclosky With 9 percent unemployment in the This motion to recommit undoes Miller, George Ryan (OH) Walz (MN) country and with our economy barely that. We need to defeat this motion to Moore Sa´ nchez, Linda Waters growing, the last thing we want to do recommit for what it is and support Moran T. Watt is reward companies that ship jobs Murphy (CT) Sanchez, Loretta Waxman the underlying legislation. Let’s vote Nadler Sarbanes Welch overseas. ‘‘no’’ on this motion. Napolitano Schakowsky Wilson (FL) b 1740 I yield back the balance of my time. Neal Schiff Woolsey The SPEAKER pro tempore. Without Olver Schrader Yarmuth The underlying bill provides employ- Owens Schwartz ers with a nasty weapon for tactical objection, the previous question is or- delay. It allows employers to drag out dered on the motion to recommit. NOES—239 preelection hearings indefinitely, pre- There was no objection. Adams Emerson Lance The SPEAKER pro tempore. The Aderholt Farenthold Landry venting an election from ever hap- Akin Fincher Lankford pening. question is on the motion to recommit. The question was taken; and the Alexander Fitzpatrick Latham Employers can raise any issue at a Amash Flake LaTourette time prior to the end of the hearing, Speaker pro tempore announced that Amodei Fleischmann Latta the noes appeared to have it. Austria Fleming Lewis (CA) even issues that have nothing to do Bachus Flores LoBiondo with the conduct of the election or the RECORDED VOTE Barletta Forbes Long question of whether there should be an Ms. SUTTON. Mr. Speaker, I demand Bartlett Fortenberry Lucas election at all. Outsourcers should not a recorded vote. Barton (TX) Foxx Luetkemeyer Bass (NH) Franks (AZ) Lummis have the benefit of a tactical delay to A recorded vote was ordered. Benishek Frelinghuysen Lungren, Daniel help ship jobs overseas. We should not The SPEAKER pro tempore. Pursu- Berg Gallegly E. allow it. ant to clause 8 and clause 9 of rule XX, Biggert Gardner Manzullo This amendment says if you have this 15-minute vote on the motion to Bilbray Garrett Marchant Bilirakis Gerlach Marino outsourced jobs or announced plans to recommit will be followed by 5-minute Bishop (UT) Gibbs Matheson outsource jobs in the past year, you votes on passage of the bill, if ordered; Black Gibson McCarthy (CA) don’t get that privilege. You have to do ordering the previous question on Blackburn Gingrey (GA) McCaul Bonner Gohmert McClintock what every party to a Federal case House Resolution 477; and adoption of Bono Mack Goodlatte McCotter must do: state your claims at the be- House Resolution 477, if ordered. Boren Gosar McHenry ginning of the hearing. We shouldn’t The vote was taken by electronic de- Boustany Gowdy McKeon extend privileges to outsourcers. vice, and there were—ayes 185, noes 239, Brady (TX) Granger McKinley Brooks Graves (GA) McMorris I urge a ‘‘yes’’ vote on this final not voting 9, as follows: Broun (GA) Graves (MO) Rodgers amendment to the bill. [Roll No. 868] Buchanan Griffin (AR) Meehan Bucshon Griffith (VA) Mica Mr. KLINE. Mr. Speaker, I withdraw AYES—185 my reservation of the points of order. Buerkle Grimm Miller (FL) Ackerman Cohen Green, Gene Burgess Guinta Miller (MI) The SPEAKER pro tempore. The gen- Altmire Connolly (VA) Grijalva Burton (IN) Guthrie Miller, Gary tleman’s reservation is withdrawn. Andrews Conyers Hahn Calvert Hall Mulvaney Mr. KLINE. I rise in opposition to Baca Costa Hanabusa Camp Hanna Murphy (PA) the motion to recommit. Barrow Costello Hastings (FL) Campbell Harper Myrick Bass (CA) Courtney Heinrich Canseco Harris Neugebauer The SPEAKER pro tempore. The gen- Becerra Critz Higgins Cantor Hartzler Noem tleman from Minnesota is recognized Berkley Crowley Himes Capito Hastings (WA) Nugent for 5 minutes. Berman Cummings Hinchey Carter Hayworth Nunes Mr. KLINE. Mr. Speaker, this motion Bishop (GA) Davis (CA) Hinojosa Cassidy Heck Olson Bishop (NY) Davis (IL) Hirono Chabot Hensarling Palazzo to recommit is similar to amendments Blumenauer DeFazio Hochul Chaffetz Herger Paulsen we have seen earlier today. We had an Boswell DeGette Holden Coble Herrera Beutler Pearce amendment sort of trying to capitalize Brady (PA) DeLauro Holt Coffman (CO) Huelskamp Pence on the Occupy Wall Street movement Braley (IA) Deutch Honda Cole Huizenga (MI) Petri Brown (FL) Dicks Hoyer Conaway Hultgren Pitts and limit workers’ rights because of be- Butterfield Dingell Inslee Cooper Hunter Platts havior of executives. Capps Doggett Israel Cravaack Hurt Poe (TX) This motion attempts to rewrite ex- Capuano Donnelly (IN) Jackson (IL) Crawford Issa Pompeo isting rules regarding union access to Cardoza Doyle Jackson Lee Crenshaw Jenkins Posey Carnahan Edwards (TX) Cuellar Johnson (IL) Price (GA) employer property. Mr. Speaker, the Carney Ellison Johnson (GA) Culberson Johnson (OH) Quayle point is the current system has been Carson (IN) Engel Johnson, E. B. Davis (KY) Johnson, Sam Reed providing fair elections, as the distin- Castor (FL) Eshoo Jones Denham Jordan Rehberg Chandler Farr Kaptur Dent Kelly Reichert guished minority whip said, for em- Chu Fattah Keating DesJarlais King (IA) Renacci ployers and employees. The NLRB’s job Cicilline Filner Kildee Diaz-Balart King (NY) Ribble is to see that employers and employees Clarke (MI) Frank (MA) Kind Dold Kingston Rigell have fair union-organizing elections. Clarke (NY) Fudge Kissell Duffy Kinzinger (IL) Rivera Clay Garamendi Kucinich Duncan (SC) Kline Roby At a time when millions of Ameri- Cleaver Gonzalez Langevin Duncan (TN) Labrador Roe (TN) cans are searching for work, the Demo- Clyburn Green, Al Larsen (WA) Ellmers Lamborn Rogers (AL)

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18472 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 Rogers (KY) Sessions Upton Hastings (WA) McKeon Roskam Rangel Schwartz Tonko Rogers (MI) Shimkus Walberg Hayworth McKinley Ross (FL) Reyes Scott (VA) Towns Rohrabacher Shuster Walden Heck McMorris Royce Richardson Scott, David Tsongas Rokita Simpson Walsh (IL) Hensarling Rodgers Ryan (WI) Richmond Serrano Van Hollen Rooney Smith (NE) Webster Herger Meehan Scalise Rothman (NJ) Sewell Vela´ zquez Ros-Lehtinen Smith (NJ) West Herrera Beutler Mica Schilling Roybal-Allard Sherman Visclosky Roskam Smith (TX) Westmoreland Huelskamp Miller (FL) Schmidt Runyan Shuler Walz (MN) Ross (FL) Southerland Whitfield Huizenga (MI) Miller (MI) Schock Ruppersberger Sires Waters Royce Stearns Rush Slaughter Wilson (SC) Hultgren Miller, Gary Schweikert Watt Runyan Stivers Ryan (OH) Smith (NJ) Wittman Hunter Mulvaney Scott (SC) Waxman Ryan (WI) Stutzman Hurt Murphy (PA) Scott, Austin Sa´ nchez, Linda Smith (WA) Wolf Welch Scalise Sullivan Issa Myrick Sensenbrenner T. Speier Womack Wilson (FL) Schilling Terry Jenkins Neugebauer Sessions Sanchez, Loretta Stark Woodall Woolsey Schmidt Thompson (PA) Johnson (OH) Noem Shimkus Sarbanes Sutton Yoder Yarmuth Schock Thornberry Johnson, Sam Nugent Shuster Schakowsky Thompson (CA) Schweikert Tiberi Young (AK) Jones Nunes Simpson Schiff Thompson (MS) Young (AK) Scott (SC) Tipton Young (FL) Jordan Nunnelee Smith (NE) Schrader Tierney Scott, Austin Turner (NY) Young (IN) Kelly Olson Smith (TX) NOT VOTING—10 Sensenbrenner Turner (OH) King (IA) Palazzo Southerland Bachmann Giffords Ross (AR) NOT VOTING—9 Kingston Paulsen Stearns Kinzinger (IL) Pearce Stivers Baldwin Gutierrez Wasserman Bachmann Gutierrez Wasserman Kline Pence Stutzman Braley (IA) Mack Schultz Baldwin Mack Schultz Labrador Petri Sullivan Dreier Paul Dreier Nunnelee Lamborn Pitts Terry b 1808 Giffords Paul Lance Platts Thompson (PA) Landry Poe (TX) Thornberry Ms. JACKSON LEE of Texas and Mr. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Lankford Pompeo Tiberi CARSON of Indiana changed their vote The SPEAKER pro tempore (during Latham Posey Tipton Latta Price (GA) Turner (NY) from ‘‘aye’’ to ‘‘no.’’ the vote). There are 2 minutes remain- Mr. SULLIVAN changed his vote ing. Lewis (CA) Quayle Turner (OH) Long Reed Upton from ‘‘no’’ to ‘‘aye.’’ Lucas Rehberg Walberg So the bill was passed. b 1801 Luetkemeyer Reichert Walden The result of the vote was announced Lummis Renacci Walsh (IL) Ms. BERKLEY changed her vote from Lungren, Daniel Ribble Webster as above recorded. ‘‘no’’ to ‘‘aye.’’ E. Rigell West A motion to reconsider was laid on So the motion to recommit was re- Manzullo Rivera Westmoreland the table. jected. Marchant Roby Whitfield Marino Roe (TN) Wilson (SC) f The result of the vote was announced Matheson Rogers (AL) Wittman PROVIDING FOR CONSIDERATION as above recorded. McCarthy (CA) Rogers (KY) Wolf OF H.R. 3463, TERMINATING The SPEAKER pro tempore. The McCaul Rogers (MI) Womack McClintock Rohrabacher Woodall PRESIDENTIAL ELECTION CAM- question is on the passage of the bill. McCotter Rokita Yoder PAIGN FUND AND ELECTION AS- The question was taken; and the McHenry Rooney Young (FL) SISTANCE COMMISSION; PRO- Speaker pro tempore announced that McIntyre Ros-Lehtinen Young (IN) VIDING FOR CONSIDERATION OF the ayes appeared to have it. NOES—188 H.R. 527, REGULATORY FLEXI- RECORDED VOTE Ackerman Doggett Langevin BILITY IMPROVEMENTS ACT OF Mr. GEORGE MILLER of California. Altmire Donnelly (IN) Larsen (WA) 2011; AND PROVIDING FOR CON- Mr. Speaker, I demand a recorded vote. Andrews Doyle Larson (CT) SIDERATION OF H.R. 3010, REGU- A recorded vote was ordered. Baca Edwards LaTourette Bass (CA) Ellison Lee (CA) LATORY ACCOUNTABILITY ACT The SPEAKER pro tempore. This Becerra Engel Levin OF 2011 will be a 5-minute vote. Berkley Eshoo Lewis (GA) The SPEAKER pro tempore. The un- The vote was taken by electronic de- Berman Farr Lipinski finished business is the vote on order- vice, and there were—ayes 235, noes 188, Bishop (GA) Fattah LoBiondo Bishop (NY) Filner Loebsack ing the previous question on the reso- not voting 10, as follows: Blumenauer Frank (MA) Lofgren, Zoe lution (H. Res. 477) providing for con- [Roll No. 869] Boswell Fudge Lowey Brady (PA) Garamendi Luja´ n sideration of the bill (H.R. 3463) to re- AYES—235 Brown (FL) Gonzalez Lynch duce Federal spending and the deficit Adams Calvert Fitzpatrick Butterfield Green, Al Maloney by terminating taxpayer financing of Aderholt Camp Flake Capps Green, Gene Markey Akin Campbell Fleischmann Capuano Grijalva Matsui presidential election campaigns and Alexander Canseco Fleming Cardoza Grimm McCarthy (NY) party conventions and by terminating Amash Cantor Flores Carnahan Hahn McCollum the Election Assistance Commission; Amodei Capito Forbes Carney Hanabusa McDermott providing for consideration of the bill Austria Carter Fortenberry Carson (IN) Hastings (FL) McGovern Bachus Cassidy Foxx Castor (FL) Heinrich McNerney (H.R. 527) to amend chapter 6 of title 5, Barletta Chabot Franks (AZ) Chandler Higgins Meeks United States Code (commonly known Barrow Chaffetz Frelinghuysen Chu Himes Michaud as the Regulatory Flexibility Act), to Bartlett Coble Gallegly Cicilline Hinchey Miller (NC) Barton (TX) Coffman (CO) Gardner Clarke (MI) Hinojosa Miller, George ensure complete analysis of potential Bass (NH) Cole Garrett Clarke (NY) Hirono Moore impacts on small entities of rules, and Benishek Conaway Gerlach Clay Hochul Moran for other purposes; and providing for Berg Cooper Gibbs Cleaver Holden Murphy (CT) consideration of the bill (H.R. 3010) to Biggert Cravaack Gibson Clyburn Holt Nadler Bilbray Crawford Gingrey (GA) Cohen Honda Napolitano reform the process by which Federal Bilirakis Crenshaw Gohmert Connolly (VA) Hoyer Neal agencies analyze and formulate new Bishop (UT) Cuellar Goodlatte Conyers Inslee Olver regulations and guidance documents, Black Culberson Gosar Costa Israel Owens Blackburn Davis (KY) Gowdy Costello Jackson (IL) Pallone on which the yeas and nays were or- Bonner Denham Granger Courtney Jackson Lee Pascrell dered. Bono Mack Dent Graves (GA) Critz (TX) Pastor (AZ) The Clerk read the title of the resolu- Boren DesJarlais Graves (MO) Crowley Johnson (GA) Payne tion. Boustany Diaz-Balart Griffin (AR) Cummings Johnson (IL) Pelosi The SPEAKER pro tempore. The Brady (TX) Dold Griffith (VA) Davis (CA) Johnson, E. B. Perlmutter Brooks Duffy Guinta Davis (IL) Kaptur Peters question is on ordering the previous Broun (GA) Duncan (SC) Guthrie DeFazio Keating Peterson question. Buchanan Duncan (TN) Hall DeGette Kildee Pingree (ME) This will be a 5-minute vote. Bucshon Ellmers Hanna DeLauro Kind Polis The vote was taken by electronic de- Buerkle Emerson Harper Deutch King (NY) Price (NC) Burgess Farenthold Harris Dicks Kissell Quigley vice, and there were—yeas 239, nays Burton (IN) Fincher Hartzler Dingell Kucinich Rahall 184, not voting 10, as follows:

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18473 [Roll No. 870] Clarke (MI) Hoyer Peters Bartlett Griffith (VA) Pence Clarke (NY) Inslee Peterson Barton (TX) Grimm Petri YEAS—239 Clay Israel Pingree (ME) Bass (NH) Guinta Pitts Cleaver Jackson (IL) Polis Adams Gohmert Nunes Benishek Guthrie Platts Clyburn Jackson Lee Price (NC) Aderholt Goodlatte Nunnelee Berg Hall Poe (TX) Cohen (TX) Quigley Akin Gosar Olson Berman Hanna Pompeo Connolly (VA) Johnson (GA) Rahall Biggert Harper Alexander Gowdy Palazzo Posey Conyers Johnson, E. B. Rangel Bilbray Harris Amash Granger Paulsen Price (GA) Cooper Kaptur Amodei Graves (GA) Reyes Bilirakis Hartzler Quayle Pearce Costa Keating Austria Graves (MO) Richardson Bishop (UT) Hastings (WA) Reed Pence Costello Kildee Bachus Griffin (AR) Richmond Black Hayworth Rehberg Petri Courtney Kind Ross (AR) Barletta Griffith (VA) Bonner Heck Reichert Pitts Critz Kissell Rothman (NJ) Bartlett Grimm Bono Mack Hensarling Renacci Platts Crowley Kucinich Roybal-Allard Barton (TX) Guinta Boren Herger Ribble Poe (TX) Cummings Langevin Bass (NH) Guthrie Ruppersberger Boustany Herrera Beutler Pompeo Davis (CA) Larsen (WA) Rigell Benishek Hall Rush Brady (TX) Huelskamp Posey Davis (IL) Larson (CT) Rivera Berg Hanna Ryan (OH) Brooks Huizenga (MI) Price (GA) DeFazio Lee (CA) ´ Roby Biggert Harper Sanchez, Linda Broun (GA) Hultgren Quayle DeGette Levin Roe (TN) Bilbray Harris T. Buchanan Hunter Reed DeLauro Lewis (GA) Rogers (AL) Bilirakis Hartzler Sanchez, Loretta Bucshon Hurt Rehberg Deutch Lipinski Rogers (KY) Bishop (UT) Hastings (WA) Sarbanes Buerkle Issa Reichert Dicks Loebsack Rogers (MI) Black Hayworth Schakowsky Burgess Jenkins Renacci Dingell Lofgren, Zoe Rohrabacher Blackburn Heck Schiff Burton (IN) Johnson (IL) Ribble Doggett Lowey Rokita Bonner Hensarling Schrader Calvert Johnson (OH) Donnelly (IN) Luja´ n Rooney Bono Mack Herger Rigell Schwartz Camp Johnson, Sam Doyle Lynch Ros-Lehtinen Boren Herrera Beutler Rivera Scott (VA) Campbell Jones Edwards Maloney Roskam Boustany Huelskamp Roby Scott, David Canseco Jordan Ellison Markey Ross (AR) Brady (TX) Huizenga (MI) Roe (TN) Serrano Cantor Kelly Engel Matsui Ross (FL) Brooks Hultgren Rogers (AL) Sewell Capito King (IA) Eshoo McCarthy (NY) Royce Broun (GA) Hunter Rogers (KY) Sherman Cassidy King (NY) Farr McCollum Buchanan Hurt Rogers (MI) Sires Chabot Kingston Runyan Fattah McDermott Bucshon Issa Rohrabacher Slaughter Chaffetz Kinzinger (IL) Ryan (WI) Filner McGovern Buerkle Jenkins Rokita Smith (WA) Coble Kissell Scalise Frank (MA) McIntyre Burgess Johnson (IL) Rooney Speier Coffman (CO) Kline Schilling Fudge McNerney Burton (IN) Johnson (OH) Ros-Lehtinen Stark Cole Lamborn Schmidt Garamendi Meeks Calvert Johnson, Sam Roskam Sutton Conaway Lance Schock Gonzalez Michaud Camp Jones Ross (FL) Thompson (CA) Costa Landry Schweikert Green, Al Miller (NC) Campbell Jordan Runyan Thompson (MS) Cravaack Lankford Scott (SC) Green, Gene Miller, George Canseco Kelly Ryan (WI) Tierney Crawford Latham Scott, Austin Grijalva Moore Cantor King (IA) Scalise Tonko Crenshaw LaTourette Sensenbrenner Hahn Moran Towns Capito King (NY) Schilling Culberson Latta Sessions Hanabusa Murphy (CT) Tsongas Carter Kingston Schmidt Davis (KY) Lewis (CA) Shimkus Hastings (FL) Nadler Van Hollen Cassidy Kinzinger (IL) Schock Denham LoBiondo Shuler Heinrich Napolitano Vela´ zquez Chabot Kline Schweikert Dent Long Shuster Higgins Neal Visclosky Chaffetz Labrador Scott (SC) Diaz-Balart Lucas Simpson Himes Olver Walz (MN) Coble Lamborn Dold Luetkemeyer Smith (NE) Scott, Austin Hinchey Owens Waters Coffman (CO) Lance Duffy Lummis Smith (NJ) Sensenbrenner Hinojosa Pallone Watt Cole Landry Duncan (SC) Lungren, Daniel Smith (TX) Sessions Hirono Pascrell Waxman Conaway Lankford Duncan (TN) E. Southerland Shimkus Hochul Pastor (AZ) Welch Cravaack Latham Ellmers Manzullo Stearns Shuler Holden Payne Wilson (FL) Crawford LaTourette Shuster Emerson Marino Stivers Holt Pelosi Woolsey Farenthold Matheson Crenshaw Latta Simpson Stutzman Honda Perlmutter Yarmuth Fincher McCarthy (CA) Cuellar Lewis (CA) Smith (NE) Sullivan Fitzpatrick McCaul Culberson LoBiondo Smith (NJ) NOT VOTING—10 Terry Davis (KY) Long Flake McClintock Smith (TX) Thompson (PA) Denham Lucas Bachmann Gutierrez Walden Fleischmann McCotter Southerland Thornberry Dent Luetkemeyer Baldwin Mack Wasserman Fleming McHenry Stearns Tiberi DesJarlais Lummis Dreier Paul Schultz Flores McKeon Stivers Tipton Diaz-Balart Lungren, Daniel Giffords Royce Forbes McKinley Stutzman Turner (NY) Dold E. Fortenberry McMorris ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Turner (OH) Duffy Manzullo Sullivan Foxx Rodgers Upton Duncan (SC) Marchant Terry The SPEAKER pro tempore (during Franks (AZ) Meehan Walberg Duncan (TN) Marino Thompson (PA) Frelinghuysen Mica the vote). There are 2 minutes remain- Walden Ellmers Matheson Thornberry Gallegly Miller (FL) ing. Walsh (IL) Emerson McCarthy (CA) Tiberi Gardner Miller (MI) Webster Farenthold McCaul Tipton Garrett Miller, Gary Fincher McClintock Turner (NY) b 1815 Gerlach Mulvaney West Westmoreland Fitzpatrick McCotter Turner (OH) So the previous question was ordered. Gibbs Murphy (PA) Flake McHenry Upton Gibson Myrick Whitfield Fleischmann McKeon Walberg The result of the vote was announced Gingrey (GA) Neugebauer Wilson (SC) Fleming McKinley Walsh (IL) as above recorded. Gohmert Noem Wittman Flores McMorris Webster The SPEAKER pro tempore. The Goodlatte Nugent Wolf Forbes Rodgers West Gosar Nunes Womack Fortenberry Meehan Westmoreland question is on the resolution. Gowdy Nunnelee Woodall Foxx Mica Whitfield The question was taken; and the Granger Olson Yoder Franks (AZ) Miller (FL) Wilson (SC) Speaker pro tempore announced that Graves (GA) Palazzo Young (AK) Frelinghuysen Miller (MI) Wittman the ayes appeared to have it. Graves (MO) Paulsen Young (FL) Gallegly Miller, Gary Wolf Griffin (AR) Pearce Young (IN) Gardner Mulvaney Womack RECORDED VOTE Garrett Murphy (PA) Woodall Mr. MCGOVERN. Mr. Speaker, I de- NOES—178 Gerlach Myrick Yoder Ackerman Butterfield Clyburn Gibbs Neugebauer Young (AK) mand a recorded vote. Altmire Capps Cohen Gibson Noem Young (FL) A recorded vote was ordered. Andrews Capuano Connolly (VA) Gingrey (GA) Nugent Young (IN) The SPEAKER pro tempore. This Baca Cardoza Conyers will be a 5-minute vote. Barrow Carnahan Cooper NAYS—184 The vote was taken by electronic de- Bass (CA) Carney Costello Ackerman Bishop (GA) Capuano vice, and there were—ayes 239, noes 178, Becerra Carson (IN) Courtney Altmire Bishop (NY) Cardoza Berkley Castor (FL) Critz Andrews Blumenauer Carnahan not voting 16, as follows: Bishop (GA) Chandler Crowley Baca Boswell Carney [Roll No. 871] Bishop (NY) Chu Cuellar Barrow Brady (PA) Carson (IN) Blumenauer Cicilline Cummings Bass (CA) Braley (IA) Castor (FL) AYES—239 Boswell Clarke (MI) Davis (CA) Becerra Brown (FL) Chandler Adams Alexander Austria Brady (PA) Clarke (NY) Davis (IL) Berkley Butterfield Chu Aderholt Amash Bachus Braley (IA) Clay DeFazio Berman Capps Cicilline Akin Amodei Barletta Brown (FL) Cleaver DeGette

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18474 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 DeLauro Kucinich Rangel Illinois, on winning the Class 4A State high cost of our energy policy that in- Deutch Langevin Reyes Dicks Larsen (WA) Richardson Championship on November 12. creases our dependence on foreign Dingell Larson (CT) Richmond The terrific team, led by Coach Brad countries, kills jobs, and raises energy Doggett Lee (CA) Rothman (NJ) Baker, finished the season with a phe- costs. Every time the Federal Govern- Donnelly (IN) Levin Roybal-Allard nomenal record of 39 wins to 3 losses. ment imposes a moratorium or new Doyle Lewis (GA) Ruppersberger Edwards Lipinski Rush This accomplishment by the Redwings regulations, as it did on drilling in the Engel Loebsack Ryan (OH) marks the first state championship for gulf and now the Keystone pipeline, it Eshoo Lofgren, Zoe Sa´ nchez, Linda an all-girls team at Benet Academy. hurts the American people. Farr Lowey T. Each of these talented students Despite 60 years of a spotless safety Fattah Luja´ n Sanchez, Loretta record, excellent State regulation and Filner Lynch Sarbanes should be commended for her hard Frank (MA) Maloney Schakowsky work and discipline, especially Senior monitoring, approval for safety by the Fudge Markey Schiff Meghan Haggerty, who led the team EPA and creation of inexpensive en- Garamendi Matsui Schrader ergy sources, hydrofracking for oil and Gonzalez McCarthy (NY) Schwartz with 18 kills during the three-game Green, Al McCollum Scott (VA) match and 13 straight service points in natural gas is under attack by the De- Green, Gene McDermott Scott, David the final game. partment of the Interior. Grijalva McGovern Serrano Her sister, Sophomore Maddie What is the expected outcome? Hahn McIntyre Sewell Look at what the administration has Haggerty, followed her lead with 16 Hanabusa McNerney Sherman done to coal, offshore drilling and the Hastings (FL) Meeks Sires kills. And Senior Jenna Jendryk, who Keystone pipeline, not to mention the Heinrich Michaud Slaughter previously was named MVP in the Higgins Miller (NC) Smith (WA) fact that we have not built a nuclear Himes Miller, George Speier Benet Invitational and Wheaton Clas- energy plant or a new refinery for dec- Hinchey Moran Stark sic, rounded out the team with 10. ades due to over-regulation. Hinojosa Murphy (CT) Sutton Mr. Speaker, our community is very Hydrofracking of oil and natural gas Hirono Nadler Thompson (CA) proud of these accomplished young Hochul Napolitano Thompson (MS) will inevitably be pushed into red tape, Holden Neal Tierney women, at least seven of whom already higher cost of production and lower Holt Olver Tonko have made plans to play volleyball at yield, again, hurting America through Honda Owens Towns Division I universities. Hoyer Pallone Tsongas high energy costs and fewer jobs. Inslee Pascrell Van Hollen Once again, I’d like to congratulate f Israel Pastor (AZ) Vela´ zquez the Benet Academy Redwings on their Jackson (IL) Payne Visclosky win and wish them continued success PENN STATE PRIDE Jackson Lee Pelosi Walz (MN) in all of their future endeavors. (Mr. THOMPSON of Pennsylvania (TX) Perlmutter Waters Johnson (GA) Peters Watt f asked and was given permission to ad- Johnson, E. B. Pingree (ME) Waxman dress the House for 1 minute and to re- Kaptur Polis Welch COMMEMORATING WORLD AIDS vise and extend his remarks.) Keating Price (NC) Wilson (FL) DAY Mr. THOMPSON of Pennsylvania. Kildee Quigley Woolsey Kind Rahall Yarmuth (Ms. BASS of California asked and Mr. Speaker, the hardship of all those was given permission to address the involved in the recent tragic develop- NOT VOTING—16 House for 1 minute.) ments at Penn State University is Bachmann Ellison Moore Ms. BASS of California. Mr. Speaker, heavy on our hearts as this community Baldwin Giffords Paul moves forward and these individuals Blackburn Gutierrez Peterson every 9 minutes and 30 seconds some- Carter Labrador Wasserman one is infected with HIV in the United and their families continue to cope DesJarlais Mack Schultz States. Today, 34 million people world- with the horrific adversity and pain. Dreier Marchant wide live with HIV, and of those in- Despite these tragic events, I rise ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE fected, 60 percent do not know they are today for a different reason, something The SPEAKER pro tempore (during positive. These staggering facts de- my community, the Penn State com- the vote). There are 2 minutes remain- mand that we strengthen our efforts to munity, can be most proud of. The ing. prevent the spread of this life-threat- Chronicle of Higher Education recently ening disease. reported that Penn State leads the Na- b 1822 Tomorrow, December 1, we will rec- tion in outgoing faculty Fulbright So the resolution was agreed to. ognize World AIDS Day. World AIDS grants for the 2011–2012 academic year. Penn State has received a total of 16 The result of the vote was announced Day is an opportunity to take action grants, 14 of which were awarded at the as above recorded. and invigorate the global movement to University Park Campus in State Col- A motion to reconsider was laid on ultimately halt the spread of HIV. Em- the table. lege. phasizing the importance of ending this The Fulbright Program, a program of f three-decade fight, this year’s World competitive, merit-based grants for AIDS Day theme is ‘‘Getting to Zero.’’ PERSONAL EXPLANATION students, teachers and other profes- Zero new infections, zero discrimina- sionals, is the U.S. government’s pre- Mr. VAN HOLLEN. Mr. Speaker, I was un- tion, zero AIDS-related deaths. mier international educational ex- avoidably absent from this Chamber today. I In observance, starting at midnight, I change program. These individuals will would like the RECORD to show that, had I will hold a 24-hour ‘‘tweet-blast’’ where go on to expand our Nation’s edu- been present, would have voted ‘‘yea’’ on roll- every hour I will tweet facts about cational endeavors by strengthening call votes 863, 864, 865, 866, 867, and 868 HIV/AIDS and ways everyone can get partnerships with other leading insti- and I would have voted ‘‘nay’’ on rollcall votes involved to help end this disease. I in- tutions around the world. 869, 870, and 871. vite all of you to join me in this con- These success stories also serve as an f versation on Twitter at Rep KAREN encouraging example that every indi- BASS. CONGRATULATING THE BENET vidual can achieve their potential ACADEMY GIRLS VOLLEYBALL f through hard work and dedication. CHAMPIONSHIP TEAM THE HIGH COST OF THE These talented individuals have much AMERICAN ENERGY POLICY to be proud of. Congratulations to each (Mrs. BIGGERT asked and was given recipient on this esteemed award. permission to address the House for 1 (Mr. FLEMING asked and was given f minute and to revise and extend her re- permission to address the House for 1 marks.) minute.) THIRD ANNUAL NATIONWIDE Mrs. BIGGERT. Mr. Speaker, I rise Mr. FLEMING. Mr. Speaker, as the DRUG TAKE-BACK DAY today to congratulate the Benet Acad- price of crude oil again moves past $100 (Mr. FITZPATRICK asked and was emy Girls Volleyball Team from Lisle, a barrel, it is another reminder of the given permission to address the House

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18475 for 1 minute and to revise and extend right under the Constitution rather than being such activities and where a purpose or signifi- his remarks.) treated as privilege. cant effect is to deter qualified voters from vot- Mr. FITZPATRICK. Mr. Speaker, I I am joined by my colleagues here today to ing. These reprehensible practices continue to rise today to commend the combined call on all Americans of good faith to reject plague our Nation’s minority voters. efforts of government at all levels, law and denounce tactics that have absolutely no VOTING RIGHTS ACT HISTORY enforcement personnel, nonprofit place in our democracy. We call on African- August 6, 2011, marked the 46th anniver- groups, local businesses, and commu- Americans, Hispanic and Latin Americans, and sary of the Voting Rights Act nity volunteers as part of the third na- Asian-American voters to stand strong and Most Americans take the right to vote for tionwide Drug Take-Back Day on Octo- learn their voting rights granted by law and the granted. We assume that we can register and ber 29. Constitution. We call on these citizens to vote if we are over 18 and are citizens. Most My home of Bucks County has stand against harassment and intimidation, to of us learned in school that discrimination emerged as a regional leader in the vote in the face of such adversity. The most based on race, creed or national origin has prior Take-Back events, so it came as effective way to curb tactics of intimidation and been barred by the Constitution since the end no surprise that despite the unusual harassment is to vote. Is to stand together to of the Civil War. fall storm, we led the Commonwealth fight against any measures that would have Before the 1965 Voting Rights Act, however, of Pennsylvania in collecting nearly 2 the effect of preventing every eligible citizen the right to vote did not exist in practice for tons of unwanted prescription drugs. from being able to vote. Voting ensures active most African Americans. And, until 1975, most Due to the efforts of all involved, these participation in democracy. American citizens who were not proficient in drugs have been removed from our Instances of voter intimidation are not long English faced significant obstacles to voting, community and no longer pose a threat ago and far away. Just last year I sent a letter because they could not understand the ballot. to U.S. Attorney General Eric Holder to draw to public safety or to the environment. Even though the Indian Citizenship Act gave I applaud the successful cooperation his attention to several disturbing instances of Native Americans the right to vote in 1924, of government and members of the voter intimidation that had taken place in state law determined who could actually vote, community in keeping these drugs off Houston. In a single week there were at least which effectively excluded many Native Ameri- our streets and out of the hands of 15 reports of abuse of voter rights throughout cans from political participation for decades. those who may seek to abuse them, and the city of Houston. Asian Americans and Asian immigrants also encourage continued efforts. As a Senior Member of the House Judiciary have suffered systematic exclusion from the Committee, I called for an immediate inves- f political process and it has taken a series of tigation of these instances. Many of these inci- reforms, including repeal of the Chinese Ex- STANDING AGAINST VOTER dents of voter intimidation were occurring in clusion Act in 1943, and passage of amend- OPPRESSION predominately minority neighborhoods and ments strengthening the Voting Rights Act (Ms. JACKSON LEE of Texas asked have been directed at African-Americans and three decades later, to fully extend the fran- and was given permission to address Latinos. It is unconscionable to think that any- chise to Asian Americans. It was with this his- the House for 1 minute and to revise one would deliberately employ the use of such tory in mind that the Voting Rights Act of 1965 and extend her remarks.) forceful and intimidating tactics to undermine was designed to make the right to vote a re- Ms. JACKSON LEE of Texas. Mr. the fundamental, Constitutional right to vote. ality for all Americans. Speaker, I’m delighted to join my col- However, such conduct has regrettably oc- And the Voting Rights Act has made giant league, Congressman CLAY. And before curred in Houston, and I urge you to take ap- strides toward that goal. Without exaggeration, I do that, let me rise as well to express propriate action to ensure that it does not it has been one of the most effective civil my support for the Gabe Zimmerman recur. legislation that we will address today I am here today in the name of freedom, pa- rights laws passed by Congress. and pay tribute to his bravery and cer- triotism, and democracy. I am here to demand In 1964, there were only approximately 300 tainly his loss. that the long hard-fought right to vote con- African-Americans in public office, including We come to the floor today as part- tinues to be protected just three in Congress. Few, if any, black ners with many in this Congress A long, bitter, and bloody struggle was elected officials were elected anywhere in the against voter intimidation and to fought for the Voting Rights Act of 1965 so South. Today there are more than 9,100 black speak on behalf of the Congressional that all Americans could enjoy the right to elected officials, including 43 members of Black Caucus, to collaborate with our vote, regardless of race, ethnicity, or national Congress, the largest number ever. The act many friends across the caucuses and origin. Americans died in that fight so that oth- has opened the political process for many of across the interests in the Democratic ers could achieve what they had been force- the approximately 6,000 Latino public officials Caucus, and certainly we hope to in- fully deprived of for centuries—the ability to that have been elected and appointed nation- clude our friends on the other side of walk freely and without fear into the polling wide, including 263 at the state or federal the aisle. place and cast a voting ballot. level, 27 of whom serve in Congress. And Na- Since the 2010 election, over 40 States Efforts to keep minorities from fully exer- tive Americans, Asians and others who have have implemented voter ID, voter sup- cising that franchise, however, continue. In- historically encountered harsh barriers to full pression laws. Madam Speaker, we are deed, in the past thirty years, we have wit- political participation also have benefited not against knowing who is voting, but nessed a pattern of efforts to intimidate and greatly. we are against turning back the clock harass minority voters including efforts that We must not forget the importance of pro- of what the Voting Rights Act at- were deemed ‘‘Ballot Security’’ programs that tecting this hard earned right. tempted to do some 40-plus years ago include the mailing of threatening notices to VOTER ID when before that time a poll tax was African-American voters, the carrying of video An election with integrity is one that is open utilized, or asking those from the Afri- cameras to monitor polls, the systematic chal- to every eligible voter. Restrictive voter ID re- can American community how many lenging of minority voters at the polls on un- quirements degrade the integrity of our elec- jelly beans were in a jar. lawful grounds, and the hiring of guards and tions by systematically excluding large num- Just recently, I sent a letter to the off-duty police officers to intimidate and fright- bers of eligible Americans. U.S. Attorney’s Office regarding voter en voters at the polls. I do not argue with the notion that we must intimidation and voter oppression. We My colleagues on the other side of the aisle prevent individuals from voting who are not al- rise today to say that we will stand have a particularly poor track record when it lowed to vote. Yet a hidden argument in this against such oppression and ask the comes to documented acts of voter intimida- bill is that immigrants may ‘‘infiltrate’’ our vot- Justice Department to not clear voter tion. In 1982, a Federal Court in New Jersey ing system. Legal immigrants who have suc- ID laws. provided a consent order that forbids the Re- cessfully navigated the citizenship maze are Mr. Speaker, I rise today to speak about the publican National Committee from undertaking unlikely to draw the attention of the authorities need to protect democracy, to protect the any ballot security activities in a polling place by attempting to register incorrectly. Similarly, voice of the American people, and to ensure or election district where race or ethnic com- undocumented immigrants are even less likely the right to vote continues to be treated as a position is a factor in the decision to conduct to risk deportation just to influence an election.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00061 Fmt 0688 Sfmt 9920 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18476 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 If for no other reason than after a major dis- have 5 legislative days to revise and ex- the money; but, you know, they just aster be it earthquakes, fires, floods or hurri- tend their remarks and insert extra- might need it. canes, we must all understand how vulnerable neous material on the topic of this Spe- I actually brought the reason why I our system is. Families fleeing the hurricanes cial Order. think they might need that. Mr. and fires suffered loss of property that in- The SPEAKER pro tempore. Is there Speaker, this is pretty heavy. This is cluded lost documents. Compounding this was objection to the request of the gentle- actually the list of Federal rules and the devastation of the region, which virtually woman from North Carolina? regulations just for half of November. shut down civil services in the area. For exam- There was no objection. This doesn’t even represent the entire ple, New Orleans residents after Hurricane Mrs. ELLMERS. Mr. Speaker, I am month. These books I have right here Katrina were scattered across 44 states. here tonight with my colleagues to dis- represent about 2 weeks’ worth of Fed- These uprooted citizens had difficulty reg- cuss the importance of small business eral regulations and rules that istering and voting both with absentee ballots in America. Somarakis Vacuum Pumps has to navi- and at satellite voting stations. As a result, Small businesses are our job creators gate. those elections took place fully 8 months after in America, and we here in Congress Let me show you, if I may, just the the disaster, and it required the efforts of non- must do everything that we can to help rules from the last 3 days—Monday, profits, such as the NAACP, to ensure that them to be doing exactly that in cre- Tuesday, and Wednesday—right here. voters had the access they are constitutionally ating jobs in our country. You know, part of the reason we’re guaranteed. We’re here to talk about these issues. here today is to illustrate the need to We need to address the election fraud that We’re here to talk about the burdens make it simpler and easier for small we know occurring, such as voting machine that are on small business that remain businesses to navigate this Federal integrity and poll volunteer training and com- intact that we can help with. We must maze. I mean, this is ridiculous. This is petence. After every election that occurs in do everything we can because right Monday, this is Tuesday, and this is this country, we have solid documented evi- now our small business hands are tied. Wednesday. Three days’ worth of rules dence of voting inconsistencies and errors. In They are telling us over and over again that Somarakis Vacuum Pumps in 2004, in New Mexico, malfunctioning ma- that regulations and the threat of tax- southwest Washington is going to need chines mysteriously failed to properly register ation uncertainty continue to hold help navigating. a presidential vote on more than 20,000 bal- them back from creating jobs, inno- It shouldn’t be this way, Mr. Speak- lots. 1 million ballots nationwide were flawed vating, and investing in their own com- er, which is why this week we’re work- by faulty voting equipment—roughly one for panies. ing very hard, and we’re going to pass every 100 cast. With that, I yield to my colleague a bill that says if these rules and bur- Those who face the most significant barriers from Washington. dens—it puts the proof and the burden are not only the poor, minorities, and rural Ms. HERRERA BEUTLER. I thank back on the government. If these rules populations. 1.5 million college students, the gentlelady for allowing me the are too burdensome, the Federal Gov- whose addresses change often, and the elder- time to join her here today to talk ernment needs to find a better way to ly, will also have difficulty providing docu- about what this government can and put forward its regulations. mentation. should be doing to help the private sec- Another rule that’s really important In fact, newly married individuals face sig- tor grow jobs. That’s what we’re about. is working its way through the Envi- nificant barriers to completing a change in sur- We want to help small businesses grow ronmental Protection Agency and the name. For instance, it can take 6–8 weeks to jobs. courts. It’s called the Forest Roads receive the marriage certificate in the mail, an- This is a statistic most of us are fa- Rule. It’s also very impactful to south- other two weeks (and a full day waiting in line) miliar with. Close to two-thirds of all west Washington. It’s crippling in that to get the new Social Security card, and finally new jobs come from small businesses. it overturns 35 years of environmental three–four weeks to get the new driver’s li- They are truly the backbone of our policy and would require a Federal per- cense. There is a significant possibility that economy. So what if this government mit on every single forest road. In es- this bill will also prohibit newlyweds from vot- started by saying, What can we do to sence, you have to get the same Fed- ing if they are married within three months of help you, not hurt you or impede your eral permit for a road through your Election Day. success? privately owned forestland that you The right to vote is a critical and sacred And that’s what this Congress is would have to get for factories and in- constitutionally protected civil right. To chal- going to be doing this week as we con- dustrial sites. That’s not necessary. lenge this is to erode our democracy, chal- sider the Regulatory Flexibility Act, Let’s consider the impacts on public lenge justice, and mock our moral standing. I H.R. 527. It’s a bill that strengthens ex- land. According to the U.S. Forest urge my colleagues to join me in dismissing isting law. It simply says a Federal Service, it would require that agency this crippling legislation, and pursue effective rule is killing jobs if a Federal agency alone 10 years to obtain the 400,000 per- solutions to the real problems of election fraud is then required to find a rule that’s mits necessary for the roads on public and error. We cannot let the rhetoric of an less burdensome. It’s pretty cut and lands. What would that do to Rick election year destroy a fundamental right upon dried. It’s something we should be Dunning, who owns a small tree farm which we have established liberty and free- doing already, but we actually have to in Clark County, Washington? He’s not dom. pass a bill to require it. the U.S. Forest Service. He doesn’t When the Federal agencies here in have unlimited lawyers and resources. f Washington, DC, issue one rule after He has to do this on his own. b 1830 another, small businesses pay the price That’s what we’re here tonight to do GOP FRESHMEN HOUR: THE IM- and our economy loses jobs. is to make it easier on these small For instance, take Somarakis Vacu- PORTANCE OF SMALL BUSINESS business owners to operate in our re- um Pumps in my neck of the woods in IN AMERICA gions and grow our economy. southwest Washington, a business man- With that, I thank the gentlelady for The SPEAKER pro tempore (Mr. ufacturer. When I visit this business, I the time to talk about my support for MARINO). Under the Speaker’s an- see a thriving facility with people at the Regulatory Flexibility Act and for nounced policy of January 5, 2011, the work. They’re assembling products what we’re doing to help grow jobs in gentlewoman from North Carolina that help our economy grow. But small businesses. (Mrs. ELLMERS) is recognized for 60 Somarakis Vacuum Pumps doesn’t Mrs. ELLMERS. I will just echo my minutes as the designee of the major- have a huge team of lawyers and busi- colleague’s remarks by saying that, ac- ity leader. ness accountants to handle the regu- cording to the NFIB, compliance with GENERAL LEAVE latory details. They actually need reg- environmental regulations costs small Mrs. ELLMERS. Mr. Speaker, I ask ulatory specialists to navigate the businesses four times more than larger unanimous consent that all Members maze of Federal rules. They don’t have firms. Larger firms do have the ability

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18477 and employees in place to deal with to stop eliminating jobs before we can I spoke a little bit about the exces- these issues. Our small businesses sim- actually go out and create more jobs. sive costs of dealing with environ- ply cannot afford to do business that We have to have certainty in the mar- mental regulations. According to the way. ketplace. And whether you’re a farmer Small Business Administration, regula- With that, I yield to my colleague or a small business owner, the regula- tions cost the American economy $1.7 from California. tions affect us in such a way that, as a trillion annually, which is an enormous Mr. DENHAM. Thank you for your small business owner, I couldn’t go out cost. You can see by our unemploy- leadership on this area. there and hire a lobbyist to go through ment rate why we continue in this. I rise in support of H.R. 527. We can’t the 90,000 pages of new regulations this Until we are able to cut the excessive, afford any more of the overregulation. year alone. overbearing regulations that are facing Regulatory burdens from new rules b 1840 our businesses, we will not turn this just this year alone have cost Amer- economy around. That is why we must We have to stop the regulations that ican taxpayers $93.2 billion. One study act now. That is why, of the many bills are killing businesses throughout the found that each $1 million increase in we have passed over to the Senate, we Nation. H.R. 527 is one way to do that. the Federal regulatory budget costs 420 repeatedly ask for a vote so that we We need flexibility. Most of all, we jobs. Overregulation costs us jobs can get started. We could do this to- need certainty. We’ve got to be able to around the Nation. morrow if these bills were voted on. Let me just speak from my own per- plan our businesses, not for a month, not for 2 months, not for 1 year. When One last bit of information before I spective. introduce my next colleague. Twelve years ago, I started Denham you’re in business, when you’re out there borrowing capital, when you’re Of the administration’s new regula- Plastics, something that my wife and I tions—‘‘new’’ regulations—200 are ex- borrowed an incredible amount of putting your home into a second mort- gage because you want to have the pected to cost over $100 million each. money to start a vision that we had Seven of those new regulations will supporting the agriculture industry American Dream and create a business and want to go out and hire new peo- cost the economy more than $1 billion with a plastics company. It has been a ple, you have to have some certainty. I each. We cannot continue on this path. tough road to hoe as a small business can’t go to my wife and say, Let’s take With that, I yield to my colleague owner. It certainly comes at great risk a second out on our home, and maybe from Illinois. to our family, but it was a vision that we might make it next year. Mr. SCHILLING. I thank the gentle- we had, that we believed, that without With regulations, we don’t know woman from North Carolina for invit- any government intervention we can what’s going to happen. We need to be ing me to participate today. succeed in not only creating new cus- able to plan for 5 years, 10 years. We tomers but new jobs. The best thing about having the op- need to be able to plan on putting our portunity to represent the residents of But one regulation would have put us kids through college. Before I go out out of business—the government-run Illinois’ 17th District is the ability to and hire a new employee, I need to just listen to their concerns and then health care. Just the 1099 provision make a commitment to that employee alone, by having to report all of our taking those concerns back here to that we’re going to have ongoing em- Washington, D.C. customers, by having to report all of ployment, and I need to make a com- our suppliers, would have put our small As I travel throughout the area, I lis- mitment to that employee’s entire ten, and I am also asked what worries business under. family, who depends on us for that new From an agriculture perspective—I’m me. I worry about unemployment and job. about the uncertainty facing our fami- a farmer in the central valley. The So the regulations that are killing EPA came down with new dust control lies in our district. I am worried that our businesses across the Nation have more is not being done to create an en- regulations. to end. We need flexibility. We need vironment of certainty that promotes Now, we farm. We drive tractors. We certainty as a business. We need it in long-term growth in our jobs sector. till our land, and we’re going to have order to create jobs in this great Na- Government does not create jobs. We dust. I mean, just by the sheer motion tion. of a tractor driving through a field or Mrs. ELLMERS. I thank my col- need to be clear about that. Govern- plowing through the dirt—it’s some- league from California. Your perspec- ment creates an environment for job thing that we’ve done through the his- tive alone, as a small business owner creation by the private sector. Folks tory of our Nation—creates dust. But and as a farmer, really gives us that simply will not be put back to work if are you going to put us out of business strong idea of what we’re really facing. government continues villainizing our because of it? Many of us here in Washington now job creators and enacting policies that We grow almonds. You can’t spray are and have been small business own- keep workers on the unemployment the trees full of water before you shake ers, and we understand the burdens lines and drive us deeper into debt. As the trees and harvest the almonds. that we are having to undertake and a small business owner myself, I under- You’re going to have dust. that the rest of America is dealing stand how this hinders the ability to So I’ve been a coauthor of a bill that with. In fact, Mr. Speaker, I’m going to create jobs. gets rid of this burdensome regulation, just talk a little bit about some statis- Back in August, I invited local busi- something that would shut down our tics and poll data. ness owners throughout our area to agriculture industry, not only in the According to a recent Gallup Poll, participate in a business roundtable central valley of California but across small business owners in the United where we discussed what government the Nation. We’re farmers. We are States say complying with government can do to empower the private sector, going to have dust. regulations is the most important spur job creation, and grow our econ- Some of my fellow farmers and problem facing them today, followed omy. These business owners are the ranchers are also aware that EPA also by consumer confidence in the econ- people we are asking to lead us into wanted to expand its regulation of ma- omy and a lack of consumer demand. economic recovery and to put Ameri- nure as a threat of greenhouse gas. I Small business firms bear a regulatory cans back to work. mean, some of these things are so ludi- cost of $10,585 per employee just to deal I was pleased to see folks from all crous that they just cost us millions of with the regulations, which is 36 per- sorts of industries present eager and jobs, and the threat alone causes farm- cent higher, there again, than larger great ideas and thoughts on issues that ers to say, Do we really want to be in businesses. Small business is what basically are causing them to struggle this business? Do our kids really want drives our economy, yet it is what is in this economy. They shared with me to take over the family farm? continuously targeted, and we must that the high energy costs, rising We’ve got to stop this overregulation act on it with the bill that we will pass taxes, mixed messages from Wash- because it does cost us jobs. We’ve got tomorrow, H.R. 527. ington, D.C., and the uncertainty from

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18478 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 the Illinois State government are sti- Business owners need the certainty continue to feel trapped by the govern- fling the creation of an environment of that government will get out of the ment regulations and all of the uncer- economic success. way so that they can do what they do tainty, including the President’s Now, there are more than 27 million best, which is to grow their businesses health care bill, which they know will small businesses throughout the and create jobs, and the American peo- harm them greatly. United States of America. They are the ple need real bipartisan solutions to Kivett’s Incorporated, is the largest lifeblood of our Nation’s economy. our jobs crisis. family-owned and operated church pew America’s small businesses create 7 out Let’s put politics and partisanship manufacturer and pew refinisher in the of every 10 new jobs, and they employ aside and help the private sector create United States. In addition, they build over half the country’s private-sector the jobs that Americans throughout and refurbish other church furniture workforce. We ought to be making it the country so desperately need. The and fixtures, such as steeples and easier for these folks to grow and hire time has come to empower small busi- stained glass windows and provide a new workers, not villainizing them or nesses and to reduce government bar- full range of services from delivery to burdening them with a broken Tax riers by helping our small businesses, installation. Code, unnecessary mandates, high en- by fixing the Tax Code to help our job This is a jewel in my district. So ergy costs, and uncertainty. We need to creators, by boosting competitiveness many are sending these jobs over to tear down the roadblocks, get govern- for American manufacturers, by en- China, and yet the Kivetts have main- ment out of the way and lay the couraging entrepreneurship and tained their business. Their business groundwork for real private-sector job growth, by maximizing American en- was started by Jerol’s father, I believe, creation. ergy production, by paying down Amer- back in the fifties. They have spent Phil Nelson, president of the Illinois ica’s unsustainable debt burden, and by their lives and dedicated their lives to Farm Bureau, recently testified before starting to live within our means. their business, and they are feeling the Small Business Committee. Mrs. ELLMERS. I thank my col- that it is being pulled out from under- He said, ‘‘What really keeps me lying league from Illinois for that very im- neath them. awake at night is the potential for portant information. Mr. Kivett’s company had 160 em- more regulatory creep. It’s as if we go Again, as a small business owner, ployees in 2005, and they are now down to bed one night with one set of regula- this information is vital to the solu- to 52—from 160 to 52. Their volume of tions and wake up the next morning tions that we’re coming up with here in business is down 60 percent. Their busi- facing a new set. Every moment that ness has not made a profit in the last 3 we spend fighting and then working to Washington. We’re not just Members of years. That is significant. They have comply with needless, duplicative regu- Congress who don’t have the experience not increased the prices on their prod- lations takes us away from what we do out there, and we aren’t just listening ucts either since 2005. best—producing food.’’ to the usual Washington bureaucrats. This has been due to the fear of los- My colleagues and I in the House b 1850 ing more business, even though their have been focused on jobs since day We are actually small business own- one—passing more than 20 jobs bills to costs, their costs for products, have es- ers who deal with these real-life experi- calated; but they have tried to main- give small businesses the certainty ences and understand what works and they need to grow, increasing the do- tain their business by keeping their what doesn’t, and this simply is not prices at the same level. At one point mestic production of oil and getting working. Americans back to work. Unfortu- they were averaging one church, Mr. Speaker, in my district, where nately, these bills remain stuck in the church furniture for one church every the unemployment rate hovers at Senate, but we cannot do it alone. The day, and are now down to approxi- about 10.3 percent, I am hearing nu- President and the Senate Democrats mately two per week. merous stories highlighting how small must join us. Mr. Speaker, how are they going to This week, we will be voting on H.R. businesses are ‘‘hanging on by a be able to keep their doors open and 527, the Regulatory Flexibility Im- thread,’’ and I say that in quotes. keep those 52 remaining employees provements Act. This is yet another ‘‘Hanging on by a thread’’ is what I working? Churches depend on chari- pro-jobs bill, one that helps address the hear. ‘‘Over-regulation is killing us,’’ is table giving, and they are having a problem of burdensome, reckless regu- another quote I hear over and over and hard time finding a way to meet their lations that burden businesses and over again. operating budget, which leaves any stunt job growth. The Regulatory They feel that they are being pun- kind of future planning completely out Flexibility Improvements Act provides ished by Washington. They, years ago, of the realm of possibility. urgently needed help to small busi- felt that their competitors were the I spoke a moment ago about the nesses facing an onslaught of Federal ones that they were working against health care law, the uncertainty it’s regulations. When considering regula- and trying to compete with for a better creating for small businesses. Owners tions, agencies frequently fail to con- product. Now they feel that they are make it harder for us to determine— sider alternative ways to achieve the working against the Federal Govern- and this is coming straight from Mr. regulatory goals without imposing un- ment and the Federal Government is Kivett—it is making it harder for us to necessary burdens on America’s job working against them. The Federal determine what our costs are at a time creators. This bill increases the ability Government has become their enemy. when we are struggling to meet the of small businesses to provide input to One of the local small businesses in most basic cost of running our busi- Federal agencies as they consider gov- my district is Kivett’s Incorporated in ness. ernment regulations, and it gives the Clinton, North Carolina, owned and op- As Mr. Kivett puts it, we are just try- Small Business Administration new au- erated by Mr. Jerol and Telia Kivett. ing to maintain and praying for the thority to ensure agencies comply with They are wonderful people, and I met government to stop attempting to reg- a law that requires flexibility in taking them when I was actually running for ulate small businesses and ‘‘get out of regulatory action against small busi- office. Why? Because I needed to go in. the way.’’ That is another quote I hear ness. They called for a meeting with me be- over and over and over again: ‘‘Get out It takes President Obama’s regu- cause they were so concerned with of the way.’’ latory review Executive order one step where our country was going and what That’s some of the gloom and doom further, giving the Small Business Ad- was happening to their business. that my business owners in my district ministration the ability to ensure new They were not people who had been are faced with. As you heard tonight regulations are in compliance with the politically active, they were not people from some of my colleagues, there is a law while verifying that small busi- who had ever sat down with a Member light at the end of the tunnel. Mr. nesses will be able to comply without of Congress or a want-to-be Member of SCHILLING from Illinois showed you the hurting their ability to create jobs. Congress, but they felt trapped and card, the number of bills, again, that

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18479 we have passed in the House with bi- ators are the key to economic recovery of litigation or regulation enforcement partisan support to create jobs. and the small businesses are America’s against me, in which case then I was We keep hearing how America wants job creators. Over-regulation requires confident that they would go dig it up jobs. We keep hearing about the 99. The the diversion of scarce capital from job out of the dungeon and pull up that pa- 99 percent is sitting on the floor of the creation to regulatory compliance. perwork to see if I dotted the i’s and majority leader in the Senate, because I said earlier, Mr. Speaker, North crossed the t’s. But what good did it if those bills were passed and sent to Carolina’s unemployment rate is now do? What good did most of that regula- the President to be signed into law, we 10.4 percent. This is not a statistic; this tion do if it simply was going to go off could have jobs created in this country. is a catastrophe. somewhere to go into storage so if, God We need to decrease the unemployment Mr. Speaker, thank you so much for forbid we had an accident on the job rate. this opportunity tonight. site and OSHA would come in, they We can talk about cutting spending Mr. KING of Iowa. Will the gentle- would want to make sure that I had all all day long, and we are all about that, lady yield? of my regulations in place? But that but until we get people back to work, Mrs. ELLMERS. I yield to my col- wouldn’t make us more safe, the paper- we’re not going to turn this economy league from Iowa. work would not. around. Again, there is a light at the I made a comment here in the Judici- b 1900 end of the tunnel, and you have heard ary Committee a month or so ago that us speak tonight about H.R. 527, which Mr. KING of Iowa. I thank the gen- of all of these regulations that we have we will be voting on tomorrow. tlelady from North Carolina for yield- to comply with, if you look across We simply cannot continue the one- ing, and I especially thank her for lead- America, there are some really good size-fits-all regulations produced by ing in this Special Order hour here to- companies in this country. Of all of this administration which hinder our night to discuss the burden of regula- them, thousands and thousands of com- small businesses. This bill will help al- tion on business in this country, pri- panies in America, hundreds of thou- leviate needless burdens. Economic re- marily the burden on small businesses sands—actually, millions of companies covery begins with our small busi- in America. in America altogether. They advertise nesses, but this will not happen unless From my standpoint and my back- everything under the sun that you can we rein in the mass of regulations com- ground, I started a business in 1975. I imagine. They have banners on their ing from right here in Washington. remember the fears I had at the time. Web site. They will tell you that they The Regulatory Flexibility Act of I knew I could do the work and I knew are the best or first at—you name any- 1980, as amended by the Small Business I could line up the customers. I be- Regulatory Enforcement Fairness Act, thing it is you want. Put it in the lieved I could turn a cash flow, but I Google search. You’ll find an American requires Federal agencies to assess the didn’t know that I could comply with economic impact of their regulations company that will provide it for you, all government regulations. And little and they’ll advertise their quality. on small business. Imagine that, imag- did I know how much I was actually ine having to run an economic impact They’ll advertise their personnel. stepping into. They’ll advertise the efficiency and the study to find out how much damage When you begin to enter into a busi- they will be doing to small businesses cost. It will go on and on and on. But ness, you are stepping into the un- there isn’t a single company in Amer- if these regulations are put in place. known. That unknown turned out to be If the impact is significant, they ica, not one, Mr. Speaker, that has a that I would find out about a govern- must consider alternatives that are little banner on their Web site that ment agent after a government agent, less burdensome. However, the agencies says, ‘‘We are in compliance with all one after another. They would show up. have used loopholes to get around this Federal regulations.’’ Not one single They’d send me a little mailer. They statute, and that is why it is so impor- company takes that position, and I’ll would talk to someone else in my busi- tant that we pass H.R. 527, the Regu- tell you why: because they know if ness. They would say: Did you meet latory Flexibility Improvements Act of they ever advertise that they are in 2011, which would remove the loopholes this one? Did you meet that regula- compliance, there would be a Federal and strengthen the flexibility act by tion? Do you have your MSD require- bureaucrat that represented an agency, increasing the power of the office of ments there? What about the EPA side or two or more, or up to 682, according the chief counsel for advocacy to en- of this? Do you know you have to post to the Constitution Daily Web site, force the RFA, ensuring complete anal- a sign that says that you’re an equal Federal agencies—and those are sub- ysis of potential impacts on small busi- opportunity employer. And by the way, departments and divisions, regulatory ness and forcing agencies to perform that has to be in multiple languages. entities, 682 of them, and this count is better periodic review of rules. And in case someone shows up that about 5 years old, by the way—that can Regulations often impose unneces- doesn’t speak that language, you may levy sanction actions against American sary burdens on small business. You’ve have another regulation to provide businesses. heard that over and over and over that interpreter that’s there. And so the number one fear I had again tonight, that impede their abil- On and on and on it went. More and was: Can I comply with all of these reg- ity to create jobs. Agencies frequently more of my time went away from pro- ulations? Can I identify them? Can I fail to consider appropriate alter- ducing goods and services that had a comply with them? And what do I do natives that allow agencies to achieve marketable value, and instead it was about the conflicting regulations their regulatory objectives without im- invested in complying with primarily where, if you meet one regulation, the posing burdens on America’s job cre- Federal but also State regulations. other regulation contradicts it? You’re ators, our small business owners. So as the years went by, I got better bound to be in violation. The Regulatory Flexibility Improve- at it. I found out more and more to So today there isn’t a single com- ments Act, H.R. 527, provides urgently comply with, and I got greater and pany in America that advertises that needed help to small businesses facing greater frustration within me because they are in compliance with all Federal an onslaught of Federal regulations. It of this burden of filing reports, meeting regulations. And if they did, I think we has been 15 years since Congress last deadlines, and making sure that the should give them the Doo Dah of the updated the Regulatory Flexibility Act government bureaucrats had all of Year Award for that because they of 1980. During that time, we have seen their regulations and all of the paper- would be surrounded by bureaucrats, that there are weaknesses in the regu- work that they wanted, all the while, Federal regulators that are in there to latory process that Federal agencies ‘‘To what purpose?’’ was my question, inspect, to make sure that they are have exploited to the detriment of because much of that paperwork that I completely in compliance. small businesses and job creators. was filling out was going off in some And, by the way, they have to justify This bill ensures Federal agencies storage dungeon somewhere never to be their job. So I would predict that any can no longer ignore the RFA. Job cre- seen again unless there was some type company that would announce that

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18480 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 they are in compliance with all Federal project. It makes it difficult, if not im- we came to this number of our little regulations probably wouldn’t survive possible. narrow trade group, 43 different agen- beyond about 18 months before they Mrs. ELLMERS. I thank the gen- cies that regulate us. And we needed to went into bankruptcy because they tleman from Iowa. know the regulations from 43 different would be tied up in knots and tied Mr. Speaker, I just want to take the agencies. We needed to be able to an- down and they couldn’t produce those opportunity to say in closing that, as a ticipate how they would interpret goods and services that have a market- small business owner with my husband those regulations and how they would able value. back in Dunn, North Carolina, with our enforce them, and then you also had to Now, there is a tradeoff on this al- surgical practice, that we have faced calculate, when they contradicted one ways, and it doesn’t mean that we exactly what my colleague is talking another, what the likelihood would be should not have wise regulations. Yes, about, these excessive regulations that of one entity showing up, one agency we should. But they need to keep in have continued through the years. to regulate you versus another. mind the regulatory burden of those We are at a point now where we are b 1910 rules and what it does to slow down seeing our fellow colleagues back home production. with medical practices closing their If they had conflicting regulations, Now, I’ve said goods and services doors, being bought out by hospitals then you ran your operation to try to that have a marketable valuable both because they just cannot and know comply with the one that’s most likely domestically and abroad. That means, they will not be able to adhere to the to show up to regulate in contradiction if you run a company, you want to go mandates coming forward with the with the other. That goes on in Amer- to work every day, and you look health care bill and all of the uncer- ica every single day. There are floors around, what do we do? We produce a tainty with the doc fix, SGR, all of and floors of lawyers and administra- product. We manufacture and market a those wonderful things. tive experts whose job it is to try to widget. And you want to do that as ef- Mr. Speaker, we must act now. We keep those companies from avoiding ficiently as possible. So if you put 100 can turn this economy around by act- the conflict that comes from Federal people out there on the factory floor to ing on these regulations, by passing regulations and, of course, our State manufacture widgets, and it doesn’t these regulatory decreases for our busi- regulations that are part of that as take but one person to run payroll and nesses so that, there again, our job cre- well. answer mail, you’re in pretty good ators can do what they do best, rein- It is a great frustration to enter into shape. You’ve got one of those 100 peo- vesting in this country and being the a business wanting just to provide that ple that’s tied up doing administrative job creators that they are. good or that service and do it with in a duties, that’s pretty good efficiency. With that, I yield back the balance of marketable, competitive way; to have That’s 99 percent producing that prod- my time. a margin of profit and control your uct, that number one, grade A widget f destiny and raise your family and do that you’re manufacturing and perhaps those things that are acting out the invented. AMERICAN EXCEPTIONALISM American Dream, and find out that a But as soon as a bureaucrat comes The SPEAKER pro tempore. Under lot of your life is really just tied up in along and says, Wait a minute. You the Speaker’s announced policy of Jan- meeting with government regulations have to have somebody here that’s doc- uary 5, 2011, the gentleman from Iowa and serving this Congress and dealing umenting—let’s say the water that’s (Mr. KING) is recognized for 30 minutes. with so many people that can control coming in, the electricity that’s com- Mr. KING of Iowa. Thank you, Mr. the destiny of some 300 million Ameri- ing in, the sewage that’s going out. Speaker. I appreciate that recognition, cans, who have never signed the front You have to have safety inspectors and and I appreciate the input that has of a paycheck, who have no idea what you have to have safety meetings, so come from the gentlelady from North it’s like to not maybe have any capital that once a week you line everybody up Carolina. I came down here to change and go out and build a little bit with and spend 15 to 30 minutes telling them the subject, but I wanted to speak some sweat equity and take that little what they need to do, which is safe. about regulation, and I’ll just wrap up bit of capital and roll it and invest it, Not a bad idea, but when the govern- those thoughts that I had before the and after a while find enough margin ment calls for that, they put more on clock ticked down and take it over to out there and enough customers that your overhead and they’ve shut down this. you’re compelled to hire a person to the production of that entire plant for As I emerged into the construction help you. that period of time that they prescribe. business that I identified, I found my- Now there’s two people working And the other regulations that come self doing seminars with other people there instead of one. And then you along in our construction businesses, of the same profession around the five- multiply that again and you take some the Federal Government saying, let’s State area in the upper Midwest with more sweat and your little bit of eq- see, you have to pay the Federal Gov- our trade association, the Land Im- uity and now you get to double up the ernment scale for your equipment oper- provement Contractors of America. In equity and now you get to have an- ators on construction projects, Davis- that five-State area as I traveled other employee and another. While Bacon wage scale. That really means around and held those seminars, I that’s going on, you’re building a cap- union-imposed scale on those projects. began to ask the questions of self-em- ital base that bridges you through the And it might change the wages. In the ployed people. Most of them had start- hard times. past, I’ve seen them double or be cut in ed the business themselves, and they And the attitude, especially over on half, depending which direction you’re were employers doing this in the kind this side of the aisle, is an attitude going. Just going across the highway, of way that we need to encourage more that employers somehow are victim- you go into a different division and it’s Americans to do rather than discour- izers of the proletariats. Ladies and a whole different wage scale. The guy age them with regulation. gentlemen, Mr. Speaker, I would say to running the shovel gets a different I began to ask them, How many agen- you that those folks here in this Con- wage than the guy that’s running the cies regulate your trade? As I asked gress—and most of them are over on grease gun, different from the guy that question, there might be 60 to 70 the liberal side of this aisle—believe that’s running the machine that’s contractors in a room, and we would that employers are victimizers and being greased or having the track begin to write down the names of those that employees have a certain virtue to scooped out on it. And I have to keep agencies. And, yes, some of them were them. I’ll just say that we have good track of all of that and do what the divisions within the agencies. You can and evil in all of us. But the people who government tells me, which means not start with the IRS and the EPA and risk their capital and many times put just is it costly to keep track of it all, you go on and on and on. OSHA, the everything they have on the line and but it consumes the efficiency on the mine regulators. It continues on. But help stand to lose it all if it doesn’t

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18481 work, they’re not taking advantage of the EU and that they’re only 2 percent economically again. It drives us so the employees. They’re giving the em- of the GDP of the European Union, and deeply into debt that just removing a ployees a job. if they’re not bailed out by the EU— couple of those components of Republicans over on this side, we say: and that means, yes, loan guarantees, ObamaCare, according to DENNY REH- jobs, jobs, jobs. Well, yes, we want but it gets down to debt forgiveness at BERG, the chairman of the HHH Appro- those jobs. I don’t believe that govern- a certain point—if they’re not bailed priations Committee—Health and ment creates the jobs. I think we out at a certain point, if they default, Human Services Appropriations Com- should stop saying we need to create then they will move away from the mittee—it would cut our spending over jobs. We don’t. We need to get govern- euro, the currency, and pick up the the next decade by $1.379 trillion. It ment out of the way so that investors drachma again and print their money would solve the whole problem of the can see an opportunity for profit. And back in Greece a second time, or again. supercommittee, that $1.379 trillion cut if they see that opportunity for profit, If that happens, they think the euro that comes just from ending the expan- they won’t just invest their capital or becomes less stable if the Greeks aren’t sion into Medicaid. By the way, the their sweat; they will produce the kind involved in it. They argue that they’re CLASS Act was going to go anyway. of jobs out there that will sustain peo- a domino. So if they’re not held up, The administration admitted that they ple in a market economy. propped up by the rest of Europe, then couldn’t sustain that component. That’s what needs to happen because, they’ll fall as a domino. And if that One other component in ObamaCare first, there have to come profits. You happens, the euro will start to tumble. was the individual premium subsidy for can’t pay payroll very long if you don’t By the way, their domino will clip those who were compelled to buy insur- have profits, which means that you’re Italy, Portugal, Spain, Ireland, Bel- ance under ObamaCare. Those compo- not going to have jobs unless people gium, name your country over there. nents totaled $1.379 trillion. So we make money. So what do we do in this Well, it may or may not be true. It’s strike those out, shut off any funding Congress? You people over here, you hard to look at Greece and argue that to that, and we’ve saved that $1.379 want to punish those people that are they are a domino, and if they fall, trillion. That would more than handle making money. On this side of the that they’ll necessarily hit one of those the $1.2 trillion that we’re directed in aisle, we don’t want to call those peo- other unstable countries that will also the debt ceiling deal. ple that are punishing the people that fall into one and the other and the But, Mr. Speaker, this went this way. are seeking a profit because we’re say- other. And it will start this cascading We had a chance coming into this new ing we want jobs. effect through the dominos of those un- Congress, this 112th Congress, to draw We should all say we want to see stable countries in Europe might not bright lines and to ensure fiscal respon- profit in these companies so that that be true. It might be true that Greece sibility and actually fix the real scope profit gets reinvested and more people could have a firewall built around it; of this problem. Step number one was have an opportunity to go to work and and if they default, they default. And repeal ObamaCare. receive a paycheck and perhaps a raise they’d have to rebuild their country b 1920 and a better benefits package. And from bottom up, inside out, back to maybe, if that profit gets so great in production again. We passed that out of this House, those companies, they’ll spin off of I hope that this doesn’t happen in H.R. 2, sent it over to HARRY REID in there and the people that learn the Greece. I hope that there’s a stable eco- the Senate, Mr. Speaker, where he set business going to work for the boss end nomic environment that grows out of it up for failure and they shot it down. up in competition against the boss. Europe. We’re tied to them financially So every Republican in the House That’s another thing that is the Amer- with hundreds of billions of dollars in- and every Republican in the Senate has ican way. vested over into the European banks. If voted to repeal ObamaCare. Congratu- These kinds of things need to happen they should fail, then it hurts us badly. lations, thank you all for doing that. organically over and over again in We’re also highly leveraged in this We didn’t get it done, but we got it America millions of times. And if they country. The comparison of us to voted on. And it’s on the conscience of don’t happen, then this country de- Greece is one that is considerably dis- the people that voted ‘‘no’’ that that volves itself down into a European- turbing. There is a good side to a po- monstrosity of a regulation churns its style social democracy. it’s hard for me tential Greek default, and that would way through, consuming $105.5 billion to even say those words and think of be that it would give this Congress a in automatic appropriations that were America in that fashion. We’ve moved lesson for what America needs to do to written deceptively into ObamaCare in in that fashion dramatically. avoid a similar calamity. I would like an unprecedented fashion. Oh, yes, the Mr. Speaker, the President of the to see us steer our way out of this, but tactic had been used before, but the United States doesn’t believe in these we’re here having a debate in this Con- scope had never been used like that be- things that I have described that I gress about minutiae in proportion to fore. think are good. He’s advocated this the scope of the problem that we are And so that $105.5 billion is in there. Keynesian economy on steroids. He’s in. And it’s around $26 billion in the first advocated for spending trillions of dol- We came into this new Congress with 2 years of ObamaCare, this year, next lars, borrowing it. About half of that a new Speaker, JOHN BOEHNER. We have year, $26 billion being churned away. money, by the way, is borrowed from an opportunity with 87 new freshman And if we had reached an impasse on the investors in America, who believe Republicans that came here. Most of our negotiations with the continuing that U.S. Treasury bills are the safest them pledged not to raise the debt ceil- resolution, the CR that hit at midnight place to put their money. ing. Most of them pledged to bring us on March 4, if that had resulted in a And actually it may be if you’re back to fiscal responsibility and fiscal showdown that would have been the going to talk about global currency, accountability. They all believe that to President causing a shutdown, that the other currency has gotten unsta- this day. I don’t think they’ve lost might have seen the lights go off in ble, too. The euro is in a very unstable, their beliefs. But along the way there Federal offices all across the land, Mr. unbalanced condition right now. They were a lot of big decisions that needed Speaker. But you could have driven have spent money in the European to be made without time to analyze. around the Federal buildings here in Union—money that they didn’t have. And so what happened? this city and around the Federal build- They have built a government bureauc- I said the first thing we needed to do ings across America, and where the racy much heavier than needed to be. was repeal ObamaCare, repeal lights were on in that eventuality, I’ve twice been to Greece this year, ObamaCare, repeal ObamaCare. I can’t they would be on because the money and they have their head in the sand, say it enough. We need to repeal that funds ObamaCare goes on anyway; in my opinion. They believe that they ObamaCare if we’re going to have a it’s automatic, they call it mandatory are the first of a multiple dominos in country that will function and operate spending. And we tried to shut that off

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18482 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 as well. And we did send the amend- trillion in national debt 10 years down licans said we’re not going to raise ment language out of this House of the road. And it was a great step in the taxes and Democrats said we aren’t Representatives that shut off all of the right direction—not as strong as I going to do it if you don’t raise taxes. funding to ObamaCare. And it went wanted it to be, not as strong as the They want to punish the people that over to the Senate, but it was attached RSC budget, which I voted for, but the are producing. They would increase the to the bill that went with the CR as an one that could pass that could con- taxes—you guys over there, you would appendage so that they could separate strain our spending. I voted for them increase the taxes on the people that it out and vote it down in the Senate— both. The RSC budget that balanced in are paying the most taxes. You would and that’s what HARRY REID did in the about 9 years and the Ryan budget that increase the taxes on the people that Senate also, Mr. Speaker. balanced in 26 years left us with $23 are paying the highest percentage. You And so here we are with a Congress trillion in national debt 10 years down would argue that it’s progressive. that began kind of on the right foot the road. That doesn’t sound very appe- And, you know, you’re never going to with an opportunity to force a show- tizing to the American public, those be satisfied. I know you won’t be satis- down with the President of the United facts, Mr. Speaker, but those facts fied. If I can tell you today—and to- States and make him defend didn’t hold. morrow is the first day of December— ObamaCare. We could have legiti- The promise from ourselves to our- that I have a magic wand, and I prom- mately funded all of the functions of selves went kind of out the window ise you all that we’re going to give you government—or we could have respon- when the debt ceiling agreement was what you want, and you’ve got all of sibly funded all of the legitimate func- presented to the floor of this Congress the month of December to put your tions of government would be a better and ultimately passed. And in that was wish list together. And when the ball way to phrase that, Mr. Speaker—and a supercommittee, in that was a prom- drops in Times Square in New York on shut off all funding to ObamaCare. The ise to vote on a balanced budget New Year’s Eve at midnight and the President of the United States then amendment, and in that was the threat new year, 2012, begins, here would be was predicted to veto a bill like that. that if the supercommittee didn’t the deal—here’s the magic wand: Give Had he done that, he would have had to produce a product that could pass the me a list of all the things that you explain to the American people that Congress and be signed by the Presi- want to do to take away the liberty his signature piece of legislation, dent, then there would be the seques- and freedom of the American people, ObamaCare, means more to him than tration—which I don’t know where the take away the wealth and the capital all of the legitimate functions of gov- language of that came from, but the se- that has been so justly earned by peo- ernment combined. That would have questration is the automatic cuts that ple in this country and redistribute the been the showdown. It should have we’re looking at now. wealth in the ideal of Karl Marx or any been the showdown. I believe that we I knew when the debt ceiling deal of the other leftists that you worship, would have prevailed on that show- was finally put on paper that we had to grant all of the wishes that you have, down. And I think the President would go through a number of things. One of reorder society according to all your have had to accept the funds that we them was we had to have a debate dreams, and let you have 30 days to put put on his desk in a CR appropriations about how we were going to define a the list together. And at midnight, bill, minus any funding that goes into balanced budget amendment. Well, we when the ball drops at Times Square, ObamaCare, cutting off all the auto- had that debate. And I think I won the stroke the magic wand, give you all matic funding that goes to debate and lost the decision, but none- your entire wish list. ObamaCare—could have, would have, theless, the clean version of the bal- If I had that power and if this hap- should have done that, Mr. Speaker. anced budget amendment was brought pened in this fashion, I will tell you, We moved past that point. The CR to the floor. I didn’t call it a clean you guys would work hard. Your lights was going to be $100 billion in cuts; it version. I think we needed to have the are on at night; you’re well funded and didn’t become that. That number went balanced budget amendment that you’re smart people—you’re wrong on down low enough that I’ll not utter it passed the Judiciary Committee. We your philosophy, but you would put to- into this CONGRESSIONAL RECORD. It’s should have let the committee work its gether a list, and it would be a long just not something that people go back will. The Judiciary Committee marked list. And it wouldn’t be without some and revisit that even voted for it. And up a balanced budget amendment that internal fights—and BARNEY FRANK then we were going to do yeoman’s had a cap at 18 percent of GDP on will still be there after all, so there work and cut trillions of spending with spending and it had a supermajority in would still be some of those internal the budget bill that came to the floor order to raise taxes. It was the right fights going on. And in the end, if I of the House, known as the Republican thing to do. It had exemptions there granted you your wish at midnight at budget resolution, that was cham- for a declared war or a case of a serious the new year, but the deal would be pioned by PAUL RYAN of Wisconsin, national emergency and other provi- that you had to then stop complaining who has done great work here on fiscal sions. It was a good constitutional the rest of your life, you would have to responsibility. That budget didn’t bal- amendment that we could live with live under the rules that you had writ- ance for 26 years, Mr. Speaker. That that would strengthen this country ten that you spent 30 days—all your ca- was all we could get out of this Con- over the long term. We didn’t have a reer wishing and dreaming and working gress. It’s hard to craft a budget that vote on that. We had the one that said and leveraging for in this Congress, comes that close. He did a lot of hard that thou shall have a balanced budget we’d give you everything you asked for work on it and laid out some good pa- and allows for a tax increase to balance on the new year, but you’d have to be rameters that we need to pick up and that budget. And of course you get to a quiet then and live under those rules. deal with. certain point with tax increases and And I can tell you what would happen. But the budget resolution here on the then you see a decline economically. You would stay up all night long on floor of the House was a promise from And I think we are past that tipping New Year’s night thinking, what did we ourselves to ourselves that we were point today, Mr. Speaker. That was an- forget? How did he cheat us? We really going to hold this spending down. And other one of our struggles. forgot to leave this in, we need to this spending allocation was agreed to So now we’re faced with a sequestra- change the rules. And we’re going to by this Congress—by the majority of tion. I’m thankful that the supercom- want more and more and more. Be- the House of Representatives, excuse mittee didn’t send us a package that cause, first of all, you don’t want to me. The Senate hasn’t passed a budget couldn’t pass the Congress, the House admit to the American people what in so long I don’t remember when. And and/or the Senate. I never believed that you really want to do. You’re anti-cap- so Mr. Speaker, that budget was they could. They concluded they italists, you’re anti-American liberty, passed, balancing in 26 years, spending couldn’t reach an agreement. There you’re anti-free enterprise. There are a too much money, leaving us with $23 was completely an impasse. Repub- number of the pillars of American

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18483 exceptionalism that you just plain op- is built; wealth is built. It’s not a zero abuse alcohol and reject illegal drugs. pose. And here we are, hardworking sum game. You’d solve a lot of the domestic American people, why do we have all Gold got mined out by the Incas and squabbles that go on and this society this capital? It never was a zero sum the Aztecs, and Adam Smith wrote would go on. We need to be a moral so- game. It never was. If you look back, about that. And he said the Spanish ciety. where was it when the, let’s say the galleons went back across the ocean But we are a Nation of doers and caveman first went out there and with having cut out the cost of labor— achievers, and our culture is being brought a pelt back and turned it into he didn’t say by stealing the gold from eroded by those who want to expand a blanket. the Incas and the Aztecs. He said they the dependency class in America. cut out the cost of labor. And once And that’s you folks over on that b 1930 they removed a significant cost of the side of the aisle. You’re in the business There was a little bit of wealth that labor of producing the gold from them, of expanding the dependency class in was created out of the labor that’s they dumped it into the markets in Eu- America. It goes on over and over and there. When they were scavengers and rope, and the price of gold went down. over again. And you do that because foragers, they still made tools. And Well, supply and demand, the cost of some of you believe, maybe even all of along the way, somebody else could the capital and cost of the labor goes you believe, that it is somehow a hu- make a tool a little better, a little together to produce any product that mane thing to do to take from the more efficient, and someone else could we have there. And over the centuries sweat of one person’s brow and hand it raise a little garden and trade some we built ships and we built buildings over to someone who won’t sweat for vegetables for some arrowheads, what- and we built highways, we built their own. But you do it because it ex- ever it might be. Someone else could bridges, and we created cash and cur- pands your political base, and then you tan a hide better than the person that rency to trade our labor back and forth pander to and cater to the people that hunted for the pelt, and so they traded with a commodity that would be will- you’re promising somebody else’s labor labor. ing to exchange. That’s money. to. And in the middle of all of that, they And then the capital that’s built in And you think that America’s going acquired things. They said, I’ll tell you this world now is trillions and trillions. to be stronger? No, we’re getting weak- what. Let’s do two pelts. You keep one, And, yes, class envy sets in and people er. We’ve reached the point now where I’ll keep the other. Fine. Now there’s think they get a case of the ‘‘poor these 300 million Americans that we two blankets where there had only me’s’’ if government doesn’t go hand have, when you add up—we talk about been one before. And on and on they them a job. how many on unemployment do we went, building and building and build- And I hear some of you that say, have. Oh, it was 15 million; now it’s 14 ing capital because we had free enter- well, the people that want to work million. You look at the weekly numbers of prise capitalism. We let people invest should work. People who want to work the new sign-ups and that number their sweat, and they turned it into eq- should have a job. I would argue that ranges down there under 400,000 or so. uity. the people that are able to, that the And we think, oh, it was a good week. And eventually they invented the people that are able to work need to wheel, and along came the industrial We had less than 400,000 new sign-ups sustain themselves, and they need to to unemployment. And people run off revolution, where we built things and contribute to the gross domestic prod- we put them on ships, and we traded the other end and they expire and uct in this country. It is the patriotic they’re no longer eligible, and so that around the world. And we found that thing to do. there were resources that were devel- number went from around 15 million America has created now this culture unemployed down to around 14 million oped in other countries more effi- within us that somehow the Federal unemployed or a little more. ciently than we could here. Government is going to guarantee a That’s not the number that we Adam Smith wrote in ‘‘Wealth of Na- middle class standard of living to ev- should be most concerned about. It is a tions’’ about how they had the wool in- erybody that lives in this country, number. We should add the 14 million dustry going on up in England and legal and illegal. that meet the definition for unemploy- Scotland and in Ireland, and so they Mr. Speaker, I know you’re going to ment to the number of Americans that should be the ones there that were be astonished at this, but there are 72 are of working age that are simply not shearing sheep and turning that into different means-tested Federal welfare in the work force, Mr. Speaker. clothing, and put the wool products programs functioning in the United The Department of Labor has that on that they did so well on ships and sail States today; 72 of them. There isn’t a their Web site. Anyone can go there. I them down to Portugal, where they single American that can name them think it’s dol.gov, something like that. were a lot better at raising grapes and from memory. If they can’t name them And on that Web site you’ll see dif- turning that into wine. And bring back from memory, neither can they de- ferent age groups of those working age. a load of wine and a ship full of wool, scribe them. It starts at age 16, 16 to 19. There are and that was the division of labor that And if they can’t describe them, nei- around 9 million Americans of that he described. And both countries were ther can they understand how they working age that are simply not in the better off. function individually, let alone under- workforce. Yes, they may be in school. Mr. Speaker, whenever there are two stand how 72 different welfare pro- A lot of us worked our way through people that trade a dollar, and it’s a grams can interact with each other and school. And I started before that age of business transaction, or it’s two or function to provide an incentive for 16. more, maybe it’s three, four, five or six people to do the right thing, which is And then you go from 20 on up to 25 people in this exchange, these business produce for themselves, maybe get an or so, there’s another chunk. Work deals are set up because each party education, develop some job skills, go your way on up. benefits. There doesn’t need to be a get a job. Americans of working age not in the loser in an economic transaction. William Bennett told us, when I came workforce, when I came to this Con- And when I hire somebody to go to to this Congress, that he said he could gress not that long ago were 69 million. work for me and I pay them a wage, solve 75 percent of the Nation’s Then it became 80 million. And about they get something in return. They pathologies. Get married, stay married, 21⁄2 months ago the number, for the want the money; they want the bene- get a job, keep a job. That’s 75 percent. first time in the history of this coun- fits. They might want the challenge. I You know, if he’s right on that, I’d say try, the number of Americans of work- hope they do. And they want to con- the other percent is substance abuse. ing age not in the workforce now has tribute, and we reach this agreement. I’ll bet we could get to about 99 per- exceeded 100 million Americans—100 It is a contractual agreement between cent if people would get married, stay million. Think what you could do with two consenting adults. And so capital married, get a job, keep a job and not the labor of 100 million Americans.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18484 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 And while that’s going on, now we We’ll have more prudent people that ment of Education, transmitting the Depart- have, what is our number, 11, 12 or are contributing to the ideas in this ment’s final rule — Promise Neighborhoods more million illegals in America? I ac- Congress, and we will get to a balanced Program [CFDA: 84.215P] (RIN: 1855-ZA07) re- tually think it’s 20 million or more, budget, and we will start to pay down ceived November 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Education but they keep tamping that number this national debt, and we will enforce and the Workforce. down. They keep coming across the and respect the rule of law. 4042. A letter from the Director, Regu- border, and the number got lower in- Mr. Speaker, I would go on for an- latory Management Division, Environmental stead of greater by some analysis. other half hour articulating some of Protection Agency, transmitting the Agen- But in any case, we know this: about the other pillars of American cy’s final rule — Approval and Promulgation seven out of every 12 illegals here in exceptionalism, but I recognize there is of Air Quality Implementation Plans; North this country work. That’s marginally a a limit to not your patience, but my Dakota; Revisions to the Air Pollution Con- little greater than the number of time. trol Rules [EPA-R08-OAR-2009-0556; FRL- 9486-2] received November 4, 2011, pursuant to Americans that are working. And that I appreciate your attention, and I 5 U.S.C. 801(a)(1)(A); to the Committee on seven out of 12 that are there are part would yield back the balance of my Energy and Commerce. of around 8 million, 7 million to 8 mil- time. 4043. A letter from the Director, Regu- lion documented, I’ll say study-ana- f latory Management Division, Environmental lyzed consensus numbers, 7 to 8 million Protection Agency, transmitting the Agen- illegals in America that were working. LEAVE OF ABSENCE cy’s final rule — Approval and Promulgation of Air Quality Implementation Plans; Vir- Now, if they all woke up tomorrow in By unanimous consent, leave of ab- their home country, that conceivably ginia; Revision to Nitrogen Oxides Budget sence was granted to: Trading Program [EPA-R03-OAR-2011-0773; creates 8 million new jobs. Mr. DREIER (at the request of Mr. FRL-9487-6] received November 4, 2011, pursu- Well, you know, if they weren’t com- CANTOR) for November 29 and Novem- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ing into this country illegally, you ber 30 on account of official travel. on Energy and Commerce. wouldn’t need so many people to go 4044. A letter from the Director, Regu- guard the border either, and they could f latory Management Division, Environmental do something productive rather than ADJOURNMENT Protection Agency, transmitting the Agen- something that’s not contributing eco- cy’s final rule — Approval and Promulgation Mr. KING of Iowa. Mr. Speaker, I of Implementation Plans; Texas; Regulations nomically to this country in the fash- move that the House do now adjourn. ion that produces goods and services. for Control of Air Pollution by Permits for The motion was agreed to; accord- New Construction or Modification [EPA-R06- So there’s 8 million jobs there. But ingly (at 7 o’clock and 40 minutes OAR-2011-0426; FRL-9485-3] received Novem- there are many other jobs out there for p.m.), under its previous order, the ber 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); the people that will go out there and House adjourned until tomorrow, to the Committee on Energy and Commerce. start a business, go ask for a job, com- Thursday, December 1, 2011, at 10 a.m. 4045. A letter from the Director, Regu- pete in this marketplace. And every latory Management Division, Environmental for morning-hour debate. one of the 100 million Americans who Protection Agency, transmitting the Agen- are not working that puts in 1 hour’s f cy’s final rule — Revisions to the California work even a week contributes to the State Implementation Plan, Joaquin Valley EXECUTIVE COMMUNICATIONS, Unified Air Pollution Control District and gross domestic product of the United ETC. Imperial County Air Pollution Control Dis- States of America. Under clause 2 of rule XIV, executive trict [EPA-R09-OAR-2011-0356; FRL-9479-3] re- People who are not working, not pro- ceived November 4, 2011, pursuant to 5 U.S.C. ducing, are not contributing, unless of communications were taken from the 801(a)(1)(A); to the Committee on Energy and course they’ve got investments that Speaker’s table and referred as follows: Commerce. are returning, and then I’ll give them 4036. A letter from the Under Secretary, 4046. A letter from the Director, Regu- some credit for that. Department of Defense, transmitting the De- latory Management Division, Environmental But 100 million. Think if you were on partment’s quarterly report entitled, ‘‘Ac- Protection Agency, transmitting the Agen- a boat or a ship, and let’s say you had ceptance of contributions for defense pro- cy’s final rule — Revisions to the California grams, projects, and activities; Defense Co- State Implementation Plan, Placer County 300 people on that boat or ship, and you operation Account’’, for the period ending Air Pollution Control District and Sac- had to have some trimming the sails, September 30, 2011; to the Committee on ramento Metro Air Quality Management Dis- some pulling the oars, some swabbing Armed Services. trict [EPA-R09-OAR-2011-0382; FRL-9477-4] re- the decks, some down in the galley, 4037. A letter from the Under Secretary, ceived November 4, 2011, pursuant to 5 U.S.C. some cooking, cleaning, housekeeping Department of Defense, transmitting a letter 801(a)(1)(A); to the Committee on Energy and and somebody up there taking care of on the approved retirement of Lieutenant Commerce. the captain. General David P. Fridovich, United States 4047. A letter from the Director, Regu- And what if you had 100 out of those Army, and his advancement to the grade of latory Management Division, Environmental lieutenant general on the retired list; to the Protection Agency, transmitting the Agen- 300 people that said, I’m going to sit Committee on Armed Services. cy’s final rule — Revisions to the California here in steerage. Bring me my food, 4038. A letter from the Chairman and Presi- State Implementation Plan, San Joaquin clean up my mess. That’s the scope of dent, Export-Import Bank, transmitting a Valley Unified Air Pollution Control District what America is faced with today. report on transactions involving U.S. exports [EPA-R09-OAR-2011-0601; FRL-9481-6] re- I’d put the people on the oars. I’d put to Ireland pursuant to Section 2(b)(3) of the ceived November 4, 2011, pursuant to 5 U.S.C. them up there trimming the sails and Export-Import Bank Act of 1945, as amended; 801(a)(1)(A); to the Committee on Energy and swabbing the decks, and we will sail a to the Committee on Financial Services. Commerce. lot smoother, we’ll be a lot stronger 4039. A letter from the Chairman and Presi- 4048. A letter from the Director, Regu- dent, Export-Import Bank, transmitting a latory Management Division, Environmental country, and we’ll feel better about report on transactions involving U.S. exports Protection Agency, transmitting the Agen- ourselves. This dignity of work is there to United Arab Emirates pursuant to Section cy’s final rule — Revisions to the California for every man and woman that takes 2(b)(3) of the Export-Import Bank Act of 1945, State Implementation Plan, San Joaquin that job on. as amended; to the Committee on Financial Valley Unified Air Pollution Control District And I challenge us all: let’s step up, Services. [EPA-R09-OAR-2011-0463; FRL-9481-1] re- take the freedom we have left. Let’s 4040. A letter from the Assistant General ceived November 4, 2011, pursuant to 5 U.S.C. grasp for more of that liberty. Let’s Counsel for Regulatory Services, Depart- 801(a)(1)(A); to the Committee on Energy and grasp more of that freedom, and let’s ment of Education, transmitting the Depart- Commerce. put some of these 100 million people to ment’s final rule — Investing in Innovation 4049. A letter from the Director, Defense Fund [Docket ID: ED-2011-OII-0001] received Security Cooperation Agency, transmitting work so they can contribute to their November 4, 2011; to the Committee on Edu- Transmittal No. 11-49, pursuant to the re- gross domestic product. cation and the Workforce. porting requirements of Section 36(b)(1) of The rest of the world will respect us 4041. A letter from the Assistant General the Arms Export Control Act, as amended; to more. We’ll be stronger economically. Counsel for Regulatory Services, Depart- the Committee on Foreign Affairs.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 18485 4050. A letter from the Director, Defense Financial Integrity Act for FY 2011; to the By Mr. BRALEY of Iowa: Security Cooperation Agency, transmitting Committee on Oversight and Government H.R. 3524. A bill to amend title 38, United Transmittal No. 11-47, pursuant to the re- Reform. States Code, to provide certain rights for porting requirements of Section 36(b)(1) of 4062. A letter from the Director, Depart- persons who receive treatment for illnesses, the Arms Export Control Act, as amended; to ment of the Interior, transmitting the 2010 injuries, and disabilities incurred in or ag- annual report on reasonably identifiable ex- the Committee on Foreign Affairs. gravated by service in the uniformed serv- penditures for the conservation of endan- 4051. A letter from the Assistant Secretary, ices, and for other purposes; to the Com- gered or threatened species by Federal and Legislative Affairs, Department of State, mittee on Veterans’ Affairs. State agencies, pursuant to 16 U.S.C. 1544; to transmitting a report on Oversight Informa- By Ms. SCHWARTZ (for herself, Mr. the Committee on Natural Resources. tion Pertaining to the Global Fund to Fight BURGESS, and Mr. BLUMENAUER): AIDS, Tuberculosis and Malaria; to the Com- 4063. A letter from the Deputy Director, mittee on Foreign Affairs. Department of the Interior, transmitting the H.R. 3525. A bill to amend the Department 4052. A letter from the Assistant Secretary, 2009 Annual Report for the Office of Surface of Agriculture Reorganization Act of 1994 to Legislative Affairs, Department of State, Mining Reclamation and Enforcement, pur- establish in the Department of Agriculture a transmitting consistent with the Authoriza- suant to 30 U.S.C. 1211(f), 1267(g), and 1295; to Healthy Food Financing Initiative; to the tion for Use of Military Force Against Iraq the Committee on Natural Resources. Committee on Agriculture. Resolution of 2002 (Pub. L. 107-243), the Au- 4064. A letter from the Attorney General, By Mrs. CAPPS: thorization for the Use of Force Against Iraq Department of Justice, transmitting notifi- H.R. 3526. A bill to amend the Public Resolution (Pub. L. 102-1), and in order to cation that the Department has decided not Health Service Act to improve women’s keep the Congress fully informed, a report to seek further review of the decision of the health by prevention, diagnosis, and treat- prepared by the Department of State for the United States Court of Appeals for the Ninth ment of heart disease, stroke, and other car- June 21- August 20, 2011 reporting period in- Circuit in the case United States v. Luis diovascular diseases in women, and for other cluding matters relating to post-liberation Mario Barajas-Alvarado, No. 10-50134 (9th purposes; to the Committee on Energy and Iraq under Section 7 of the Iraq Liberation Cir.); to the Committee on the Judiciary. Commerce. 4065. A letter from the Secretary, Depart- Act of 1998 (Pub. L. 105-338); to the Com- By Mr. HULTGREN (for himself, Mr. ment of Health and Human Services, trans- mittee on Foreign Affairs. BOREN, Mrs. BIGGERT, Mr. DOLD, Mr. mitting the Department’s report entitled, 4053. A letter from the Administrator and JOHNSON of Illinois, Mr. LANCE, Mr. ‘‘National Coverage Determinations for Fis- Chief Executive Officer, Department of En- KINZINGER of Illinois, Mr. MANZULLO, cal Year 2008’’; jointly to the Committees on ergy, transmitting submission of Bonneville and Mr. SCHOCK): Energy and Commerce and Ways and Means. Power Administration’s (BPA) 2011 Annual 4066. A letter from the Special Inspector H.R. 3527. A bill to amend the Commodity Report, pursuant to 16 U.S.C. 839(h)(12)(B) General for Iraq Reconstruction, transmit- Exchange Act to clarify the definition of Public Law 96-501, section 4(h)(12)(A) (94 ting the Special Inspector General for Iraq swap dealer; to the Committee on Agri- Stat. 2711); to the Committee on Oversight Reconstruction (SIGIR) October 2011 Quar- culture. and Government Reform. terly Report; jointly to the Committees on By Ms. EDDIE BERNICE JOHNSON of 4054. A letter from the Chairman, Council Foreign Affairs and Appropriations. Texas (for herself, Ms. WASSERMAN of the District of Columbia, transmitting SCHULTZ, Mr. DAVIS of Illinois, Mrs. f Transmittal of D.C. ACT 19-234, ‘‘Cooperative NAPOLITANO, Mr. COHEN, and Ms. Housing Association Economic Interest Rec- PUBLIC BILLS AND RESOLUTIONS MOORE): ordation Tax Temporary Amendment Act of H.R. 3528. A bill to amend the Hate Crime 2011’’; to the Committee on Oversight and Under clause 2 of rule XII, public Statistics Act to include crimes against the Government Reform. bills and resolutions of the following homeless; to the Committee on the Judici- 4055. A letter from the Chairman, Council titles were introduced and severally re- ary. of the District of Columbia, transmitting ferred, as follows: By Mr. OWENS: Transmittal of D.C. ACT 19-228, ‘‘Jubilee By Mr. RYAN of Wisconsin (for himself H.R. 3529. A bill to provide for the rein- Housing Residential Rental Project Real and Mr. VAN HOLLEN): Property Tax Exemption Clarification Tem- H.R. 3521. A bill to amend the Congres- statement of certain NAFTA Customs fees porary Act of 2011’’; to the Committee on sional Budget and Impoundment Control Act exemption, and for other purposes; to the Oversight and Government Reform. of 1974 to provide for a legislative line-item Committee on Ways and Means. 4056. A letter from the Chairman, Council veto to expedite consideration of rescissions, By Mr. PERLMUTTER (for himself and of the District of Columbia, transmitting and for other purposes; to the Committee on Mr. SCHWEIKERT): Transmittal of D.C. ACT 19-235, ‘‘Real Prop- the Budget, and in addition to the Com- H.R. 3530. A bill to require the exercise of erty Tax Appeals Commission Establishment mittee on Rules, for a period to be subse- clean-up call options under securities issued Clarification Temporary Amendment Act of quently determined by the Speaker, in each by the Federal National Mortgage Associa- 2011’’; to the Committee on Oversight and case for consideration of such provisions as tion or the Federal Home Loan Mortgage Government Reform. fall within the jurisdiction of the committee Corporation and to prohibit any new mort- 4057. A letter from the Chairman, Council concerned. gage-backed securities issued by such enter- of the District of Columbia, transmitting By Mr. LEWIS of Georgia (for himself, prises to contain provisions for a clean-up Transmittal of D.C. ACT 19-236, ‘‘Criminal Mr. KEATING, Ms. DELAURO, and Mr. call option; to the Committee on Financial Penalty for Unregistered Motorist Repeal NEAL): Services. Temporary Amendment Act of 2011’’; to the H.R. 3522. A bill to amend the Internal Rev- By Mr. PERLMUTTER: Committee on Oversight and Government enue Code of 1986 to provide an income tax H.R. 3531. A bill to authorize certain pri- Reform. credit for the costs of certain infertility vate rights of action under the Foreign Cor- 4058. A letter from the Chairman, Council treatments, and for other purposes; to the rupt Practices Act of 1977 for violations by of the District of Columbia, transmitting Committee on Ways and Means. foreign concerns that damage domestic busi- Transmittal of D.C. ACT 19-237, ‘‘The Wash- By Mr. ROGERS of Michigan (for him- nesses; to the Committee on Energy and ington Ballet Equitable Real Property Tax self, Mr. RUPPERSBERGER, Mr. KING of Commerce, and in addition to the Committee Relief Act of 2011’’; to the Committee on New York, Mr. UPTON, Mrs. MYRICK, on the Judiciary, for a period to be subse- Oversight and Government Reform. Mr. LANGEVIN, Mr. CONAWAY, Mr. quently determined by the Speaker, in each 4059. A letter from the Chairman, Council MILLER of Florida, Mr. BOREN, Mr. case for consideration of such provisions as of the District of Columbia, transmitting LOBIONDO, Mr. CHANDLER, Mr. NUNES, fall within the jurisdiction of the committee Transmittal of D.C. ACT 19-238, ‘‘Vault Tax Mr. GUTIERREZ, Mr. WESTMORELAND, concerned. Clarification Amendment Act of 2011’’; to the Mrs. BACHMANN, Mr. ROONEY, Mr. By Mr. YOUNG of Alaska (for himself Committee on Oversight and Government HECK, Mr. DICKS, Mr. MCCAUL, Mr. and Mr. BOREN): Reform. WALDEN, Mr. CALVERT, Mr. SHIMKUS, H.R. 3532. A bill to empower federally rec- 4060. A letter from the Chairman, Council Mr. TERRY, Mr. BURGESS, Mr. ognized Indian tribes to accept restricted fee of the District of Columbia, transmitting GINGREY of Georgia, Mr. THOMPSON of tribal lands, and for other purposes; to the Transmittal of D.C. ACT 19-239, ‘‘Arthur Cap- California, Mr. KINZINGER of Illinois, Committee on Natural Resources. per/Carrollsburg Public Improvements Rev- Mr. AMODEI, and Mr. POMPEO): enue Bonds Amendment Act of 2011’’; to the H.R. 3523. A bill to provide for the sharing By Mr. MICA: Committee on Oversight and Government of certain cyber threat intelligence and H.J. Res. 91. A joint resolution to provide Reform. cyber threat information between the intel- for the resolution of the outstanding issues 4061. A letter from the Secretary, Depart- ligence community and cybersecurity enti- in the current railway labor-management ment of Transportation, transmitting the ties, and for other purposes; to the Com- dispute; to the Committee on Transportation annual report under the Federal Managers’ mittee on Intelligence (Permanent Select). and Infrastructure.

VerDate Sep 11 2014 13:07 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR11\H30NO1.002 H30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18486 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 13 November 30, 2011 CONSTITUTIONAL AUTHORITY Clause 1 of Article VI of the United States H.R. 1946: Mr. POSEY. STATEMENT Constitution H.R. 1956: Mr. HARRIS. By Mr. PERLMUTTER: H.R. 1966: Mr. CARNAHAN. Pursuant to clause 7 of rule XII of H.R. 3531. H.R. 1968: Mr. MCKINLEY. the Rules of the House of Representa- Congress has the power to enact this legis- H.R. 1981: Mr. ROSS of Florida and Mr. tives, the following statements are sub- lation pursuant to the following: PENCE. mitted regarding the specific powers Article 1, Section 8, Clause 2; The Foreign H.R. 1983: Ms. PINGREE of Maine. granted to Congress in the Constitu- Commerce Clause. H.R. 1988: Mr. NEAL. tion to enact the accompanying bill or By Mr. YOUNG of Alaska: H.R. 1995: Mr. MICHAUD. H.R. 2016: Ms. MOORE, Mr. JOHNSON of Geor- joint resolution. H.R. 3532. Congress has the power to enact this legis- gia, Ms. KAPTUR, Ms. SEWELL, Mr. CLARKE of By Mr. RYAN of Wisconsin: lation pursuant to the following: Michigan, Ms. NORTON, Mr. KISSELL, Mr. H.R. 3521. Article I, Section 8 HOLT, Mr. HINOJOSA, Mr. YARMUTH, Mr. Congress has the power to enact this legis- By Mr. MICA: REYES, Mr. BACA, Ms. CHU, Mr. ENGEL, Mr. lation pursuant to the following: H.J. Res. 91. SERRANO, Mr. HONDA, Mr. LANGEVIN, Mr. Article I, Section 9, Clause 7. Congress has the power to enact this legis- DAVIS of Illinois, Mr. HASTINGS of Florida, By Mr. LEWIS of Georgia: lation pursuant to the following: Mr. RYAN of Ohio, Mr. RANGEL, Mr. SMITH of H.R. 3522. Article I section 8 ‘‘To regulate Com- Washington, Mr. BRADY of Pennsylvania, Mr. Congress has the power to enact this legis- merce’’ QUIGLEY Mr. COHEN, Mr. FARR, and Mr. BLU- lation pursuant to the following: MENAUER. f This bill is enacted pursuant to the powers H.R. 2040: Mr. SMITH of Nebraska. granted to Congress under Article I of the ADDITIONAL SPONSORS TO PUBLIC H.R. 2051: Mr. SOUTHERLAND and Mr. United States Constitution and its subse- BILLS AND RESOLUTIONS MCCOTTER. quent amendments, and as further clarified H.R. 2059: Mr. YODER. and interpreted by the Supreme Court of the Under clause 7 of rule XII, sponsors H.R. 2069: Ms. CLARKE of New York. United States. were added to public bills and resolu- H.R. 2070: Mr. STEARNS. By Mr. ROGERS of Michigan: tions as follows: H.R. 2104: Mr. LYNCH, Mr. THORNBERRY, and H.R. 3523. H.R. 85: Mr. FALEOMAVAEGA. Mr. DEFAZIO. Congress has the power to enact this legis- H.R. 2137: Mr. DENT. H.R. 100: Mr. GRAVES of Georgia, Mrs. lation pursuant to the following: H.R. 2182: Mr. BROOKS. EMERSON, Mr. MCCAUL, and Mr. ROE of Ten- The intelligence and intelligence-related nessee. H.R. 2268: Mr. HOLT. activities of the United States government H.R. 2299: Mr. UPTON. H.R. 132: Ms. SCHAKOWSKY. are carried out to support the national secu- H.R. 2306: Ms. PINGREE of Maine. H.R. 265: Mr. COHEN and Mr. CLAY. rity interests of the United States. H.R. 2335: Mr. MARINO. H.R. 266: Mr. COHEN and Mr. CLAY. Article I, section 8 of the Constitution of H.R. 2359: Mr. CLARKE of Michigan. H.R. 267: Mr. COHEN and Mr. CLAY. the United States provides, in pertinent H.R. 2364: Ms. HAHN. H.R. 374: Mrs. BLACK. part, that ‘‘Congress shall have power . . . H.R. 2393: Mr. GARAMENDI. H.R. 399: Mr. CARNEY. to pay the debts and provide for the common H.R. 2394: Ms. LEE of California. H.R. 427: Mr. AMODEI. defense and general welfare of the United H.R. 2397: Mr. MATHESON and Mr. WITTMAN. H.R. 459: Ms. SPEIER. States’’; and ‘‘To make all laws which shall H.R. 2464: Mr. DAVIS of Illinois. H.R. 668: Mrs. HARTZLER. be necessary and proper for carrying into H.R. 2492: Mr. COSTELLO, Mr. SHERMAN, H.R. 721: Ms. SLAUGHTER. Execution the foregoing Powers and all other Mrs. DAVIS of California, Mr. KEATING, Mr. H.R. 733: Ms. MATSUI. Powers vested in this Constitution in the GRIJALVA, Mr. WALBERG, and Ms. EDDIE BER- H.R. 735: Mr. LATTA and Mr. QUAYLE. Government of the United States, or in any NICE JOHNSON of Texas. H.R. 831: Mr. DEFAZIO. Department or Officer thereof.’’ H.R. 2499: Mr. WALZ of Minnesota. H.R. 835: Mr. GRIJALVA. By Mr. BRALEY of Iowa: H.R. 2500: Mr. ALTMIRE. H.R. 876: Mr. ROTHMAN of New Jersey and H.R. 3524. H.R. 2505: Mr. REYES. Mr. MCGOVERN. Congress has the power to enact this legis- H.R. 2528: Mr. ROSS of Florida. H.R. 1012: Ms. JENKINS. lation pursuant to the following: H.R. 2586: Mr. DOLD. This bill is enacted pursuant to the power H.R. 1048: Mr. BISHOP of New York, Ms. H.R. 2595: Mr. HIGGINS. granted to Congress under Article I, Section HAHN, and Ms. LEE of California. H.R. 2620: Mr. CLAY. 8, Clause 18 of the United States Constitu- H.R. 1148: Mr. LATTA, Mr. AMODEI, Mr. ROO- H.R. 2624: Ms. LEE of California. tion. NEY, Mr. FARR, Mr. FLORES, Mr. DEUTCH, Mr. H.R. 2629: Mr. MURPHY of Connecticut. By Ms. SCHWARTZ: CRITZ, Ms. SUTTON, Mr. YARMUTH, Mr. H.R. 2655: Mr. SCHOCK. H.R. 3525. BILBRAY, Mr. MILLER of Florida, Mrs. H.R. 2682: Mr. DOLD. Congress has the power to enact this legis- MCCARTHY of New York, Mr. LEVIN, and Mr. H.R. 2697: Mr. WALBERG and Mr. MILLER of lation pursuant to the following: CONNOLLY of Virginia. Florida. Article 1, Section 8, Clause 3. H.R. 1164: Mr. WITTMAN. H.R. 2728: Mr. COHEN. By Mrs. CAPPS: H.R. 1193: Mr. POSEY. H.R. 2779: Mr. DOLD. H.R. 3526. H.R. 1294: Mr. COHEN. H.R. 2780: Mr. SCHOCK. Congress has the power to enact this legis- H.R. 1300: Mr. FARR. H.R. 2834: Mr. NUGENT. lation pursuant to the following: H.R. 1307: Mr. STEARNS. H.R. 2857: Mr. FILNER, Ms. WATERS, and Ms. Article I, Section 8, Clause 1 H.R. 1370: Mr. TIPTON, Mr. SAM JOHNSON of CLARKE of New York. By Mr. HULTGREN: Texas, and Mr. WITTMAN. H.R. 2870: Mr. STIVERS. H.R. 3527. H.R. 1385: Mr. SHUSTER. H.R. 2874: Mr. MCCOTTER, Mr. LUETKE- Congress has the power to enact this legis- H.R. 1409: Mr. SOUTHERLAND. MEYER, and Mr. FORTENBERRY. lation pursuant to the following: H.R. 1426: Mr. GARY G. MILLER of Cali- H.R. 2885: Mr. ALTMIRE. Article I, Section 8, Clause 3 fornia and Mr. COHEN. H.R. 2962: Mr. WESTMORELAND and Mr. By Ms. EDDIE BERNICE JOHNSON of H.R. 1433: Mr. POE of Texas. WITTMAN. Texas: H.R. 1474: Mr. KINZINGER of Illinois. H.R. 2966: Ms. HAYWORTH and Mr. ROSKAM. H.R. 3528. H.R. 1477: Ms. WILSON of Florida. H.R. 2977: Mr. LOEBSACK and Mr. BOSWELL. Congress has the power to enact this legis- H.R. 1533: Mr. SCHOCK. H.R. 2981: Ms. MOORE, Mr. CAPUANO, Mr. lation pursuant to the following: H.R. 1587: Ms. WILSON of Florida. PAYNE, Mr. NADLER, and Mr. POLIS. Article I, section 8 of the Constitution of H.R. 1629: Mr. SARBANES. H.R. 2982: Mr. LUETKEMEYER, Mr. MARCH- the United States H.R. 1633: Mr. AUSTRIA, Mr. SOUTHERLAND, ANT, Mr. GRIJALVA, and Mr. COHEN. By Mr. OWENS: and Mr. HARPER. H.R. 3039: Mr. LUETKEMEYER. H.R. 3529. H.R. 1639: Mr. WHITFIELD. H.R. 3040: Mr. HASTINGS of Florida. Congress has the power to enact this legis- H.R. 1672: Mr. CUMMINGS and Mr. TOWNS. H.R. 3042: Mr. OWENS, Mr. SHUSTER, and lation pursuant to the following: H.R. 1681: Ms. VELA´ ZQUEZ. Mr. BARTLETT. Commerce Clause: Article I, Section 8, H.R. 1697: Ms. CHU, Mr. HULTGREN, Mr. TIP- H.R. 3043: Mr. COLE. Clause 3. TON, Mr. KLINE, and Mr. BOSWELL. H.R. 3100: Mr. DOGGETT. By Mr. PERLMUTTER: H.R. 1700: Mr. GIBSON. H.R. 3118: Mr. POSEY. H.R. 3530. H.R. 1815: Mr. REHBERG. H.R. 3122: Mr. JOHNSON of Illinois, Mr. Congress has the power to enact this legis- H.R. 1840: Mr. GIBSON. CARNAHAN, Ms. NORTON, and Mrs. NAPOLI- lation pursuant to the following: H.R. 1848: Mr. WALBERG. TANO.

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H.R. 3123: Mr. CARSON of Indiana and Ms. H.R. 3340: Mr. JONES. H. Res. 111: Mr. GRAVES of Missouri. SLAUGHTER. H.R. 3366: Mr. PAULSEN. H. Res. 134: Mr. JACKSON of Illinois. H.R. 3162: Mr. SOUTHERLAND and Ms. FOXX. H.R. 3379: Mr. SMITH of Nebraska, Mr. H. Res. 137: Mr. LEWIS of Georgia. H.R. 3192: Mr. LANGEVIN. PEARCE, and Mr. MCCLINTOCK. H. Res. 180: Mr. MCCOTTER. H.R. 3193: Mr. FLORES, Mr. ROKITA, and Mr. H.R. 3393: Ms. WILSON of Florida. H. Res. 220: Mr. FRANK of Massachusetts. ARRIS H.R. 3410: Mr. GIBSON, Mr. KLINE, and Mr. H . H. Res. 304: Ms. HAHN. H.R. 3199: Mr. MCINTYRE. BURTON of Indiana. H. Res. 306: Ms. HAHN. H.R. 3208: Mr. CULBERSON and Mr. WALDEN. H.R. 3415: Mr. RYAN of Ohio. H. Res. 333: Mr. BERMAN and Mr. FARR. H.R. 3209: Mr. CULBERSON and Mr. WALDEN. H.R. 3418: Mrs. MALONEY. H. Res. 376: Ms. ROS-LEHTINEN. H.R. 3235: Ms. NORTON. H.R. 3425: Mr. COHEN. H.R. 3236: Mr. HEINRICH. H.R. 3453: Mr. DUFFY. H. Res. 407: Mr. FITZPATRICK. H.R. 3243: Mr. ALEXANDER. H.R. 3455: Mr. JONES. H. Res. 450: Mr. GRIJALVA. H.R. 3261: Ms. CHU, Mr. HOLDEN, and Mr. H.R. 3506: Mr. CARNEY and Mr. PASCRELL. H. Res. 474: Mr. FARR. LARSON of Connecticut. H.R. 3510: Mr. CRITZ, Ms. HAYWORTH, Mr. H. Res. 475: Mr. HUIZENGA of Michigan, Mr. H.R. 3262: Mr. POSEY. AUSTIN SCOTT of Georgia, Mr. GERLACH, and BROOKS, Mrs. LUMMIS, Mr. STUTZMAN, Mr. H.R. 3271: Mr. STARK and Ms. DELAURO. Mr. MICHAUD. GRAVES of Georgia, Mr. WILSON of South H.R. 3300: Mr. CLAY. H.J. Res. 85: Mr. COLE, Mr. FLEMING, Mr. Carolina, Mr. POSEY, Mr. FORBES, Mr. BISHOP H.R. 3308: Mr. GOWDY. BISHOP of Utah, Mr. PENCE, Mr. CHABOT, Mr. of Utah, Mrs. BLACKBURN, Mr. FLEMING, Mr. H.R. 3310: Mr. STEARNS. GOHMERT, Ms. GRANGER, Mrs. SCHMIDT, Mr. PITTS, Mr. LANKFORD, Mrs. SCHMIDT, Mr. H.R. 3316: Mr. STARK and Mr. HOLT. NEUGEBAUER, Mr. WILSON of South Carolina, HUELSKAMP, Mr. GARRETT, Mr. COLE, Mr. H.R. 3317: Mr. STARK and Mr. HOLT. Mr. FORBES, Mrs. BLACKBURN, Mr. PITTS, Mr. HULTGREN, Mr. NEUGEBAUER, Mr. MULVANEY, H.R. 3323: Mr. CAMPBELL. YODER, Mr. HARRIS, and Mr. LANDRY. Mr. FRANKS of Arizona, Mr. DESJARLAIS, Mr. H.R. 3331: Mr. KLINE. H. Res. 20: Mr. BACA. FLEISCHMANN, and Mr. FINCHER.

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INTRODUCTION OF H.R. 3521, THE can—and must—work together to meet these came a respected voice for fire safety, and ‘‘EXPEDITED LINE-ITEM VETO challenges by advancing structural reforms to that experience led him to become a volunteer AND RESCISSIONS ACT OF 2011’’ the drivers of the debt and pro-growth solu- firefighter himself, which he continued to do tions to create a more conducive environment for decades. HON. CHRIS VAN HOLLEN for job creation. After retiring from ABC News in 1999, Hal OF MARYLAND This bipartisan legislation takes a modest dedicated himself to serving our communities’ IN THE HOUSE OF REPRESENTATIVES step in the right direction. The Expedited Line- firefighters and their families. He chaired the Wednesday, November 30, 2011 Item Veto and Rescissions Act gives the National Fallen Firefighters Foundation at a President an important tool to target unjustified time when we lost so many brave first re- Mr. VAN HOLLEN. Mr. Speaker, today I join spending, while also protecting Congress’s sponders in the September 11 attacks. Hal my friend House Budget Committee Chairman constitutional authority to make spending deci- was a champion for the families of firefighters RYAN to introduce the ‘‘Expedited Line-Item sions. who lost their lives in service to their commu- Veto and Rescissions Act of 2011.’’ Taxpayers This new authority would allow the Presi- deserve a system that is accountable, and this nities, and he fought for and won the passage dent to specify spending provisions within an of legislation to provide them survivor benefits. bipartisan legislation will provide another tool appropriations bill, requiring stand-alone con- to ensure that we are good stewards of their I know that Hal will be both dearly missed sideration of the spending proposal by Con- and dearly remembered by many in govern- money. The process created by this bill would gress. Legislation implementing the proposed enable the President to effectively propose the ment, those who turned to him for their news spending cancellations would receive expe- for so many years, and by the families of fire- elimination of unnecessary spending from leg- dited floor considerations and an automatic islation that arrives on his desk for signature, fighters on whose behalf he worked so tire- up-or-down vote in both chambers of Con- lessly. and send those items back to Congress for gress. Should Congress determine the spend- I join in remembering Hal and celebrating expedited votes on whether or not to rescind ing cannot be justified: Every dollar of savings his life. I offer my condolences to his wife Meg that funding. would be devoted to deficit reduction. We must do everything we can to make This bipartisan proposal builds upon past ef- and their children and grandchildren. sure tax dollars are spent wisely and respon- forts to target wasteful spending, including sibly. Budget process reform cannot be a sub- Legislative Line-Item Veto proposals I’ve ad- f stitute for judgment, and it cannot replace the vanced over the years and the new House HONORING SPENCER ROSENAK urgent need to put Americans back to work Majority’s ban on earmarks. I remain grateful and to put our nation on a path toward long- to Ranking Member VAN HOLLEN at the House term fiscal sustainability. But I hope this bipar- Budget Committee for his partnership in this HON. SAM GRAVES tisan step toward strengthening our budget effort. I look forward to working with my col- OF MISSOURI process will be the first on the road of greater leagues to help advance this common-sense IN THE HOUSE OF REPRESENTATIVES cooperation to meet our fiscal challenges. deficit-reduction tool—a step in the right direc- I want to thank Mr. RYAN and his staff for tion as we work to address the structural driv- Wednesday, November 30, 2011 their important and thoughtful cooperation in ers of the debt and continued impediments to developing this proposal. I ask all members on Mr. GRAVES of Missouri. Mr. Speaker, I economic growth. both sides of the aisle to cosponsor this meas- proudly pause to recognize Spencer Rosenak. ure and join us in the hard work ahead. f Spencer is a very special young man who has f REMEMBERING HAL BRUNO exemplified the finest qualities of citizenship and leadership by taking an active part in the EXPEDITED LINE-ITEM VETO AND Boy Scouts of America, Troop 216, and earn- RESCISSIONS ACT OF 2011 HON. STENY H. HOYER ing the most prestigious award of Eagle Scout. OF MARYLAND Spencer has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES HON. PAUL RYAN participating in many scout activities. Over the OF WISCONSIN Wednesday, November 30, 2011 many years Spencer has been involved with IN THE HOUSE OF REPRESENTATIVES Mr. HOYER. Mr. Speaker, a number of us scouting, he has not only earned numerous Wednesday, November 30, 2011 have come to the floor today to remember a merit badges, but also the respect of his fam- Mr. RYAN of Wisconsin. Mr. Speaker, I rise great American who passed away earlier this ily, peers, and community. Most notably, today to introduce the ‘‘Expedited Line-Item month. Hal Bruno made a real difference in Spencer has earned the rank of Brave in the Veto and Rescissions Act of 2011’’ along with people’s lives, both by keeping them informed Tribe of Mic-O-Say, participated in the 2010 my friend and colleague House Budget Com- about our world and by serving as an advo- National Jamboree and has held several lead- mittee Ranking Member CHRIS VAN HOLLEN of cate for firefighters and their families. ership positions within his troop, including As- Maryland. Hal was ABC News Political Director sistant Patrol Leader and as the Chaplain’s The fiscal and economic challenges facing through the 1980’s and 1990’s, covering major Aide. Spencer has also contributed to his our nation are immense. In addition to the national events and keeping Americans en- community through his Eagle Scout project. alarming budget deficit and painful jobs deficit, gaged with their government. He skillfully Spencer documented the directory of those Washington’s failure to tackle these chal- moderated the vice-presidential debate in buried at B’nai Yaakov Cemetery in St. Jo- lenges fuels a growing credibility deficit. For 1992 after having covered presidential cam- seph, Missouri, and created a map of the plots years, policymakers—in both political parties— paigns since Kennedy ran against Nixon. He in the cemetery. Spencer then published his have failed to serve as responsible stewards had the respect and admiration of leaders work on the internet, providing an online direc- of American families’ hard-earned tax dollars. from both parties. tory for anyone interested in those buried at Too many politicians continue to make empty As a journalist, Hal made a reputation for the cemetery. promises to those they serve, spending money himself as a truth-teller, even when the truth Mr. Speaker, I proudly ask you to join me in we don’t have on government programs that was difficult. That began in Chicago, when as commending Spencer Rosenak for his accom- don’t work. a young reporter he uncovered how poor safe- plishments with the Boy Scouts of America The stakes are too great to continue to kick ty standards in the building code had contrib- and for his efforts put forth in achieving the the can down the road. I believe that leaders uted to a fire that claimed 95 lives. He be- highest distinction of Eagle Scout.

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

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 18489 RECOGNIZING ETHAN DOYLE OF tions and logistics. She spent 13 years with been called the Academy Award of Vol- OAKTON, VA the General Service Administration throughout unteerism in the San Fernando Valley and is the Washington, DC, metropolitan area. She one of the top awards for civic accomplish- HON. GERALD E. CONNOLLY then served 23 years at the Naval Sea Sys- ments in the United States. Gary is well-deserving of this honor. OF VIRGINIA tems Command, including her final nine years at PEO Carriers. During this time, she became Gary’s community service and volunteerism IN THE HOUSE OF REPRESENTATIVES the In-Service Logistician for Mine Sweepers has spanned more than 37 years and has in- Wednesday, November 30, 2011 and Hunters before finally coming to Aircraft volved Chambers of Commerce, organizations Mr. CONNOLLY of Virginia. Mr. Speaker, I Carriers to work in new construction, mid-life that have political impact in the San Fernando rise to honor Ethan Doyle, a 2011 Critical Lan- Refueling and Complex Overhauls, and sup- Valley, anti-gang programs, youth develop- guage Scholarship Program Recipient. Ethan porting the Navy’s in-service Aircraft Carriers. ment organizations, leadership and business has been identified by his educators for his Mrs. Nicklow’s current duties include ensur- programs, and nonprofit organizations. academic excellence, leadership potential and ing that in-service Aircraft Carriers are Gary is responsible for creating many inno- exemplary citizenship to participate in the Crit- logistically supported so that sailors are vative fundraising programs for Valley non- ical Language Scholarship Program in Vladi- trained properly to perform and maintain their profits and has helped raise more than $5 mil- mir, Russia. equipment. lion for the nearly 30 nonprofit organizations This Critical Language Scholarship Program Her well-deserved plans post retirement in- for which he has served in leadership posi- allows students to participate in daily edu- clude more traveling, spending time with fam- tions. cational activities in Vladimir, Russia, as well ily, partaking in health classes, and bowling. He has served on the Boys & Girls Club of as the surrounding areas. The program pro- Mrs. Nicklow currently lives with her husband the West for the past 13 years and is currently vides participants with the opportunity to build and mother. Chairman of the Board for the fifth year. Gary relationships with young leaders from all over Mr. Speaker, I ask that you join with me has served in leadership positions with the the world with an intense focus in the Russian today to honor Mrs. Nicklow. Her long and Economic Alliance of the San Fernando Val- language, one of the thirteen ‘‘critical needs’’ dedicated service to the United States of ley, United Chambers of the San Fernando foreign languages determined by the Depart- America is an inspiration to all of us. It is with Valley; the Valley Business Corps, and the ment of State, for summer 2012. At the end of great pride that I congratulate Mrs. Nicklow on Wellness Community for the Valley and Ven- the program, participants receive a certificate her retirement and wish her the best of luck in tura. Gary also has been active with the San Fer- of completion. the future. nando Valley Business Advisory Commission Ethan is a student at Johns Hopkins Univer- f and the San Fernando Valley Charitable Foun- sity. It is inspiring to see young people who HONORING BRADLEY DONAGHY dation. are interested in international educational and Although Gary is being recognized for his developmental experiences such as these. activities in the San Fernando Valley, I know Mr. Speaker, I ask my colleagues to join me HON. SAM GRAVES firsthand that he has also been active in many in recognizing this remarkable achievement by OF MISSOURI nonprofit and business activities in Ventura Ethan Doyle and wishing his continued suc- IN THE HOUSE OF REPRESENTATIVES County as well. cess in his further pursuits. Wednesday, November 30, 2011 A successful businessman, Gary is Senior f Mr. GRAVES of Missouri. Mr. Speaker, I Vice President and Creative Director for PERSONAL EXPLANATION proudly pause to recognize Bradley Donaghy. Aaron, Thomas & Associates in Chatsworth, a Bradley is a very special young man who has company that specializes in creative con- HON. MARIO DIAZ-BALART exemplified the finest qualities of citizenship sulting, graphic design, printing, and direct and leadership by taking an active part in the mail services to the political sector and the OF FLORIDA general corporate market throughout the IN THE HOUSE OF REPRESENTATIVES Boy Scouts of America, Troop 495, and earn- ing the most prestigious award of Eagle Scout. United States. Wednesday, November 30, 2011 Bradley has been very active with his troop, Mr. Speaker, I know my colleagues join Jan- ice and me in congratulating Gary Thomas for Mr. DIAZ-BALART. Mr. Speaker, on rollcall participating in many scout activities. Over the the honor of being the 2011 Fernando Award No. 862, due to family health issues, I was un- many years Bradley has been involved with Recipient and in thanking him for making his able to make the vote. Had I been present, I scouting, he has not only earned numerous community a better place for all to live, work, would have voted ‘‘yea.’’ merit badges, but also the respect of his fam- and thrive. f ily, peers, and community. Most notably, Brad- ley has contributed to his community through f HONORING PATRICIA NICKLOW his Eagle Scout project. RECOGNIZING LIEUTENANT GEN- Mr. Speaker, I proudly ask you to join me in ERAL WILLIAM E. INGRAM, JR. HON. C.A. DUTCH RUPPERSBERGER commending Bradley Donaghy for his accom- OF MARYLAND plishments with the Boy Scouts of America HON. G.K. BUTTERFIELD IN THE HOUSE OF REPRESENTATIVES and for his efforts put forth in achieving the OF NORTH CAROLINA highest distinction of Eagle Scout. Wednesday, November 30, 2011 IN THE HOUSE OF REPRESENTATIVES f Mr. RUPPERSBERGER. Mr. Speaker, I rise Wednesday, November 30, 2011 before you today to honor Mrs. Patricia IN HONOR OF THE 2011 FERNANDO Mr. BUTTERFIELD. Mr. Speaker, I rise to Nicklow, a resident of Essex, Maryland, on the AWARD RECIPIENT GARY THOMAS recognize the accomplishments of a truly great occasion of her retirement from the U.S. soldier and North Carolinian, Lieutenant Gen- Navy’s Program Executive Office for Aircraft HON. ELTON GALLEGLY eral William E. Ingram, Jr. In a recent Senate Carriers after more than 37 years of dedicated OF CALIFORNIA Armed Services Committee hearing on No- service to the federal government. IN THE HOUSE OF REPRESENTATIVES vember 10th, 2011, Lieutenant General Patricia Nicklow was born in Baltimore and Ingram was confirmed as Director of the Army Wednesday, November 30, 2011 attended Our Lady of Mount Carmel and National Guard and on Monday, November Kenwood Senior High Schools in Essex. She Mr. GALLEGLY. Mr. Speaker, I rise to honor 28th, 2011 he officially assumed the duties of is Level III certified in Acquisition Logistics Gary Thomas—businessman, civic activist and the position. Also on November 28th, 2011, with Level II certifications in both Program a very good friend to my wife, Janice, and Lieutenant General Ingram received his new Management and Business Financial Manage- me—as he is recognized this Friday as the star from Army General Ray Odierno, chief of ment from the Defense Acquisition University. 53rd recipient of the annual Fernando Award. staff of the Army, and Air Force General Craig Over the course of her 37-year career with The Fernando Award is the highest award in McKinley, chief of the National Guard Bureau. the federal government, Mrs. Nicklow has de- California’s San Fernando Valley that recog- For nearly four decades Lieutenant General veloped an extensive background in acquisi- nizes exceptional volunteer efforts. It often has Ingram has served our nation as an officer in

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18490 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 November 30, 2011 the Army National Guard. He has commanded job seriously—no doubt about it—but she ment of State for summer 2012. At the end of at all levels from platoon to battalion, over- doesn’t take herself seriously. As an elected the program, participants receive a certificate seas, and was especially effective as the Ad- official at any level, and especially in our cur- of completion. jutant General of North Carolina for over nine rent political climate, that’s definitely an asset. Samantha is a student at the University of years. I have no doubt in his ability to accom- Anyone who has ever worked with Jennie Georgia. It is inspiring to see young people plish the wide-ranging requirements placed on will tell you that she’s a joy to be around. I who are interested in international educational the shoulders of the Director of the Army Na- have greatly enjoyed both the professional and developmental experiences such as tional Guard. He will perform his duties well, and personal relationship that we’ve shared these. with honor and enthusiasm. throughout the years, and know that our Mr. Speaker, I ask my colleagues to join me Lieutenant General Ingram was born and friendship is a lasting one. in recognizing this remarkable achievement by raised in Elizabeth City, North Carolina, and Gastonia has never had a bigger cheer- Samantha Gray and wishing her continued was a longtime resident of Williamston, North leader than Mayor Jennie Stultz. There is no success in her further pursuits. Carolina. I am proud to say both are located doubt that she loves the people and the place, f in the First Congressional District, which I and they love her back. She will be missed, have the honor of representing. His wife, Lil, but even though she won’t be mayor, we all PAYING TRIBUTE TO THE LIFE OF has also been a tremendous asset to National look forward to the continued contributions RODNEY CARROLL Guard families and the citizens of North Caro- that Jennie will make to Gastonia, NC. lina. She has worked tirelessly as an advocate f HON. CHARLES B. RANGEL for North Carolina National Guard families to OF NEW YORK HONORING SAMUEL PATRICK help them cope with the deployment of family IN THE HOUSE OF REPRESENTATIVES STOWERS members through several children’s programs, Wednesday, November 30, 2011 the Family Readiness Program, and even as a co-author of a book for children of Wounded HON. SAM GRAVES Mr. RANGEL. Mr. Speaker, it is with great Warriors. OF MISSOURI sadness that I rise to honor the life of Rodney Lieutenant General Ingram is a source of IN THE HOUSE OF REPRESENTATIVES Carroll, a community activist from my district. great pride for eastern North Carolina. I have Rodney was a very active member of his com- Wednesday, November 30, 2011 witnessed the progression of his career over munity, a loving husband and father. the years and I am very proud to see his dedi- Mr. GRAVES of Missouri. Mr. Speaker, I Rodney’s work with the Department of cation, sacrifices, and contributions recognized proudly pause to recognize Samuel Patrick Youth and Community Development will live with this appointment and promotion. I offer Stowers. Samuel is a very special young man on forever in the city of New York. As Vice- my sincere appreciation for his service to the who has exemplified the finest qualities of citi- Chair of the Community Action Board he had United States of America and the great state zenship and leadership by taking an active a sincere enthusiasm for this position. He was of North Carolina. I ask that my colleagues part in the Boy Scouts of America, Troop 495, a very determined person and would do every- join me in congratulating Lieutenant General and earning the most prestigious award of thing he could to achieve his goal of making William E. Ingram, Jr. on receiving his recent Eagle Scout. sure the youth and their families would have promotion to the rank of lieutenant general Samuel has been very active with his troop, community organizations that were effective to and his appointment as Director of the Army participating in many scout activities. Over the their needs. His work with Social Service Em- National Guard. many years Samuel has been involved with ployee Union Local 371, DC 37 as a staff rep- f scouting, he has not only earned numerous resentative and organizer also will never be merit badges, but also the respect of his fam- forgotten. He continuously fought for workers HONORING JENNIE STULTZ ily, peers, and community. Most notably, Sam- rights in the community. Rodney was the defi- uel has contributed to his community through nition of a true Harlemite. The future of New HON. SUE WILKINS MYRICK his Eagle Scout project. York City’s youth has vastly improved because OF NORTH CAROLINA Mr. Speaker, I proudly ask you to join me in of the work this man has accomplished. IN THE HOUSE OF REPRESENTATIVES commending Samuel Patrick Stowers for his Rodney believed in our youngsters and their accomplishments with the Boy Scouts of work. They are most fortunate to have had Wednesday, November 30, 2011 America and for his efforts put forth in achiev- someone like him stand up for what’s right Mrs. MYRICK. Mr. Speaker, Jennie Stultz, ing the highest distinction of Eagle Scout. and get them the resources that they deserve. mayor of Gastonia, NC, has a motto—‘‘city f Mr. Speaker, I ask that you and my col- pride.’’ I couldn’t have described her any bet- leagues join me in paying tribute to the life of ter myself. RECOGNIZING SAMANTHA GRAY this very honorable man. Let’s encourage oth- Jennie is retiring in a few weeks, after 12 OF SPRINGFIELD, VA ers to continue helping communities the way years as mayor of Gastonia. Her impact on Rodney Carroll did. Our body must continue to the city will be long-lasting and her leadership HON. GERALD E. CONNOLLY recognize community leaders like him because greatly missed. OF VIRGINIA they are the one’s who have a direct impact Jennie did that which is most important as IN THE HOUSE OF REPRESENTATIVES on the lives of the children in our communities. a mayor and a native of Gastonia—she put The youth in this country are better off be- Wednesday, November 30, 2011 the good of her city first. Partisan politics al- cause of people like Rodney. ways took a backseat to making sure that ev- Mr. CONNOLLY of Virginia. Mr. Speaker, I f eryone had a seat at the table when making rise to honor Samantha Gray, a 2011 Critical the decisions that moved Gastonia forward. Language Scholarship Program Recipient. IN RECOGNITION OF MR. RONALD And move forward it did. Jennie was com- Samantha has been identified by her edu- J. DEL MAURO mitted to economic and residential develop- cators for her academic excellence, leadership ment, and made decisions that brought busi- potential and exemplary citizenship to partici- HON. FRANK PALLONE, JR. nesses and residents to Gastonia. She credits pate in the Critical Language Scholarship Pro- OF NEW JERSEY the redevelopment of downtown Gastonia as gram in Kyoto, Japan. IN THE HOUSE OF REPRESENTATIVES one of her greatest accomplishments—an ac- This Critical Language Scholarship Program complishment of which she should be very allows students to participate in daily edu- Wednesday, November 30, 2011 proud. cational activities in Kyoto, Japan, as well as Mr. PALLONE. Mr. Speaker, I rise today to Under Jennie’s tenure, Gastonia was twice the surrounding areas. The program provides congratulate Mr. Ronald J. Del Mauro, Chief named an All-America City, an award that participants with the opportunity to build rela- Executive Officer of Barnabas Health, for his commends the innovation and civic engage- tionships with young leaders from all over the forty-five years of service. His continued ef- ment of the city. world with an intense focus in the Japanese forts to revitalize and further develop the orga- Even after all of this, Jennie’s best quality is language, one of the thirteen ‘‘critical needs’’ nization and its services will be recognized at being able to laugh at herself. She takes her foreign languages determined by the Depart- his retirement ceremony on December 8,

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 18491 2011. Mr. Del Mauro’s tremendous efforts to Alex has been very active with his troop, HONORING LANCE CORPORAL assist the constituents of New Jersey is wor- participating in many scout activities. Over the JOSHUA CORRAL thy of this body’s recognition. many years Alex has been involved with Ronald Del Mauro began his career with scouting, he has not only earned numerous Saint Barnabas Medical Center in 1967 and merit badges, but also the respect of his fam- HON. JERRY McNERNEY served as Vice President for Human Re- ily, peers, and community. Most notably, Alex OF CALIFORNIA sources and Director of Personnel for fourteen has contributed to his community through his years. In 1985, he was elected President and Eagle Scout project. IN THE HOUSE OF REPRESENTATIVES Chief Executive Officer of Saint Barnabas Mr. Speaker, I proudly ask you to join me in Wednesday, November 30, 2011 Medical Center, the position he currently main- commending Alex Mitchell Goforth for his ac- tains to this day. In 1983, Mr. Del Mauro was complishments with the Boy Scouts of Amer- Mr. MCNERNEY. Mr. Speaker, I rise today named Senior Vice President for Human Re- ica and for his efforts put forth in achieving the to ask my colleagues to join me in honoring sources for the Saint Barnabas Corporation. highest distinction of Eagle Scout. the life of Lance Corporal Joshua Corral. Josh His appointment also included General Man- was assigned to the 3rd Battalion, 7th Marine ager and Chief Operating Officer of Livingston f Regiment, 1st Marine Division, I Marine Expe- Services Corporation, the for-profit affiliate of ditionary Force, Twentynine Palms, California. Barnabas Health. In 1986, he was named IN HONOR OF PHILIP SAMUEL President and Chief Executive Officer of the HELLER He was only 19 years old when he was Corporation. Mr. Del Mauro was later elected killed in combat on November 18 while de- Chairman of the Board of Trustees for the HON. DORIS O. MATSUI fending our Nation in Afghanistan. Medical Center in 1993. Concurrently, he OF CALIFORNIA Josh attended San Ramon Valley High. He served a three year term as Chairman of the IN THE HOUSE OF REPRESENTATIVES enjoyed playing baseball and soccer, and he Board of Trustees for Clara Maass Medical was known by everyone as ‘‘Chachi.’’ Through Wednesday, November 30, 2011 Center, a Barnabas Health System affiliate. letters, flags, a candlelight vigil, and many Under Mr. Del Mauro’s direction, Barnabas Ms. MATSUI. Mr. Speaker, it is with sad- other actions, Danville has come together as Health remains the largest health care system ness that I rise to honor the life of my friend a community to offer comfort to his family and in New Jersey and employs 18,200 nurses, Philip Samuel Heller, who passed away on show gratitude for his service and ultimate physicians and residents. Mr. Del Mauro is re- November 19 at the age of 81. Phil was not sacrifice. This great outpouring of support is a sponsible for Barnabas Health services and only a good friend of mine and my late hus- testament to Josh’s character and heroism. facilities retaining their nationally recognized band’s, but a friend to many families in Sac- Josh may not be here, but he will not be for- status. Barnabas Health continues to provide ramento. gotten. Phil was born on November 16, 1930, in treatment and services for more than two mil- Josh is survived by his parents, Arnie and Brooklyn, New York, the son of Sidney and lion patients each year under Mr. Del Mauro’s Denise, as well as his brothers Zachary, Jor- Aida Heller. For the better part of four dec- direction. dan and Christian. Mr. Del Mauro has also been actively in- ades, Phil managed Sirlin Photographers in volved in many professional organizations and Sacramento and photographed many Sac- Josh is a hero who put aside all else out of health associations which include the New ramento area families. Phil’s career in photog- devotion to his country. I ask my colleagues to Jersey Hospital Association, for which he is raphy began when he worked at Bethlehem join me in honoring the memory of Josh Corral the former Chairman, and the New Jersey Steel in Redding, Pennsylvania, where he was and in sending our thoughts and prayers to his Chamber of Commerce. He also serves as an engineer and photographer. He obtained beloved family and friends. member of the New Jersey Essential Health his degree in engineering at Lehigh University Services Commission, Chairman of the Infra- in Bethlehem and his early career took him to f structure Advisory Committee of the New Jer- Randolph Air Force Base in San Antonio, sey Domestic Security Preparedness Task Texas, where he was a flight engineer instruc- HONORING JAMES CHANDLER Force and Management Trustee of Local 68 tor. Besides photography, one of Phil’s pas- ADAMS International Union of Operating Engineers’ sions was radio controlled model airplanes, Pension Fund. Mr. Del Mauro is a graduate of which he enjoyed building, flying, and showing Seton Hall University and has also served as off. HON. SAM GRAVES an Adjunct Professor at the Graduate School Phil is survived by his wife, Cathie, his chil- OF MISSOURI of Public Administration from 1983 to 1985. dren Jeff, Mark, and Rana, along with his Mr. Speaker, once again, please join me in many grandchildren and great grandchildren. IN THE HOUSE OF REPRESENTATIVES thanking Mr. Ronald Del Mauro for his forty- Mr. Speaker, I ask my colleagues to join me Wednesday, November 30, 2011 five years of dedication to the Barnabas in paying honor to Philip Heller. He leaves be- Health community. His outstanding efforts hind the lasting legacy of a loving father and Mr. GRAVES of Missouri. Mr. Speaker, I have assisted countless individuals throughout a photographer whose work hangs in the proudly pause to recognize James Chandler the Barnabas Health and New Jersey commu- homes and offices of countless people. I hope Adams. James is a very special young man nities. that his wife Cathie and his family will find who has exemplified the finest qualities of citi- f comfort in the fact that Phil provided so much zenship and leadership by taking an active love and kindness to those of us who had the part in the Boy Scouts of America, Troop 495, HONORING ALEX MITCHELL honor to share in his life. and earning the most prestigious award of GOFORTH Eagle Scout. f HON. SAM GRAVES James has been very active with his troop, PERSONAL EXPLANATION participating in many scout activities. Over the OF MISSOURI many years James has been involved with IN THE HOUSE OF REPRESENTATIVES scouting, he has not only earned numerous Wednesday, November 30, 2011 HON. MARIO DIAZ-BALART merit badges, but also the respect of his fam- OF FLORIDA ily, peers, and community. Most notably, Mr. GRAVES of Missouri. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES proudly pause to recognize Alex Mitchell James has contributed to his community Goforth. Alex is a very special young man who Wednesday, November 30, 2011 through his Eagle Scout project. has exemplified the finest qualities of citizen- Mr. DIAZ-BALART. Mr. Speaker, on rollcall Mr. Speaker, I proudly ask you to join me in ship and leadership by taking an active part in No. 861, due to family health issues, I was un- commending James Chandler Adams for his the Boy Scouts of America, Troop 495, and able to make the vote. accomplishments with the Boy Scouts of earning the most prestigious award of Eagle Had I been present, I would have voted America and for his efforts put forth in achiev- Scout. ‘‘yea.’’ ing the highest distinction of Eagle Scout.

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18492 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 November 30, 2011 RECOGNIZING PATRICK ROSTOCK power arena. After World War II, Idaho was Mr. Bruno’s journalism career spanned five OF MANASSAS, VA chosen as the new home of the Nuclear Reac- decades, and he was greatly involved in many tor Testing Station, where for the first time it high-profile cases including the Cuban Revolu- HON. GERALD E. CONNOLLY was demonstrated that nuclear power could tion, Watergate, Chappaquiddick, and 9/11. OF VIRGINIA be used to generate usable forms of elec- His breadth of knowledge and myriad of re- IN THE HOUSE OF REPRESENTATIVES tricity. In the 60 years since, over 50 nuclear sources will remain as testaments to his te- reactors have been designed and tested in nacity as a political analyst. Wednesday, November 30, 2011 Idaho, leading to the development of extensive Equally important in his life was the service Mr. CONNOLLY of Virginia. Mr. Speaker, I capabilities and expertise. This expertise han- rise to honor Patrick Rostock, a 2011 Critical dling nuclear materials made Idaho an ideal he provided as a volunteer firefighter, and Language Scholarship Program Recipient. location when NASA needed to develop the later as a Chairman Emeritus for the National Patrick has been identified by his educators next space battery that would power its new Fallen Firefighters Foundation. In recognition for his academic excellence, leadership poten- planetary rover. of his service, the Congressional Fire Services tial, and exemplary citizenship to participate in The Mars Science Laboratory mission has Institute selected him as its ‘‘Fire Service Per- the Critical Language Scholarship Program in the potential to be the most productive Mars son of the Year’’ in 1995. His passion for fire Shanghai, China. surface mission in history. That is due, in part fighting began in the 1940s, Mr. Bruno’s dedi- This Critical Language Scholarship Program to its nuclear heat and power source. The cation to fighting fires continued until his pass- allows students to participate in daily edu- rover Curiosity, which is the size of a small ing, as he always had an emergency scanner cational activities in Shanghai, China, as well car, is carrying the most advanced payload of and a bunker gear, helmet, and boots in his as the surrounding areas. The program pro- scientific gear ever used on Mars’ surface. car ready to assist in an emergency. vides participants with the opportunity to build The nuclear powered rover can go farther, Commended not only for his analysis and relationships with young leaders from all over travel to more places and power and heat a service to his community, but also his modera- the world with an intense focus in the Chinese larger and more capable scientific payload tion of the 1992 Vice Presidential debate, Mr. language, one of the thirteen ‘‘critical needs’’ than a solar powered vehicle would in the Bruno made certain to maintain a fair environ- foreign languages determined by the Depart- same environment. Curiosity will travel to loca- ment despite a highly political atmosphere. ment of State, for summer 2012. At the end of tions on Mars that have been off-limits before The debate only reiterated Mr. Bruno’s deter- the program, participants receive a certificate and collect samples and perform analysis on mination to provide the people with fair and of completion. a far larger scale than previously imagined. balanced information to decide for themselves. Patrick is a student at James Madison Uni- This is all possible because of Curiosity’s versity. It is inspiring to see young people who unique nuclear-powered batteries. Mr. Speaker, Hal Bruno’s incessant dedica- are interested in international educational and A dedicated team of INL scientists and engi- tion to provide assistance to members of the developmental experiences such as these. neers began assembling and testing these fire fighting community and their families in ad- Mr. Speaker, I ask my colleagues to join me batteries in the summer of 2008. After exten- dition to informing the American public about in recognizing this remarkable achievement by sive testing to ensure the batteries would per- events of import in Washington, DC is more Patrick Rostock and wishing his continued form as expected during the launch and sub- than commendable. I take this time to remem- success in his further pursuits. sequent travel through space, and then again ber the services this great man provided our f when the rover began its mission on Mars, the nation. Hal Bruno will be greatly missed. He team of INL employees felt confident the bat- has left a legacy that will positively impact the CONGRATULATING THE IDAHO teries would do what they needed to do. Many fire service for generations in our country. NATIONAL LABORATORY of these people sacrificed significant time away from families to ensure every aspect of f HON. MICHAEL K. SIMPSON the batteries would work as planned, a service OF IDAHO that this country should be grateful for. But in HONORING TERRANCE WAYNE IN THE HOUSE OF REPRESENTATIVES the end, I’m sure the individuals who put thou- CARVER, III Wednesday, November 30, 2011 sands of hours into this project have consid- ered it a privilege and an honor to be involved. Mr. SIMPSON. Mr. Speaker, when someone Last Saturday, when Curiosity lifted off from HON. SAM GRAVES thinks of Idaho, they usually think of the things its launch pad at the Kennedy Space Center the state is most well known for, like potatoes, to begin its nearly nine month voyage to Mars, OF MISSOURI Boise State football, world-class hunting and it may have seemed odd to see a large group IN THE HOUSE OF REPRESENTATIVES fishing, or any other of the numerous outdoor of people in Idaho celebrating while they attractions popular in the State. One thing watched the event unfold on a big screen. But Wednesday, November 30, 2011 Idaho is not yet well known for is its contribu- for this dedicated team of INL employees, it Mr. GRAVES of Missouri. Mr. Speaker, I tions to deep space exploration, yet that is the was a moment they had been anxiously await- proudly pause to recognize Terrance Wayne reason I come to the floor today. ing for years. They can be proud of the fact Carver, III. Terrance is a very special young I rise today to pay tribute to the dedicated that whatever new discoveries are made as a men and women of the Idaho National Labora- result of this new state-of-the-art rover would man who has exemplified the finest qualities tory, INL, who have made significant contribu- not be possible without their contributions. And of citizenship and leadership by taking an ac- tions to NASA’s Mars Science Laboratory mis- for that, I extend heart-felt congratulations. tive part in the Boy Scouts of America, Troop 495, and earning the most prestigious award sion. This mission has sent a large mobile lab- f oratory—a planetary rover named Curiosity— of Eagle Scout. into space, and is now headed to the surface IN HONOR OF MR. HAL BRUNO Terrance has been very active with his of Mars. One of the greatest challenges for troop, participating in many scout activities. deep space exploration has always been pro- HON. ROBERT E. ANDREWS Over the many years Terrance has been in- viding a reliable source of electricity to power OF NEW JERSEY volved with scouting, he has not only earned scientific instruments and provide heat to keep IN THE HOUSE OF REPRESENTATIVES numerous merit badges, but also the respect them from freezing in the harsh conditions of of his family, peers, and community. Most no- space. NASA used solar power for its earlier Wednesday, November 30, 2011 tably, Terrance has contributed to his commu- voyages to Mars, but because of its limita- Mr. ANDREWS. Mr. Speaker, I rise today to nity through his Eagle Scout project. tions, NASA decided to utilize nuclear pow- honor and remember Mr. Hal Bruno and his ered batteries to provide the needed heat and longtime dedication to political journalism and Mr. Speaker, I proudly ask you to join me in power for the mission. The best place to as- fire fighters across the nation. As a former Po- commending Terrance Wayne Carver, III, for semble and test these batteries was Idaho. litical Director and analyst for ABC News, Mr. his accomplishments with the Boy Scouts of Why Idaho? Well, Idaho has a long history Bruno’s legacy is one that deserves to be rec- America and for his efforts put forth in achiev- of leadership and innovation in the nuclear ognized to the fullest degree. ing the highest distinction of Eagle Scout.

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 18493 HONORING THE SERVICE OF GLEN- ities included: publicizing the programs and MINDS WIDE OPEN: Virginia Celebrates DALE HEIGHTS VILLAGE ADMIN- services of the Commission; providing assist- Women in the Arts, the Commonwealth’s larg- ISTRATOR DONNA BECERRA ance to arts organizations in applying for est collaboration in history in the arts and cul- funds; evaluating activities funding by the tural community, were exemplary. Her indus- HON. PETER J. ROSKAM Commission; coordinating the statewide Art- trious oversight and coordination of the dis- OF ILLINOIS ists-in-Schools program; and consulting with tribution of the American Recovery and Rein- IN THE HOUSE OF REPRESENTATIVES non-profit arts organizations on a wide range vestment Act funds for the arts in Virginia was of management problems. well-executed and effective. Throughout her Wednesday, November 30, 2011 In 1980, after only four years at the organi- career at the VCA, Ms. Baggett has continued Mr. ROSKAM. Mr. Speaker, I rise today to zation, Ms. Baggett was appointed as the Ex- to promote the growth of the arts and cultural honor a dedicated public servant from my ecutive Director by Governor John Dalton. Her districts in localities across the state through Congressional District, Donna Becerra of the capacity to handle complex and long-term conferences and training. Village of Glendale Heights. After an extraor- projects has been exceptionally impressive. Mr. Speaker, I am honored to ask my col- dinary career of 34 years of service, Donna is Ms. Baggett’s accountability oversaw the in- leagues to join me in congratulating Ms. stepping down from her position as Village Ad- vestment of state and federal resources in the Peggy J. Baggett upon her retirement from the ministrator. arts and built a multi-tiered review system that Virginia Commission for the Arts as their Ex- Over the years, Donna has proven herself is regarded as effective, fair, and consistent by ecutive Director. She has brought joy to count- as a vital asset to the Village of Glendale leaders in the arts across the state. She has less individuals through her support and devel- Heights. Since her first position as a secretary effectively worked with key legislators on both opment of the arts in Virginia. I sincerely thank in the Community Development Department, sides of the aisle on issues of importance to her for her service, and wish her the very best she has tirelessly served from within the De- arts and culture while working in the adminis- in all of her future endeavors. partment in a number of leadership positions. trations of three Republican Governors and Her steadfast commitment, diverse experi- five Democratic Governors. Ms. Baggett is na- f ence, and vibrant interest in the history and tionally hailed as an expert on state resources, welfare of the Glendale Heights community keeping the administrative costs of the agency RECOGNIZING RITA GELDERT ON have caused her to excel in every capacity. low while focusing on providing the best pos- THE OCCASION OF HER RETIRE- In addition to Village Administrator, Donna sible service to the people of Virginia. MENT FROM THE CITY OF VISTA has also served as Records Supervisor, As- Peggy Baggett’s long list of accomplish- sistant Building Commissioner, Staff Planner, ments includes numerous recognitions and HON. DARRELL E. ISSA awards. On January 8, 2011, she was award- and Director of Community Development. She OF CALIFORNIA has pursued significant additional training and ed the Leadership in the Arts Award by the IN THE HOUSE OF REPRESENTATIVES education, and is an active member in a num- Virginia Center for the Creative Arts (VCCA) ber of Village committees. ‘‘for her dedication and inspiring leadership in Wednesday, November 30, 2011 In 2005, as a member of the Glendale the arts of Virginia for over three decades and eight governors.’’ Additionally, she garnered Mr. ISSA. Mr. Speaker, I rise today to rec- Heights Historic Committee, Donna was rec- ognize the honorable public service of Rita ognized with the Studs Terkel Humanities the Anne Brownson Award for Service to the Museum Profession from the Virginia Associa- Geldert as she retires from City Manager of Service Award for her extensive research and the City of Vista, California. documentation for a History of the Village of tion of Museums in 2002, Award of Distinction Mrs. Geldert was appointed as Vista’s City Glendale Heights brochure. from the Folk Art Society of Virginia in 2001, Manager in 1997, after serving three years as Donna leaves a powerful legacy in her pas- the Gary Young Award for Leadership in the Assistant City Manager. Under her tenure, sionate and conscientious approach to serving State Arts Agency field from the National As- Mrs. Geldert has helped spur economic ex- the community of Glendale Heights and her sembly of State Arts Agencies in 1999 and, in pansion within the City and has helped to pro- robust preservation of its history. She is truly 1992, was named an Outstanding Woman of mote businesses and job growth within the a public servant and a model citizen. Virginia by the James Madison University community. Her tireless work to improve and Mr. Speaker and Distinguished Colleagues, Woman Faculty. strengthen infrastructure has not gone unno- please join me in recognizing this special oc- Along with her work at the Virginia Commis- ticed. Mrs. Geldert has overseen countless casion as we celebrate Donna Becerra’s faith- sion for the Arts, Peggy’s clear dedication to projects that have had a great impact on the ful service to the Village of Glendale Heights the arts extends far beyond her regular work- City and the surrounding area, ranging from and wish her the best in her future endeavors. ing hours. From 1981 to 2009, she was on the the development of Vista Village to the new f Board of Directors of the Mid Atlantic Arts Foundation, which provides arts programs Civic Center. HONORING PEGGY BAGGETT ON from Virginia to New York. During that time, Over the past 36 years, Mrs. Geldert has HER RETIREMENT AS EXECU- she sat on the Board of Directors for the Rich- worked tirelessly in the field of public service. TIVE DIRECTOR OF THE VIR- mond-First Club, serving as their President She has been active in the city management GINIA COMMISSION FOR THE from 1995 to 1996, and was also on the Board profession, serving on the Board of Trustees ARTS of the National Assembly of State Arts Agen- of the California City Management Foundation cies from 1989 to 1995. From 1983 to 1985, Board of Trustees while also being a member HON. JAMES P. MORAN she served on the Board for the Virginia Wom- of multiple organizations relating to her posi- tion. Prior to her time spent as City Manager OF VIRGINIA en’s Cultural History Project. She has been and Assistant City Manager of Vista, she was IN THE HOUSE OF REPRESENTATIVES also been a member of the Board and Chair of the Advisory Board for the Center for Arts the Director of Finance and Administration for Wednesday, November 30, 2011 Administration at the University of Wisconsin the City of Dana Point, Management Services Mr. MORAN. Mr. Speaker, I rise today to several times. Officer for the City of Merced, and Personal honor Peggy J. Baggett, who will retire as the Ms. Baggett has continually and generously Officer for the City of Vacaville. These posi- Executive Director of the Virginia Commission lent her skill and expertise to others by volun- tions exemplify Mrs. Geldert’s dedication to for the Arts (VCA) on November 30, 2011. teering as an Advisory Panelist for numerous not only the community she currently serves, During her more than 30 years of service with National Endowment for the Arts (NEA) pro- but to the State of California and its citizens. the Commission for the Arts, Ms. Baggett di- grams during her career. Additionally, she has It is an honor to recognize Mrs. Geldert on rected the organization in an honest and inno- worked as an Advisory Panelist and expert for the occasion of her retirement from over three vative fashion, ensuring that all needs were other arts institutions across the country. Her decades of contributions to California commu- met with the utmost attention. recent accomplishments are a reflection of her nities. After receiving her Master’s degree in Arts work at the VCA. Ms. Baggett’s planning, Mr. Speaker, I ask you to please join me in Administration, Ms. Baggett joined the Virginia oversight, and coordination surrounding the recognizing Mrs. Rita Geldert’s dedicated Commission for the Arts in 1976 as their Re- 2008 Governor’s Awards for the Arts, the first service to the City of Vista and the state of gional Coordinator. Her long list of responsibil- Virginia Heritage Awards in 2009, and for California.

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18494 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 November 30, 2011 HONORING ASHER B. DURAND, ments of Asher Durand, George Inness, and teen solo albums and eight operas, selling GEORGE INNESS, AND THE HUD- the Hudson River School of Painters. over 70 million copies across the globe. He SON RIVER SCHOOL OF PAINT- f has sung for presidents, popes, queens and ERS millions of fans. OUR UNCONSCIONABLE NATIONAL Throughout his career, Mr. Bocelli has HON. DONALD M. PAYNE DEBT served as a cultural ambassador for the Italian OF NEW JERSEY people. He continues to represent and pro- IN THE HOUSE OF REPRESENTATIVES HON. MIKE COFFMAN mote the talents of Italy. Among his many ac- OF COLORADO colades, he was honored with the status of Wednesday, November 30, 2011 IN THE HOUSE OF REPRESENTATIVES ‘‘Grand Officer of the Order of Merit of the Mr. PAYNE. Mr. Speaker, I rise today to Italian Republic’’ from past President Carlo Wednesday, November 30, 2011 commend the decision by the Architect of the Azeglio Ciampi. Here in the United States his Capitol to publicly display two important paint- Mr. COFFMAN of Colorado. Mr. Speaker, honors include a star on Hollywood’s Walk of ings in the Capitol Visitors Center. ‘‘The Dis- on January 26, 1995, when the last attempt at Fame. covery of the Hudson River’’ and ‘‘Entrance a balanced budget amendment passed the Mr. Speaker, I encourage my colleagues to into Monterey,’’ both by Albert Bierstadt, will House by a bipartisan vote of 300–132, the join me in appreciation of Mr. Andrea Bocelli, welcome so many to the Capitol complex as national debt was $4,801,405,175,294.28. and thank him for his contribution to music, they learn about the history and processes of Today, it is $15,054,163,621,371.29. We’ve the arts, and popular culture. our country. These works are part of the Hud- added $10,252,758,446,077.01 to our debt in f son River School of Painters, and celebrate 16 years. This is $10 trillion in debt our nation, the beauty and diversity of the United States. our economy, and our children could have PERSONAL EXPLANATION Coincidentally, two painters in the School avoided with a balanced budget amendment. have ties to my district in New Jersey. Asher f HON. ROBERT T. SCHILLING Brown Durand was born, and later died, on a OF ILLINOIS PERSONAL EXPLANATION farm in my district. Although he began his ca- IN THE HOUSE OF REPRESENTATIVES reer in engraving, Durand’s legacy is in land- Wednesday, November 30, 2011 scape painting, as one of the first artists of the HON. JEFF MILLER Hudson River School of Painters. Durand’s in- OF FLORIDA Mr. SCHILLING. Mr. Speaker, on Tuesday, fluence can be seen in another painter in the IN THE HOUSE OF REPRESENTATIVES November 29, 2011, due to inclement weather School, George Inness. Inness lived in New- in Chicago, Illinois that prevented my travel, I Wednesday, November 30, 2011 ark, a town I call home. Inness’ distinct style was unable to cast my votes for rollcall Nos. combines the Hudson River School traditions Mr. MILLER of Florida. Mr. Speaker, yester- 860, 861, and 862. I was originally booked on with techniques he learned during travels in day I attended the funeral of a fallen soldier United Flight 5327 from Moline at 9:24 a.m. Western Europe. from my district and missed the following roll- (CST), connecting to United Flight 610 leaving Inness and Durand, like many of their fellow call Votes: Nos. 860, 861, and 862 on Novem- O’Hare at 11:04 a.m. (CST) and arriving in painters, traveled extensively abroad. Upon ber 29, 2011. DCA at 1:53 p.m. (EST). However, I could not Durand’s return to the United States, he took If present, I would have voted: make these flights due to my original flight regular trips to paint the scenery of the Hud- Rollcall Vote No. 860—H.R. 3012, Fairness from Moline not getting into ORD until 2:43 son River, the Adirondacks, and the White for High-Skilled Immigrants Act, ‘‘nay;’’ p.m., and subsequently having 3 connecting Mountains. Rollcall Vote No. 861—H.R. 2192, National flights being cancelled, forcing me to get on Durand’s style was highly detailed, a hall- Guard and Reservist Debt Relief Extension the 6:30 p.m. (CST) United 509, arriving in mark of the School. One of Durand’s most fa- Act, ‘‘aye;’’ and DCA at 10:20 p.m. (EST). mous pieces, ‘‘Kindred Spirits,’’ is often cited Rollcall Vote No. 862—H.R. 1801, Risk- Had I been present, my votes would have as one of the epitome of the School’s values. Based Security Screening for Members of the been as follows: This work cemented Durand’s place at the Armed Forces Act, ‘‘aye.’’ For rollcall No. 860, to amend the Immigra- forefront of the movement caused by the f tion and Nationality Act to eliminate the per- School. country numerical limitation for employment- Durand, as part of the first generation in the A TRIBUTE TO MR. ANDREA based immigrants, to increase the per-country Hudson River School, is important because of BOCELLI numerical limitation for family-sponsored immi- his influence on later painters in the school, grants, and for other purposes, I would have and on art in general. Durand helped form HON. ROBERT A. BRADY voted ‘‘yea.’’ This legislation would not in- what is today known as the National Academy OF PENNSYLVANIA crease the total yearly admission numbers, but Museum and School, and served as president IN THE HOUSE OF REPRESENTATIVES it would increase the United States’ competi- of the Academy for several years. tiveness and contribute to growing our econ- Wednesday, November 30, 2011 As the School’s reputation increased, many omy. of the School’s painters traveled extensively to Mr. BRADY of Pennsylvania. Mr. Speaker, I For rollcall No. 861, to exempt for an addi- study, thus introducing these men to the cul- rise today to join many around the world in tional 4-year period, from the application of the ture of the grand capitals of Europe. This moti- celebrating the accomplishments, talents, and means-test presumption of abuse under chap- vated many of the artists and other business music of Andrea Bocelli. Our Nation’s Capital ter 7, qualifying members of reserve compo- leaders to found the Metropolitan Museum of will play host to the Italian tenor on Friday, nents of the Armed Forces and members of Art in New York City in 1870. Some of these December 2nd when he takes the stage at the the National Guard who, after September 11, Hudson River School painters later served as Verizon Center. 2001, are called to active duty or to perform trustees of the Metropolitan Museum of Art Born on September 22, 1958 in Pisa, a homeland defense activity for not less than and were members of the executive com- Toscana, Italy, it wasn’t until Mr. Bocelli was 90 days, I would have voted ‘‘yea.’’ The brave mittee. 34 when he was discovered for his incredible men and women of our reserve components On this very floor many years ago, Con- talents. In short time, with the support of leg- and National Guard, and their families, make gress was moved to create several national end Luciano Pavarotti, Mr. Bocelli won many incredible sacrifices so that we can be free. parks, like Yellowstone and Yosemite, after competitions, festivals, and a record deal. His Many are called to duty unexpectedly which viewing the School’s magnificent landscape many talents include musician, songwriter, can hinder financial planning and place a bur- paintings. Eventually, these same paintings record producer, and multi-instrumentalist den on their families. This exemption should were used to encourage Congress to form the playing keyboards, flute, saxophone, trumpet, be extended to allow our citizen-warriors time National Park Service in 1916. trombone, harp, harmonica, guitar, drums, and to readjust when they return home. Mr. Speaker, I am sure my colleagues, and melodic. For rollcall No. 862, which directs the As- the American people, can agree with me when The best selling solo artist in the history of sistant Secretary of Homeland Security I acknowledge and appreciate the achieve- classical music, Mr. Bocelli has recorded thir- (Transportation Security Administration [TSA])

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 18495 to develop and implement a plan for expedited net, and helped bring attention to these impor- who are interested in educational and devel- security screening services for uniformed tant issues to Americans across the country. opmental experiences such as these. Armed Forces members, and their families, Hal’s passion and tenaciousness made him Mr. Speaker, I ask my colleagues to join me traveling on official orders while in uniform a highly effective advocate for firefighters and in recognizing this remarkable achievement by through an airport, I would have voted ‘‘yea.’’ fire safety. A charter member of the National Harleen Jassal and wishing her continued suc- Again, we owe the brave men and women of Fallen Firefighter’s Foundation, he served as cess in her further pursuits. our armed forces a tremendous debt of grati- the organization’s Chairman from 1999 until f his retirement in 2008. In this position, he tude. Finding a faster way for them to com- CONSOLIDATED AND FURTHER plete the security screening process while they helped to develop fire safety programs and to create a safer environment for firefighters. He CONTINUING APPROPRIATIONS are in uniform and traveling on official orders ACT 2012, H.R. 2112 is common sense. was also the Director of the Chevy Chase Fire It is an honor to serve the people of the Department in Maryland. It was truly an honor 17th Congressional District of Illinois. for me to work closely with Hal as we sought HON. BETTY McCOLLUM OF MINNESOTA f ways that the federal government could assist our local fire departments even before the IN THE HOUSE OF REPRESENTATIVES ON THE BIRTH OF ANGELO tragic events of September 11th, 2001. To- Wednesday, November 30, 2011 ZOLTAN SCHWARTZ gether, we developed the Assistance To Fire- Ms. MCCOLLUM. Mr. Speaker, I rise today fighters Grant (AFG) and Staffing for Adequate in support of the Consolidated and Further HON. JOE WILSON Fire and Emergency Response (SAFER) grant Continuing Appropriations Act 2012 (H.R. OF SOUTH CAROLINA programs to help these local departments buy 2112). This legislation combines three fiscal IN THE HOUSE OF REPRESENTATIVES the equipment and hire the personnel they year 2012 appropriations measures: Agri- needed to keep their communities safe and Wednesday, November 30, 2011 culture; Commerce-Justice-Science; and secure. Thanks in large part to Hal’s insightful Transportation, Housing and Urban Develop- Mr. WILSON of South Carolina. Mr. Speak- input and tireless advocacy, these programs ment. H.R. 2112 also includes a short-term er, I am happy to congratulate Lawrence have been wildly successful, and are crucial to continuing resolution that will fund the remain- Schwartz and his wife Allison on the birth of ensuring that our communities have the re- der of the federal government through Decem- their new baby boy, Angelo Zoltan Schwartz, sources they need. ber 16. who was born on Monday, November 28, Homeland security starts at home, so no H.R. 2112 represents the final House-Sen- 2011, in Falls Church, Virginia. matter what our budget environment is like, ate conference agreement on three of this I am so excited for this new blessing to the we must continue to support firefighters and year’s twelve appropriations bills. While I Schwartz family and wish them all the best. I other first responders, who sacrifice so much strongly oppose many of the cuts to critical want to also congratulate Angelo’s grand- to keep us safe. This will undoubtedly be one priorities included in H.R. 2112, the final pack- parents Debra and Barry Shulman of Fayette- of Hal’s great legacies, and I will continue to age is—on the whole—far better than the pro- ville, New York, and Joanne and Lawrence fight to preserve it in the future. posals from Tea Party Republicans in the Schwartz, III of Anaheim Hills, California, on With Hal Bruno’s passing, our nation has House. this wonderful new addition to their family. lost a great hero. Mr. Bruno is survived by his Fiscal year 2012 appropriations for the Agri- f wife Meg, his sister Barbara, his sons Harold culture, Rural Development and Food and and Dan, and his four grandchildren. The job Drug Administration are significantly improved TRIBUTE TO HAROLD ‘‘HAL’’ of a United States Congressman involves from the House-passed bill. The Women, In- BRUNO, JR. much that is rewarding, yet nothing compares fants and Children program receives $6.6 bil- to working with passionate individuals like Hal lion, an increase of $570 million over the HON. BILL PASCRELL, JR. Bruno. Mr. Speaker, I ask that you join our House bill and $36 million above the Senate. OF NEW JERSEY colleagues, Hal’s family and friends, our first As a result, 700,000 low-income children and IN THE HOUSE OF REPRESENTATIVES responders, and me in commemorating and pregnant women in America will not lose the celebrating the life of Mr. Hal Bruno. basic nutrition they desperately need and de- Wednesday, November 30, 2011 f serve. The conference agreement provides $1 Mr. PASCRELL. Mr. Speaker, I rise to com- RECOGNIZING HARLEEN JASSAL billion for food safety inspections, which will memorate the life of a truly outstanding indi- OF CLIFTON, VA protect America’s food supply by preventing vidual, Mr. Harold ‘‘Hal’’ Bruno, Jr., who the elimination of USDA meat inspectors. passed away on November 8th, 2011 at the Food safety in our country is further strength- age of 83. A native of Chicago, Hal Bruno HON. GERALD E. CONNOLLY ened by the $2.5 billion included for the Food began his long career there as a reporter dur- OF VIRGINIA and Drug Administration. This $334 million in- IN THE HOUSE OF REPRESENTATIVES ing the 1950s. From 1960 to 1978, Mr. Bruno crease over the House level will allow the FDA worked for Newsweek magazine, and in 1978, Wednesday, November 30, 2011 to continue implementation of the Food Safety he moved to ABC news where he remained Mr. CONNOLLY of Virginia. Mr. Speaker, I Modernization Act. Funding was also restored until 1999. As Political Director and Director of rise to honor Harleen Jassal, a 2011 Critical for international food aid programs that fulfill Election Coverage at ABC News, Hal Bruno Language Scholarship Program Recipient. America’s moral obligation to assist millions of was widely known for his political savvy and Harleen has been identified by her educators men, women and children around the world his journalistic integrity. His career as a jour- for her academic excellence, leadership poten- who are struggling with famine. nalist spanned five decades and earned him tial and exemplary citizenship to participate in However, I am deeply disappointed that a many accolades. He was dedicated to politics the Critical Language Scholarship Program in handful of special interest groups succeeded and a pioneer in political journalism, so it is fit- Chandigarh, India. in blocking important improvements to school ting that he passed away on an election night. This Critical Language Scholarship Program nutrition standards that were recommended by However, Hal Bruno had another passion in allows students to participate in daily edu- the USDA. As a result, it will be harder for addition to journalism: to the brave men and cational activities in Chandigarh, India, as well school districts to increase the use of whole women of our country’s fire service. He was as the surrounding areas. The program allows grains, reduce the sodium content of school called to serve his neighbors as a volunteer participants to make friends with young lead- lunches and end the ridiculous practice of cat- firefighter for much of his career, and through ers from all over the world with an intensive egorizing pizza as a vegetable. Every student that work as a firefighter, Mr. Bruno gained a focus on the Punjabi language, one of the thir- in every American school knows pizza is not keen interest in fire safety policies. He be- teen critical need foreign languages deter- a vegetable. With this bill, Congress is failing came a leading expert in the politics and pol- mined by the Department of State, for summer our students and parents by allowing cor- icy of fire safety and for years contributed a 2012. At the end of the program, participants porate interests to trump common sense. With column on the subject to Firehouse magazine. receive a certificate of completion. this bill, weare missing an opportunity to sub- He also composed numerous articles on the Harleen is a student at the George Mason stantially improve the health of America’s chil- subject in other publications and on the inter- University. It is inspiring to see young people dren. This is a wrong that must be made right.

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18496 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 November 30, 2011 My Republican colleagues also won a vic- Depot. However, the conference agreement Dr. Martin Luther King, Jr. once said, ‘‘Yes tory for Wall Street criminals by demanding did include $1.4 billion for Amtrak capital and if you want to say that I was a drum major, cuts to the entity responsible for enforcing fi- operating grants and removed onerous House say that I was a drum major for justice; say nancial laws. H.R. 2112 includes $100 million language that would have eliminated Amtrak that I was a drum major for righteousness. less for the Commodity Futures Trading Com- service on 26 short-distance routes, affecting And all of the other shallow things will not mission (CFTC) than requested by President 15 states and more than 9 million passengers. matter. I won’t have the fine and luxurious Obama to carry out the financial reforms Regarding federal housing programs, House things of life to leave behind. But I just want passed by Congress. Reckless behavior in Republicans proposed devastating cuts that to leave a committed life behind.’’ Mr. Speak- America’s financial sector has destroyed mil- would have done serious harm to low-income er, I would like to recognize Michelle Moore lions of jobs and trillions of dollars in edu- families in Minnesota. Fortunately, this con- for her determination and hard work to these cation and retirement savings. It is uncon- ference agreement rejected the most dam- causes. Our country is a better one because scionable that House Republicans would un- aging Republican cuts. Section 8 tenant-based of Michelle Moore. dermine the ability of federal regulators to pro- vouchers receive $18.9 billion, above the origi- tect American families from a repeat of the nal level included in either the House or Sen- f 2008 crisis that nearly triggered a second ate bills. H.R. 2112 also maintains funding for PROCLAIMING THE STATE OF NE- Great Depression. Unfortunately, Congres- homeless veterans, the McKinney-Vento VADA RECOGNIZE HELEN J. sional Republicans refused to yield. The result homeless assistance grant program and hous- STEWART AS THE ‘‘FIRST LADY is a bill that leaves our country exposed to a ing counseling services. Still, the legislation OF LAS VEGAS’’, AND HONOR repeat of this crisis. fails to meet the growing needs for safe, af- HER STATUE WHICH WILL BE Fiscal year 2012 Appropriations for Com- fordable shelter in our communities. For exam- RAISED AT THE OLD LAS VEGAS merce-Science-Justice will enhance U.S. glob- ple, cuts to the Community Development MORMON FORT STATE HISTORIC al competitiveness by making critical invest- Block Grant program will undermine the efforts PARK ON DECEMBER 3, 2011 IN ments in science and technology. Overall, of Minnesota cities to respond to the effects of LAS VEGAS, NEVADA H.R. 2112 includes $490 million more for high unemployment and the collapse in the these priorities than the bill proposed by the real estate market. House Republicans. As a result, the National H.R. 2112 is the result of extended negotia- HON. MARK E. AMODEI Science Foundation, National Institute of tions and represents a genuine compromise OF NEVADA Standards and Technology, and the Oceanic between competing priorities. I believe that IN THE HOUSE OF REPRESENTATIVES and Atmospheric Administration receive fund- many of the provisions in this legislation Wednesday, November 30, 2011 ing to conduct research that spurs innovation should be revisited and many of funding levels and drives future economic growth. In addi- should be restored in the next appropriations Mr. AMODEI. Mr. Speaker, I rise today to tion, the legislation provides $128 million for cycle. Still, I plan to support this legislation recognize Helen J. Stewart as ‘‘First Lady of the Manufacturing Extension and Partnership today with my vote to ensure the critical re- Las Vegas’’, and honor her statue which will Program, which helps American companies sources in H.R. 2112 reach Minnesota com- be raised at the Old Las Vegas Mormon Fort maintain good paying American jobs and com- munities without further delay. State Historic Park on December 3, 2011 in Las Vegas, Nevada. pete with manufacturers in China, India, and f other leading economies. And H.R. 2112 re- Helen, with her husband Archibald, three verses the House Republican’s massive cuts HONORING MICHELLE MOORE children and one on the way, arrived in the to firefighters, state and local law enforcement Las Vegas Valley in 1882 and resided on the agencies, and the Federal Bureau of Inves- HON. EDDIE BERNICE JOHNSON land located around the abandoned Mormon tigation. For example, the Commerce-Justice- OF TEXAS Fort situated near what today is the intersec- Science bill passed by House Republicans IN THE HOUSE OF REPRESENTATIVES tion of Las Vegas Boulevard North and Wash- eliminated funding for the Community Oriented ington Avenue. Later left with four children and Policing Services (COPS) program that helps Wednesday, November 30, 2011 another on the way after the death of her hus- Minnesota keep police officers on our streets. Ms. EDDIE BERNICE JOHNSON of Texas. band in 1884, she became a rancher and This bill provides $198.5 million for COPS. Mr. Speaker, I rise today to recognize Dallas business woman and presided over the oper- Fiscal year 2012 appropriations for Trans- County public defender Michelle Moore, who ations of the ranch. She began buying land portation, Housing and Urban Development has worked on and off the clock to free the in- and became the largest landowner in Lincoln fall short of what is needed to strengthen nocent from prison and helped them to adjust County. She later sold her land to the railroad America’s economy and stabilize our commu- to life on the outside once they’re released. I in 1902 and hence forth the city of Las Vegas nities. Yet, the conference agreement does wish to congratulate Ms. Moore for her service developed. succeed in maintaining current levels of in- to my community as she is leaving her posi- As the new town expanded, Helen became vestment in most areas. For example, H.R. tion to open the first public defender’s office in active in the community serving in many lead- 2112 includes $39.8 billion for the federal-aid Burnet County. ership roles such as one of the founders of highway program, $12.1 billion more than the Ms. Moore has helped free 11 men from Christ Episcopal Church, charter member of House draft bill and a level consistent with the prison, appeared on a television documentary the Mesquite Club, president of the Las Vegas annual funding assumed in the surface trans- called Dallas DNA and helped change state branch of the Nevada Historical Society, sup- portation extension act. The agreement also laws to compensate exonerees and prevent porter of women’s suffrage, first woman elect- includes $10.5 billion for transit programs, wrongful convictions. As an attorney, she re- ed to the school board on the Republican tick- $2.5 billion more than the House draft bill. quests DNA testing and has worked with the et, and as a friend to the Paiute Indians who This translates into $93.1 million for construc- district attorney’s office to investigate cases. worked on her ranch, sold ten acres of land to tion of the Central Corridor Light Rail line. She has also represented inmates whose guilt the federal government to be used as an In- While replacing the massive cuts to transit was confirmed by DNA testing. dian school and semi-reservation which re- proposed by House Republicans is an Moore works with the Innocence Project of mains tribal land today. achievement, the final agreement falls $5 mil- Texas, the Wesleyan Innocence Project and On July 26, 2010 the Historical Commission lion short of the federal commitment to the the University of Texas at Arlington Innocence of the Las Vegas Centennial awarded the Central Corridor project. This shortfall is a Network and the Center for Actual Innocence. ‘‘Friends of the Fort’’ $99,000 for the Helen J. major concern and something that must be Michelle Moore has practiced law for 17 years Stewart statue to be sculpted by Benjamin addressed in the upcoming fiscal year 2013 and is licensed to practice in Texas and Ar- Victor of Aberdeen, South Dakota. process. Another concern is the complete kansas. She has served as an assistant Dal- Both the State of Nevada and I recognize elimination of funding for highspeed rail. Ideo- las County public defender for the past 13 the statue of Helen J. Stewart to be a fitting logical opposition to rail investments from years, where she currently works as the DNA recognition of the many ‘‘firsts’’ that this ex- House Republicans will slow work on the attorney for the office. Moore taught for six ceptional Nevadan lady forever known as the planned Chicago-to-Twin Cities high-speed-rail years in the Criminal Clinic at Southern Meth- ‘‘First Lady of Las Vegas’’ accomplished in her route that will depart from St. Paul’s Union odist University Dedman School of Law. lifetime.

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 18497 URGING FDA TO ACT PROMPTLY near future. This is literally a matter of life and timely consideration of this matter and re- TO APPROVE ARTIFICIAL PAN- death. spectfully request a prompt response. CREAS TECHNOLOGIES I also would like to insert a copy of my letter Sincerely, DAN BURTON, to FDA Commissioner Hamburg in this subject Member of Congress. in the CONGRESSIONAL RECORD. HON. DAN BURTON f OF INDIANA HOUSE OF REPRESENTATIVES, IN THE HOUSE OF REPRESENTATIVES Washington, DC, November 29, 2011. RECOGNIZING LEA GOLD OF Hon. MARGARET HAMBURG, M.D., BURKE, VA Wednesday, November 30, 2011 Commissioner, U.S. Food and Drug Administra- Mr. BURTON of Indiana. Mr. Speaker, dia- tion, Silver Springs, MD. HON. GERALD E. CONNOLLY betes is a common, and growing, disease in DEAR COMMISSIONER HAMBURG: I am writ- ing to urge the Food and Drug Administra- OF VIRGINIA Indiana. According to 2009 CDC data, ap- tion (FDA) to expedite the development of IN THE HOUSE OF REPRESENTATIVES proximately 451,000 Hoosiers—9% of the the artificial pancreas for the treatment of Wednesday, November 30, 2011 state’s population—had diagnosed diabetes. type 1 diabetes. Specifically, I urge FDA to Adults who are overweight and not physically immediately issue clear and unambiguous Mr. CONNOLLY of Virginia. Mr. Speaker, I active are at risk for developing diabetes. guidance so that outpatient artificial pan- rise to honor Lea Gold, a 2011 Critical Lan- Among adults with diabetes in Indiana, 88.1% creas studies can proceed as soon as possible. guage Scholarship Program Recipient. Lea are overweight and 42.5% reported physical Nearly 26 million Americans have diabetes, has been identified by her educators for her inactivity. and one in three American children born academic excellence, leadership potential and In addition to the human toll diabetes places today will develop the disease. Diabetes is exemplary citizenship to participate in the Crit- the leading cause of kidney failure and ical Language Scholarship Program Jeonju, on people in Indiana, the financial burden dia- adult-onset blindness. Moreover, diabetes in- betes places on the health system in Indiana South Korea. creases the risk of heart attack deaths by This Critical Language Scholarship Program is staggering—in 2007, the direct and indirect two to four times, and causes more than allows students to participate in daily edu- cost of diabetes in Indiana was approximately 80,000 amputations each year. People with di- cational activities in Jeonju, South Korea, as $3.09 billion. abetes are also at risk for seizures, comas well as the surrounding areas. The program Americans with diabetes, particularly young and sudden death. Americans with diabetes, allows participants to make friends with young children with diabetes, desperately need better particularly young children with diabetes, leaders from all over the world with an inten- tools to manage their disease and thereby desperately need better tools to manage their disease and thereby prevent many of sive focus in the Korean language, one of the prevent many of its life-threatening and costly its life-threatening and costly complica- thirteen critical need foreign languages deter- complications. Some of these breakthrough tions. mined by the Department of State, for summer tools and technologies are already available. Some of these breakthrough tools and 2012. At the end of the program, participants For example, Low-Glucose Suspend sys- technologies are already available in other receive a certificate of completion. tems—devices that automatically suspend in- parts of the world. Low-Glucose Suspend sys- Lea is a student at the University of North sulin delivery when blood sugar levels are tems—devices that automatically suspend Carolina—Chapel Hill. It is inspiring to see dangerously low—have been approved in insulin delivery when blood sugar levels are young people who are interested in edu- dangerously low—have been approved in more than 40 countries around the world. But cational and developmental experiences such not here in the United States. more than 40 countries around the world but not here in the United States. In fact, the as these. In fact, the FDA only this year—almost four FDA only this year—almost four years after Mr. Speaker, I ask my colleagues to join me years after these devices were approved for these devices were approved for use in Eu- in recognizing this remarkable achievement by use in Europe, issued draft guidance on what rope, issued draft guidance on what studies Lea Gold and wishing her continued success studies manufacturers would need to conduct manufacturers would need to conduct in in her further pursuits. in order to win approval for Low-Glucose Sus- order to win approval for Low-Glucose Sus- f pend systems in the United States. pend systems in the United States. To make To make matters worse, according to the matters worse, according to the Nation’s TRIBUTE TO THE HONORABLE Nation’s leading clinical organizations special- leading clinical organizations specializing in JOHN H. WATSON, JR. ON HIS diabetes care, the guidance proposed by FDA RETIREMENT izing in diabetes care, the guidance proposed in June 2011 for Low-Glucose Suspend sys- by FDA in June 2011 for Low-Glucose Sus- tems created many unnecessary obstacles to pend systems created many unnecessary ob- the evaluation of those systems. For exam- HON. DONALD M. PAYNE stacles to the evaluation of those systems. ple, I understand that this guidance requires OF NEW JERSEY Thankfully, the FDA recently took an over- multiple clinical trials (inpatient and out- IN THE HOUSE OF REPRESENTATIVES due step to clarify that ill-conceived guidance. patient) involving a large number of subjects Wednesday, November 30, 2011 However, there is significant concern within to show statistically significant differences in preventing hypoglycemia. This is an ex- Mr. PAYNE. Mr. Speaker, I ask my col- the diabetes community that forthcoming guid- leagues here in the House of Representatives ance—which the FDA has committed publicly cessive hurdle when all that is required is data showing safety and effectiveness (in to join me as I rise to pay tribute to Judge to publishing by December 1st—on even more other words equivalent glycemic control) not John H. Watson, Jr. as he retires from his po- revolutionary technology—the artificial pan- that the Low-Glucose Suspend system is sition as Municipal Court Judge for the City of creas—will either be delayed or suffered from BETTER than other techniques. East Orange. It is my distinct pleasure to add many of the same problems which plagued Nighttime is a particularly dangerous time my congratulations to that of his family, friends the FDA’s Low-Glucose Suspend system guid- for individuals with diabetes because their and associates as they celebrate in honor of ance. blood sugar level can drop while they are a man who has been involved in every aspect sleeping, potentially leading to seizures, The development of the artificial pancreas is of law for over 30 years. For all the leadership critically important to many of my constituents, coma or death. I have heard heart wrenching stories from parents forced to wake their di- he has shown and the contributions he has which is why I signed a broad, bipartisan letter abetic children in the middle of the night to made over the years, Judge Watson is a wor- in support of prompt and appropriate guidance check their blood sugar levels and, if nec- thy recipient of the accolades he will receive on the artificial pancreas earlier this year. Any essary, administer insulin. Access to Low- on November 18, 2011. delay will slow an innovation that has the po- Glucose Suspend systems, and ultimately to I consider it a privilege to have been in- tential to dramatically improve the lives of artificial pancreas technology, is desperately volved with Judge Watson’s early foray into those with diabetes. needed to help manage this disease and effec- public service. In addition to serving on the Mr. Speaker, on behalf of the thousands of tiveness, would be unconscionable. bench, Judge Watson has maintained a suc- Hoosiers, and millions of other Americans with We are at a critical point in the develop- cessful private practice where he has used his ment of the artificial pancreas. Timely ap- diabetes, I urge the FDA to issue this draft proval of this technology will help improve legal expertise to guide numerous clients guidance no later than December 1, if not health outcomes for the millions of Ameri- through a variety of legal matters. He has sooner, so that artificial pancreas technologies cans afflicted with type I diabetes; and po- been a mentor to new attorneys and has pro- can be tested in an outpatient setting and be tentially save hundreds billions of dollars vided internship opportunities to youngsters in- made available to those who need it in the annually in health care costs. I urge your terested in pursuing law degrees. Fortunately,

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18498 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 November 30, 2011 for the community at large, Judge Watson has Despite achievements in education and sense of community found among these third, always been a fair and thoughtful individual. other fields, Native American communities still fourth and fifth graders. He is a Vietnam War veteran who obviously suffer from greater health disparities, including For instance, when entering French Road’s has a strong sense of loyalty to his country. high rates of diabetes, tuberculosis, and alco- courtyard you will find students working side A graduate of Rutgers University Law holism. To improve the quality of the health by side in the school’s community garden to School, Judge Watson held a number of posi- care system for tribes, I supported the Indian grow healthy, pesticide-free vegetables for tions before branching out on his own. He is Health Care Improvement Act that was passed each other’s enjoyment and to supplement the a member of several Bar Associations and into law as a part of the Affordable Care Act, cafeteria menu. has been an active participant in the Rutgers- and I will continue to work to protect that law. However, their sense of community extends Newark Law School Alumni Association. A With 23 tribal clinics in Washington state beyond their school yard, classmates and im- doting husband and father, Judge Watson is alone, there is already an existing health care mediate neighbors. Over the past 30 years, also a loving grandfather, a loyal friend and a infrastructure in Native American communities, French Road students have raised $1,265,000 trusted confidant. and as we work to improve the quality of our through the American Heart Association’s Mr. Speaker, I know my fellow members of own health care system we should continue Jump Rope for Heart Event, to benefit children the House of Representatives agree that advocating for better, and self-governed, across the country with cardiac abnormalities. Judge Watson has been an integral part of the health care for tribes. During the 2010 to 2011 school year, these East Orange Court system. His retirement is As we look to improve health care, edu- young philanthropists raised $75,489.29; the culmination of a stellar career and we wish cation, and the economy in Indian Country, I $20,000 more than any other school nation- him well in this new and exciting phase of his will strongly support self-governance as a way wide. They have been the event’s number one life. to achieve these goals. To that end, I have co- fundraiser for the past 12 years. f sponsored H.R. 2444, the Department of the The administrators, teachers, parents and Interior Tribal Self-Governance Act, as well as students of French Road Elementary School RECOGNIZING THE SIGNIFICANCE related legislation to restore the integrity of form a truly remarkable community deserving OF NATIONAL NATIVE AMERICAN government-to-government relationships and of this Blue Ribbon recognition. Its students HERITAGE MONTH promote opportunities for tribal self-determina- move on with the necessary foundation to ac- tion. I believe that we should support tribal complish many great things, as well as the de- HON. JAY INSLEE governments to find ways to best serve their sire to leave their communities better than OF WASHINGTON communities and protect their heritage. they found them. IN THE HOUSE OF REPRESENTATIVES f Mr. Speaker, I could not be more proud to Wednesday, November 30, 2011 CONGRATULATING FRENCH ROAD recognize this school in the United States ELEMENTARY SCHOOL House of Representatives and hope to help Mr. INSLEE. Mr. Speaker, I rise today to others follow in its footsteps. recognize National Native American Heritage f Month and to celebrate the rich heritage of HON. LOUISE McINTOSH SLAUGHTER Native Americans in Washington state, which OF NEW YORK REMEMBERING HAL BRUNO is home to 29 federally recognized tribes. IN THE HOUSE OF REPRESENTATIVES These tribes have emphasized the importance Wednesday, November 30, 2011 HON. PETER T. KING of further empowering tribal governments to Ms. SLAUGHTER. Mr. Speaker, I rise today OF NEW YORK be able to serve their members in a variety of to congratulate French Road Elementary IN THE HOUSE OF REPRESENTATIVES areas, including: housing, social programs, School in Brighton, New York for recently Wednesday, November 30, 2011 courts, natural resource management, edu- earning its designation as a 2011 National cation, and health care. Over the years I have Blue Ribbon School. The United States De- Mr. KING of New York. Mr. Speaker, today worked hard to address these issues by sup- partment of Education grants this prestigious I rise to recognize and honor Hal Bruno, who porting tribal governments and the positive award to schools demonstrating a high level of recently passed on November 8th. Hal Bruno work they do for their communities, and I will academic excellence or where the achieve- will be remembered as a man of service to his continue to do so in my capacity as the Vice- ment gap is shrinking. Secretary Arne Duncan country. Having served as an Army intel- Chair of the Native American Caucus. describes National Blue Ribbon Schools as ligence officer, a volunteer firefighter and the Northwest Coast tribes have a rich history those, ‘‘committed to accelerating student director of the National Fallen Firefighters and continue to share that with their sur- achievement and preparing students for suc- Foundation (NFFF), he put service to others rounding community. Earlier this fall, a carver cess in college and careers.’’ first and foremost. For over 60 years Hal was from the Lummi Indian Reservation traveled As one of only 315 schools across the na- an active member of the fire service commu- across the country with his 20 foot cedar heal- tion to earn this honor, French Road Elemen- nity, whether it was on the ground as a first ing pole bound for the National Library of tary School embodies the standard of excel- responder, in the halls of Congress working to Medicine in Bethesda, Maryland. This summer lence this award celebrates and is an example improve resources for families of fallen fire- I stopped by the Tulalip Tribe’s new Hibulb for others to emulate. fighters, or on the public stage advocating for Museum. The museum—one of ten tribal mu- While nothing should diminish the hard work ways to improve fire safety to reduce line of seums throughout Washington state—teaches and talents of French Road Elementary duty deaths and injuries. visitors about the traditions and history of the School’s individual teachers and students, Su- Appointed as chairman of the NFFF in Tulalip tribe through art that is emblematic of perintendent Dr. Kevin McGowan accurately 1999, he received numerous awards and rec- the region’s tribal history and coastal environ- stated that this honor reflects, ‘‘the support of ognition for his dedication and commitment. ment, such as cedar totem poles and ceremo- an incredible school community.’’ This fall, he was awarded the National Fire & nial masks. Community is a central component of Emergency Services Hall of Legends, Leg- In Washington state, education offered by French Road Elementary School. Its students acies and Leaders Award. In 2008, the Con- the tribes and other related institutions plays are not only encouraged to succeed academi- gressional Fire Services Institute selected him an integral role in maintaining traditions, fight- cally but to be constructive members of their as the recipient of the CFSI / Motorola Mason ing unemployment, and raising awareness communities. In an era where school bullying Lankford Fire Service Leadership Award and about tribal issues. Educational programs in- is far too prevalent, French Road students in 1999 he received the ‘‘President’s Award’’ clude ten tribal primary and secondary start their day by reciting the school’s Purple from the International Association of Fire schools, a number of Northwest Indian Col- Hand Pledge. It reads, ‘‘I will not use my Chiefs. He was also named ‘‘Fire Service Per- leges and other tribal colleges, as well as hands or my words for hurting myself or oth- son of the Year’’ by the Congressional Fire American Indian Studies and native language ers.’’ It is a simple message that should be Services Institute in 1995. programs offered at the Evergreen State Col- emphasized more throughout school commu- Hal also had a prestigious career as the lege, Washington State University, and the nities around the country. longtime ABC News Political Director. Known University of Washington’s Department of Articulating the school’s underlying values, for his journalistic integrity and pioneering spir- American Indian Studies. this pledge has helped to foster the strong it, he represented the reason the news media

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD November 30, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 18499 is sometimes referred to as the ‘fourth branch PERSONAL EXPLANATION HONORING THE HONORABLE of government.’ FRANK C. DAMRELL, JR. As a Co-Chairman of the Congressional Fire Services Caucus, I know Hal Bruno will be HON. MARIO DIAZ-BALART greatly missed by the fire service community HON. DORIS O. MATSUI OF FLORIDA and by the many others he touched. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Wednesday, November 30, 2011 Wednesday, November 30, 2011 EDEN PRAIRIE EAGLES WIN 7TH STATE FOOTBALL CHAMPIONSHIP Mr. DIAZ-BALART. Mr. Speaker, on rollcall Ms. MATSUI. Mr. Speaker, I rise today in No. 860, due to family health issues, I was un- honor of Judge Frank C. Damrell, Jr., as he able to make the vote. Had I been present, I retires from the United States District Court, HON. ERIK PAULSEN would have voted ‘‘yea.’’ OF MINNESOTA Eastern District of California. A federal judge since 1997, Judge Damrell has served on the IN THE HOUSE OF REPRESENTATIVES f bench with distinction and integrity. As his Wednesday, November 30, 2011 family, colleagues, and community leaders all A TRIBUTE TO BERNARD ‘‘C.B.’’ gather to honor his remarkable career, I ask Mr. PAULSEN. Mr. Speaker, in my home- KIMMINS town of Eden Prairie, we take high school my colleagues to join me in tribute to Judge football seriously, which is why I am so hon- Damrell’s service to the federal judiciary and ored to congratulate the Eden Prairie Boys HON. ROBERT A. BRADY his unwavering commitment to increasing civic Football Team on winning their seventh Min- involvement amongst our nation’s youth. nesota State Championship title on Friday OF PENNSYLVANIA A native of California’s Central Valley and evening. IN THE HOUSE OF REPRESENTATIVES graduate of the University of California, Berke- The Eden Prairie Eagles faced their con- ley, and Yale Law School, Judge Damrell en- ference rivals, the Wayzata Trojans, at the Wednesday, November 30, 2011 joyed an exceptional law career in both the Metrodome in Minneapolis. It was a game that private and public sectors prior to his 1997 ap- was dominated not by either side’s offensive Mr. BRADY of Pennsylvania. Mr. Speaker, I pointment to the federal bench by President line, but by both team’s disciplined defense as rise today to honor a true hero, Bernard William Jefferson Clinton. He has been an ac- both sides found it difficult to rack up points ‘‘C.B.’’ Kimmins. For over 44 years, Mr. tive member of the federal judiciary and throughout a majority of the game. Kimmins has been a committed volunteer, served on the 9th Circuit Education Com- Late in the fourth quarter, with Eden Prairie leader, and teacher throughout Philadelphia. mittee, the Federal Judicial Branch Committee up 6–3, the Eagles scored the game’s only He is a man of great courage and a true friend of the United States Judicial Conference, the touchdown. At fourth and fourteen, the Eagles of mine. Judicial Panel on Multidistrict Litigation, and a used a reverse flea flicker to make a 25 yard Born in Atlantic City, New Jersey on Feb- number of other important committees and gain, bringing them within five yards of a ruary 13, 1944, Mr. Kimmins lived most of his commissions. touchdown. With three minutes left in the life in Philadelphia wherein he graduated from Since being appointed to the United States game, running back Andrew Larson fought his Cardinal Dougherty H.S., St. Joseph’s Univer- District Court of the Eastern District of Cali- way into the end zone. sity and Temple University, Graduate School. fornia, Judge Damrell has remained steadfast To all the student athletes on the Eden Prai- Under the leadership of Zachary Clayton, in his advocacy for civic education. In May of rie football team, and to Coach Grant and his Mr. Kimmins began his volunteer commitment 2002, he led a national summit in our nation’s coaching staff, I want to say ‘‘job well done.’’ in 1967 as a gang control worker in Philadel- capital that brought together all major civic phia. Following that he served at the House of education organizations, to restore civic en- f Umojah under Sister Falaka Fattah, mother of gagement in public schools. These organiza- 2011 EMISSARIES OF MEMPHIS U.S. Congressman CHAKA FATTAH. Mr. tions led a nation-wide effort to encourage MUSIC Kimmins has been addressing youth groups public schools to educate students about each with a message of respect for law enforce- of our civic duties, responsibilities, and privi- HON. MARSHA BLACKBURN ment, parents, clergy, teachers, adults, and leges. To help advance this crucial mission, fellow young people. Under the direction of Dr. Judge Damrell founded Operation Protect and OF TENNESSEE Herman Wrice and Dr. Constance Clayton, Defend, a program that has connected high IN THE HOUSE OF REPRESENTATIVES Superintendent of Philadelphia Schools, Mr. school students to the Constitution and helped Wednesday, November 30, 2011 Kimmins taught for over 30 years on the sub- them explore the responsibilities of citizenship. Mrs. BLACKBURN. Mr. Speaker, Ten- jects of antidrugs, antiviolence, antiguns, Beyond encouraging students to learn about nessee is the home to country music and the antibullying, and tolerance. their civic responsibilities, Judge Damrell has been a strong proponent of higher education blues. Music is in the very fiber of our being, Mr. Kimmins became a skilled anticrime ac- and served on the boards of various univer- and we are proud to continually showcase the tivist and community organizer. He also stud- sities. He was a member of the Board of Re- thousands of singers, songwriters, performers, ied under Dr. Russell Ackoff of the University gents of Santa Clara University, Board of producers, and music industry professionals of Pennsylvania’s Wharton School. Currently, Overseers for University of San Francisco, that call Tennessee ‘‘home.’’ I rise today to Mr. Kimmins is a full-time volunteer, and Exec- and the Board of Trustees for University of honor eight such professionals whose talents utive Director, for Mantua Against Drugs. have made Memphis’ musical heritage the California, Merced. Judge Damrell has spoken soundtrack of America. Mr. Kimmins is the proud recipient of nu- in front of a wide variety of organizations to Barbara Blue, Dani, Lil Rounds, Dawn Hop- merous awards including honors from Time promote civic education and given insightful kins, Valerie June, Amy LaVere, Sheri Jones Magazine, the MLK Center, and the University commencement addresses at the Santa Clara Moffett, and JoJo Jefferies were named re- of Pennsylvania. In addition to these acco- University School of Law and McGeorge cently as the 2011 Emissaries of Memphis lades, Mr. Kimmins’ greatest accomplishment School of Law. Music. Honored for their contributions to the has been the many lives he has positively im- Mr. Speaker, as Judge Damrell, his wife culture of music that is uniquely Tennessean pacted. Ludy, their children Frank, Lia, Anne, and and uniquely American, these eight women Mr. Kimmins’ long and impressive career James, their grandchildren, friends, and col- are deserving of praise. I ask my colleagues showcases his commitment and service to his leagues celebrate his retirement, I ask that my to join with me in honoring the Emissaries of community. Mr. Speaker, I ask that you and colleagues join me in thanking and recog- Memphis Music and thank all of those who my other distinguished colleagues join me in nizing him for his many years of service. add their distinct notes to the musical history thanking Bernard Kimmins for his work and Judge Damrell has contributed immensely to of Tennessee. congratulate him on a job well done. the federal bench and our community.

VerDate Sep 11 2014 13:13 Dec 02, 2015 Jkt 099102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR11\E30NO1.000 E30NO1 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 18500 EXTENSIONS OF REMARKS, Vol. 157, Pt. 13 November 30, 2011 RECOGNIZING SIMRUN BAL OF MEETINGS SCHEDULED ing on the threat to military commu- SPRINGFIELD, VA DECEMBER 2 nities inside the United States. HVC–210 10 a.m. 10 a.m. HON. GERALD E. CONNOLLY Commission on Security and Cooperation Finance OF VIRGINIA in Europe To hold hearings to examine drug short- IN THE HOUSE OF REPRESENTATIVES To hold hearings to examine combating ages, focusing on why they happen and anti-Semitism in the Organization for Wednesday, November 30, 2011 what they mean. Security and Cooperation in Europe re- SD–215 Mr. CONNOLLY of Virginia. Mr. Speaker, I gion, focusing on taking stock of the Judiciary rise to honor Simrun Bal, a 2011 Critical Lan- situation today, including initiatives To hold hearings to examine reauthor- guage Scholarship Program Recipient. Simrun designed to target violent and other izing the EB–5 Regional Center Pro- manifestations on anti-Semitism in the has been identified by her educators for her gram, focusing on promoting job cre- fifty-six North American and European ation and economic development in academic excellence, leadership potential and countries that comprise the Organiza- exemplary citizenship to participate in the Crit- American communities. tion for Security and Cooperation in SD–226 ical Language Scholarship Program in Europe (OSCE). 2 p.m. Chandigarh, India. 2203, Rayburn Building Banking, Housing, and Urban Affairs This Critical Language Scholarship Program Financial Institutions and Consumer Pro- allows students to participate in daily edu- DECEMBER 6 tection Subcommittee cational activities in Chandigarh, India, as well 10 a.m. To hold hearings to examine enhanced as the surrounding areas. The program allows Homeland Security and Governmental Af- supervision, focusing on a new regime participants to make friends with young lead- fairs for regulating large, complex financial ers from all over the world with an intensive Contracting Oversight Subcommittee institutions. focus on the Punjabi language, one of the thir- To hold hearings to examine whistle- SD–538 teen critical need foreign languages deter- blower protections for government con- 2:30 p.m. tractors. Commerce, Science, and Transportation mined by the Department of State, for summer SD–342 To hold hearings to examine turning the 2012. At the end of the program, participants Judiciary investigation on the science of receive a certificate of completion. Administrative Oversight and the Courts forensics. Simrun is a student at the University of Subcommittee SR–253 Richmond. It is inspiring to see young people To hold hearings to examine access to Judiciary who are interested in educational and devel- the court, focusing on televising the To hold hearings to examine the nomina- opmental experiences such as these. Supreme Court. tion of Paul J. Watford, of California, Mr. Speaker, I ask my colleagues to join me SD–226 to be United States Circuit Judge for in recognizing this remarkable achievement by Banking, Housing, and Urban Affairs the Ninth Circuit. To hold hearings to examine continued SD–226 Simrun Bal and wishing her continued success Homeland Security and Governmental Af- in her further pursuits. oversight of the implementation of the ‘‘Wall Street Reform Act’’. fairs f SD–538 Oversight of Government Management, the SENATE COMMITTEE MEETINGS Commerce, Science, and Transportation Federal Workforce, and the District of Consumer Protection, Product Safety, and Columbia Subcommittee Title IV of Senate Resolution 4, Insurance Subcommittee Disaster Recovery and Intergovernmental agreed to by the Senate on February 4, To hold hearings to examine contami- Affairs Subcommittee 1977, calls for establishment of a sys- nated drywall, focusing on examining To hold joint hearings to examine earth- tem for a computerized schedule of all the current health, housing and prod- quakes to terrorist attacks, focusing meetings and hearings of Senate com- uct safety issues facing homeowners. on if the national capital region is pre- mittees, subcommittees, joint commit- SR–253 pared for the next disaster. SD–342 tees, and committees of conference. Finance To hold a joint hearing with the House This title requires all such committees DECEMBER 8 to notify the Office of the Senate Daily Committee on Ways and Means to ex- amine tax reform and the tax treat- 2:30 p.m. Digest—designated by the Rules Com- ment of financial products. Energy and Natural Resources mittee—of the time, place, and purpose HVC–210 Water and Power Subcommittee of the meetings, when scheduled, and 2:30 p.m. To hold hearings to examine opportuni- any cancellations or changes in the Judiciary ties and challenges to address domestic meetings as they occur. Antitrust, Competition Policy and Con- and global water supply issues. As an additional procedure along sumer Rights Subcommittee SD–366 with the computerization of this infor- To hold hearings to examine the Express Intelligence mation, the Office of the Senate Daily Scripts/Medco merger. To hold closed hearings to examine cer- Digest will prepare this information for SD–226 tain intelligence matters. SH–219 printing in the Extensions of Remarks DECEMBER 7 section of the CONGRESSIONAL RECORD 9:30 a.m. DECEMBER 13 on Monday and Wednesday of each Homeland Security and Governmental Af- 9 a.m. week. fairs Agriculture, Nutrition, and Forestry Meetings scheduled for Thursday, De- To hold a joint hearing with the House To hold hearings to examine MF Global cember 1, 2011 may be found in the Committee on Homeland Security to bankruptcy. Daily Digest of today’s RECORD. examine homegrown terrorism, focus- SH–216

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