SENATE—Tuesday, July 17, 2012

11390 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 SENATE—Tuesday, July 17, 2012

The Senate met at 10 a.m., and was DISCLOSE ACT OF 2012—MOTION TO nied his seat, and he reappointed him called to order by the Honorable CHRIS- PROCEED to the Senate. So he got to the U.S. TOPHER A. COONS, a Senator from the Mr. REID. Mr. President, I now move Senate by virtue of the shenanigans State of Delaware. to proceed to Calendar No. 446, S. 3369. that took place. Incensed Montana vot- The ACTING PRESIDENT pro tem- ers went on to pass the Corrupt Prac- PRAYER pore. The clerk will report. tices Act via a referendum. They voted The Chaplain, Dr. Barry C. Black, of- The legislative clerk read as follows: for it. Less than a decade later, Repub- fered the following prayer: Motion to proceed to S. 3369, a bill to lican President Theodore Roosevelt Let us pray. amend the Federal Election Campaign Act of reined in unlimited corporate giving to God of grace and glory, You have al- 1971 to provide for additional disclosure re- political candidates at the Federal ready blessed us this day. We pause quirements of corporations, labor organiza- level as well—not only in Montana but now to acknowledge that we borrow tions, super PACs, and other entities, and for at the Federal level. our heartbeats from You and that be- other purposes. This Nation has a long history of cur- cause of You we live and breathe and SCHEDULE tailing the corrupt influence of money move and have our being. Mr. REID. For the information of all in politics. But with the Citizens Continue to nourish and sustain this Senators, the time until 12:30 p.m. United decision, the Supreme Court of Nation during these difficult and dan- today will be divided and controlled be- our country erased a century of effort gerous days. Thank You for the brave tween the two leaders or their des- to protect the fairness and integrity of men and women in our Armed Forces ignees, with the Republicans control- American elections. That disastrous and the members of their families who ling the first 30 minutes and the major- decision opened the door for corpora- daily sacrifice to keep freedom’s flame ity the second 30 minutes. tions, anonymous billionaires, and for- burning. We will recess from 12:30 p.m. until eign interests to spend hundreds of mil- Lord, surround our lawmakers this 2:15 p.m. today to allow for our weekly lions of dollars influencing voters. day with Your spirit of reconciliation caucus meetings. For anyone who dismisses this that they may put aside that which Additionally, the time from 2:15 p.m. change as politics as usual, they should brings division and embrace that which until 3 p.m. will be equally divided and think again. During this year’s elec- engenders unity. May Your blessing controlled. At 3 p.m. there will be a tion, outside spending by GOP shell and benediction enable our Senators to cloture vote on the motion to proceed groups is expected to top $1 billion— work together in harmony and peace. to the DISCLOSE Act, which was de- that is billion with a ‘‘B.’’ The names We pray in Your merciful Name. bated last night and will be debated of these new front groups contain Amen. again this morning. words that are warm and fuzzy, such as ‘‘freedom’’ and ‘‘prosperity.’’ But make f THE DISCLOSE ACT Mr. President, the corrosive effect of no mistake, there is nothing free about PLEDGE OF ALLEGIANCE money on American politics isn’t a an election purchased by a handful of The Honorable CHRISTOPHER A. COONS product of the 21st century. More than billionaires for their own self-interest. Just one of those outside groups— led the Pledge of Allegiance, as follows: 100 years ago, moneyed special inter- just one of them—backed by wealthy I pledge allegiance to the Flag of the ests had already tested the integrity of oil interests, has promised to spend United States of America, and to the Repub- this country’s political system. lic for which it stands, one nation under God, In 1899, copper billionaire William $400 million on negative ads filled with indivisible, with liberty and justice for all. Clark was elected to the U.S. Senate by half truths and distortions of President Obama’s record. By comparison, during f the Montana State legislature. The the 2008 election—less than 4 years APPOINTMENT OF ACTING contest was considered so blatantly ago—Senator JOHN MCCAIN’s Presi- PRESIDENT PRO TEMPORE swayed by bribery the Senate refused dential campaign spent $370 million to seat him. Here is how Clark fa- The PRESIDING OFFICER. The total. That was a huge amount of mously responded: clerk will please read a communication money in that day, but it is being to the Senate from the President pro I never bought a man who wasn’t for sale. dwarfed by these outside groups this tempore (Mr. INOUYE). We in Nevada have some connection year. So this year one group’s special The legislative clerk read the fol- with that name because Las Vegas is in interest money will dwarf the entire lowing letter: Clark County. Clark County was budget of the Republican nominee JOHN U.S. SENATE, formed in the early part of the 20th MCCAIN in the last Presidential elec- PRESIDENT PRO TEMPORE, century. The largest county in Amer- tion. Washington, DC, July 17, 2012. ica was Lincoln County and that was Democrats and the majority of Amer- To the Senate: divided between Lincoln and Clark icans believe these unlimited corporate Under the provisions of rule I, paragraph 3, Counties, and this character, William special interest contributions should be of the Standing Rules of the Senate, I hereby Clark, is who that county was named appoint the Honorable CHRISTOPHER A. outlawed. But in the post-Citizens COONS, a Senator from the State of Dela- after. United world, the least we should do is ware, to perform the duties of the Chair. But after Clark made this remark, require groups spending millions on po- DANIEL K. INOUYE, and people realized he had blatantly litical attack ads to disclose the do- President pro tempore. swayed the State legislature by brib- nors. We owe it to the voters to let Mr. COONS thereupon assumed the ery, the U.S. Senate refused to seat them judge for themselves the attacks chair as Acting President pro tempore. him. He became a Senator anyway— and the motivation behind them. But f not for long, but he became a Senator. they can only do that if they know who As I have learned from people who is doing it. The DISCLOSE Act would RECOGNITION OF THE MAJORITY know a lot about Montana history, require political organizations of all LEADER Clark was very clever. The Governor of stripes, liberal and conservatives alike, The ACTING PRESIDENT pro tem- the State of Montana went to San to disclose donations in excess of pore. The majority leader is recog- Francisco, to the acting governor—the $10,000 if they will be used for campaign nized. lieutenant governor—after he was de- purposes.

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

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11391 Safeguarding fair and transparent logical crusade. This morning, Ernst & You earn, we take is apparently the elections used to be an arena where Young is releasing a study which shows only thing they have. Democrats and Republicans could find that President Obama’s plan to raise Surely we can do better. I know we common ground. As far back as 1997, taxes on these businesses will result in can, and so do the American people. the Republican leader, our friend Sen- 710,000 fewer jobs. What a great idea: Mr. President, I yield the floor. ator MCCONNELL, said, ‘‘Disclosure is Let’s raise taxes on a million of our RESERVATION OF LEADERSHIP TIME the best disinfectant.’’ In fact, 14 Re- most successful small businesses and The ACTING PRESIDENT pro tem- publicans now serving in the Senate eliminate 700,000 jobs in the middle of pore. Under the previous order the voted to support stronger disclosure the most tepid recovery in anybody’s leadership time is reserved. laws in the year 2000. Yet last night, memory. What a terrific idea. For ORDER OF BUSINESS those same 14 Republicans did an those who manage to keep their jobs, Under the previous order, the time about-face, and every one of my Repub- real aftertax wages would fall by an es- until 12:30 will be equally divided and lican colleagues voted to block the timated 1.8 percent, meaning living controlled between the two leaders or DISCLOSE Act. standards would decline as government their designees, with the Republicans It is obvious the Republican priority sucks more capital out of the economy. controlling the first 30 minutes and the is to protect a handful of anonymous The President’s proposal, in other majority controlling the second 30 min- billionaires—billionaires willing to words, is a recipe for economic stagna- utes. contribute hundreds of millions of dol- tion and decline—a recipe for economic The Senator from Alabama. lars to change the outcome of elec- stagnation and decline. But the Murray THE ECONOMY tions. But today, again, they will have proposal—the idea we should raise Mr. SESSIONS. Mr. President, I an opportunity to consider that back- taxes on everybody—is even worse. Not would like to thank Senator MCCON- wards priority. We are doing that with only would it trigger another reces- NELL for his remarks and the funda- the motion to reconsider which I an- sion, it would put the global economy mental truth of those remarks that nounced last night. They will have the at risk. Here is the Democratic theory: this administration and the majority opportunity to stand for the average that a massive income tax increase on in this Senate want to raise taxes. voter instead of these billionaires. 140 million American taxpayers They think that raising taxes and I hope they join Democrats as we wouldn’t be so bad because the effects spending more through the government work to ensure all Americans—not just wouldn’t be felt right away. It wouldn’t will somehow lift the economy. We the wealthy few—have an equal voice be so bad because the effects wouldn’t have been shown that is not so. in the political process. be felt right away. Our Democratic colleagues stayed RECOGNITION OF THE MINORITY LEADER This bizarre conclusion can only be here last night talking about an issue The ACTING PRESIDENT pro tem- reached by politicians and budget ana- that doesn’t have the support to pass, pore. The Republican leader is recog- lysts who have never worked a day in and they should have been talking nized. the private sector, who don’t under- about the fundamental threat to our TAX INCREASES stand what goes into cutting a pay- economy: not having a budget. Why Mr. MCCONNELL. Mr. President, last check for employees, and who don’t aren’t we moving forward with a budg- week, in response to another dis- have a concept of the planning—the et? Why aren’t we moving forward with appointing month of job growth, Presi- planning—that is necessary to operate the appropriations bills that are nec- dent Obama issued a truly bizarre ulti- a business on thin margins in a tough essary to fund the government come matum—a truly bizarre ultimatum: economy. October 1? The majority leader, Sen- Let me raise taxes on a million busi- This shows how out of touch these ator REID, has announced he has no in- nesses or I will raise taxes on every- people are, to rely on the analysis of tention to pass a single one, not even body. Let me raise taxes on a million Ivy Tower liberals instead of listening to bring them up. businesses or I will raise taxes on ev- to the jobs groups that have been So we will end up, in late September, erybody. pleading with us to fix this problem passing a continuing resolution to fund Yesterday, Democratic leaders in sooner rather than later and end the the government—there is no telling Congress took this strange new eco- uncertainty that is acting like a big what else will be tied up in that—which nomic theory—whereby politicians pur- wet blanket over our entire economy. will create instability and uncertainty port to help job creation by hurting job Today another nonpartisan group, because this Democratic-led Senate creators—to dizzying new heights. Yes- the Business Roundtable, urged Con- has refused to pass a budget, refused to terday, Senate Democratic leaders said gress to adopt the Republican plan to lay out a plan for the future, and re- they would actually prefer—prefer—to extend current tax law for a year and fused to move the appropriations bills. see America go off the so-called fiscal make a bridge to tax reform. In a letter I have been here 15 years. This is the cliff this coming January—along with to Congress, the group’s chairman, first time I have ever seen us not move the trauma that would unleash on our Boeing CEO Jim McNerney, warned: a single appropriations bill. When I economy—than let businesses maintain Without effective action soon, this uncer- first came here, we would move almost their existing tax rates. That was the tainty will spawn a dangerous crisis, threat- every 1 of the appropriations bills be- position of Democratic leaders yester- ening our economy, businesses and workers. fore September 30. It is hard work. We day: They would rather see America go What Republicans have been saying have to bring up the bill, decide how off the fiscal cliff in January than let a is that we should eliminate this uncer- much we want for the Department of million businesses maintain their cur- tainty right now. We should eliminate Defense, or the Department of Agri- rent tax rates. the uncertainty that Boeing employ- culture, or the Department of Edu- It is an astonishing admission—an ees—nearly 85,000 of whom work in cation, and members offer amendments astonishing admission. Democrats in Washington State—and so many others and debate and do their work. That is Congress are now saying they would are facing right now. We should tackle what we are supposed to be doing, but rather see taxes go up on every Amer- these problems now rather than wait- we are not. ican at the end of the year than let ing until the end of the year. Today I want to talk about and call about a million businesses keep what Let me just boil it down. Faced with attention to another serious—scan- they earn now. They would rather let the slowest economic recovery in mod- dalous, really—development in the way taxes go up on everybody in the coun- ern times, chronic joblessness, and the the Democratic leadership in this Sen- try rather than allow a million busi- lowest percentage of able-bodied Amer- ate is systemically dismantling the nesses to keep the money they earn icans actually participating in the statutorily required budget process. It now. workforce in literally decades, Demo- is a tale of how we are going broke. This isn’t an economic agenda—it is crats’ one-point plan to revive the Let me begin with a review of the sit- not an economic agenda—it is an ideo- economy is this: You earn, we take. uation. Last summer, Congress and the

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11392 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 President faced a serious crisis as a re- didn’t want to do it. A lot of Americans we adhere to its modest restrictions or sult of the fact that surging govern- were hot about it. We said: But we are will we blink? ment spending had driven our debt to going to cut spending by that amount We have Members of Congress—and I the highest level allowed—the debt over 10 years. have raised this issue over the years— ceiling. We were hitting the debt ceil- As reported by the publication, CQ: who seem to take it as a personal chal- ing. Do you remember that? A deal was Conrad did not counter Sessions’ claim lenge to see how they can spend more struck then to raise the debt ceiling. that the elevated outlay limit would allow money than they are allocated. It hap- That is what the President wanted. higher spending in fiscal year 2013. pens every year. This is how a country He didn’t want to cut spending 40 per- But let me emphasize, this is not just goes broke. The consequences of the cent. We were borrowing—and we still the fault of Senator CONRAD. This large annual manipulations and gimmicks borrow—almost 40 cents of every dollar violation of the Budget Control Act is have great impact over time. These are we spend. All government programs without doubt the decision of Senator not small matters. Think about it. would have had to have been cut 40 per- REID, the Democratic leader, his lead- This is a chart I put together. This cent if we didn’t raise the debt ceiling. ership team, and the members of the year we are adding $14 billion more to Amazing as that sounds, this is Democratic caucus who support him. the baseline spending in our country undisputable. Remember, outlays are the spending than agreed to, and this gimmick adds Republicans prevailed in their insist- figures which directly register on the $14 billion to the baseline next year. ence that spending should be reduced debt. Mr. President, $14 billion in high- One may think: It is only $14 billion, over 10 years by an amount equal to er outlays in 2013 means $14 billion JEFF. Calm down. the increase in the debt ceiling last Au- added to the debt. It is just that sim- Alabama’s general fund budget, not gust. The legislation this deal pro- ple. In fact, the higher debt that will including education, is less than $2 bil- duced, the Budget Control Act, set cer- accrue next year as a result of the lion. To us $14 billion is a lot of money, tain spending limits in the absence of a higher spending level means the and we are an average-sized State. This budget resolution that we should have amount of interest we pay on the debt is how we need to think about these passed in the Senate as required by we accrue will be greater and will also manipulations because it is very sig- law. So these spending limits came exceed CBO baseline limits. nificant as time goes by. As a result, the chairman had to also into effect when the chairman of the If we violate the baseline next year, boost spending authority for the Fi- Budget Committee, Senator CONRAD, in 2013, by $14 billion, that goes into nance Committee by $79 million to filed the allocation numbers into the the spending level for the next year. compensate for the higher interest pay- CONGRESSIONAL RECORD, telling every Then if next year we violate it again, it ments on the $14 billion added to the Senate committee how much it was al- is not just $14 billion, we are adding $14 debt. This shows that the debt deal leg- lowed to spend. That is the power given billion on top of the $14 billion gim- islation has been violated not only in to the Budget Committee chairman. I mick in the spending level this year. It spirit but in letter. Why? Because if we am the ranking Republican on the is $28 billion next year. Added to the increase discretionary outlays, we in- $14 billion we ripped off the taxpayers Budget Committee, and Senator CON- crease the debt, and therefore increase the previous year, it is $42 billion. RAD chairs the Budget Committee. the interest needed to service the debt. So the Budget Control Act plainly It is crystal clear that the legislation Do you see how that goes up? Each dictates that beginning on October 1 of provides no flexibility whatsoever to year is adding to it, and we have been this year, spending limits would be de- inflate spending authority for this in- doing this kind of thing consistently. rived from the Congressional Budget terest payment. It is a direct violation If we gimmick the budget $14 billion Office’s baseline. This is crucial be- of the Budget Control Act, but he had a year—and I remember doing a chart cause the CBO baseline contains the to do that to justify and account for similar to this about 10 years ago, and $2.1 trillion in spending cuts over 10 the $14 billion increase over the level we gimmicked the budget $18 billion years—really, reductions in spending that was agreed to last August. that year and there are probably other growth, and not so much cuts—that the I sent two letters to Chairman CON- gimmicks we are not including—this deal was supposed to implement in ex- RAD urging him to correct and re-file $14 billion gimmick puts us on a track change for the immediate $2.1 trillion the proper numbers, but it is evident to add $770 billion to the debt of the raising of the debt ceiling. that the chairman does not intend to United States over 10 years. Herein lies the scandal. Although it do so. So we will be looking for an al- We have to adhere to the agreements was buried in the spending allocation ternative course. This is a matter that we make. If we do not stand with those that Senator CONRAD sent out, my staff ought to be considered by the full Sen- agreements, then we make a mockery on the Senate Budget Committee dis- ate, so I plan to pursue a vote on the of law, we make a mockery of the Sen- covered that Senator CONRAD did not inflated spending levels. Each Senator ate, we undermine the respect and file an outlay limit based on the CBO will therefore have to examine their trust the American people have in us. baseline. Instead, the outlay total he own conscience and consider their duty If we run up $770 billion more, we pay filed was $14 billion higher—curiously to their constituents, to the Nation, interest on that, estimated at $112 bil- matching exactly the spending levels and to the financial future of our coun- lion, that $14 billion gimmicked-up that President Obama had requested in try. spending adds $900 billion to the debt. the budget he submitted to Congress in Plainly, this action violates the spir- Remember, we are in debt today. February. it and the terms of the 10-year Budget Every $1 we spend more than what we Although this discovery was not Control Act agreement that was made agree to is borrowed. Any more spend- readily apparent, Chairman CONRAD, to last August, just 11 months ago. At ing is borrowed because we are in debt his credit—he is an honorable man— that time, Congress declared that we now—nearly 40 percent of the money does not dispute it. He simply asserts would exercise some spending re- we spend is borrowed. We spend about that it is within his discretion to uni- straint. And $2.1 trillion in reduced $3.7 trillion and we take in about $2.4 laterally set a higher total. spending is really a reduction in the trillion and we borrow the rest. It is Again, because the CBO baseline re- growth of spending and not an elimi- unsustainable. flects the spending reductions passed nation of all growth in spending. We Meanwhile, the President continues by Congress and signed into law, an in- would go from something like $37 tril- his call for higher taxes, saying that crease above the baseline—as the allo- lion being spent over 10 years to $35 taxing more will reduce the deficit. cation that he submitted allows—is an trillion. It is not going to break Amer- But his plan for the new taxes he has abrogation of the bipartisan agreement ica. But to hear the wails that come proposed is to fund more spending, we reached last August. about, you would think it would. more gimmicks and more fraud and We told the American people: OK, we So the test will be, in this first year waste in government. I know you think raised the debt ceiling. A lot of people since the passage of the debt deal will that is not so—surely, that is not so.

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11393 That is not what the President is pro- The best avenue may be to raise a they continue to imprison this doctor. posing. But, unlike the Democratic point of order, and we will look at that He has an appeal that will be heard Senate, the President did comply with to see how to bring this matter before this Thursday. If he is not successful in the law and submitted a budget as the Senate. I will be looking for that his appeal, if he is still imprisoned for every President has done since the opportunity. But I truly believe it is a life, we will have a vote in the Senate Congressional Budget Act was passed. defining moment for us if we cannot on ending all aid to Pakistan—not a He submitted a budget. What did his adhere 1 full year to the agreement we small portion of their aid, every penny budget call for? It called for new taxes reached last August and that we told of their aid, including the $1 billion all right. It called for $1.8 trillion in the American people we would abide they got last week. We will attempt to new taxes over 10 years. But it also in- by. I think the distrust and lack of stop all aid to Pakistan. creased spending by $1.6 trillion. Do confidence by the American people, al- I ask any of the Senators to step for- you see what is happening there? The ready felt in Congress, will continue to ward if they think it is a good idea and President’s proposal calls for $1.6 tril- further erode. tell the American people why they are lion in new spending, above the Budget I yield the floor. sending their money to Pakistan. We Control Act level we agreed to in Au- The ACTING PRESIDENT pro tem- have bridges crumbling, we have roads gust. He proposes to wipe out the cuts. pore. The Senator from Kentucky. crumbling, we have schools crumbling, He proposes to spend $1.6 trillion more END PAKISTAN AID and we are sending money to Pakistan, than we agreed to in August, and he Mr. PAUL. Mr. President, the ques- which disrespected us. We spent bil- pays for it with $1.8 trillion in new tion remains should taxpayers be lions, if not maybe trillions of dollars, taxes. forced to send money overseas to coun- on the wars in Pakistan and Afghani- He didn’t use his new taxes to pay tries that disrespect us or, more pre- stan trying to get bin Laden and then down the debt. He used the new taxes cisely, should we borrow money from the doctor who helps us is now in jail to fund more government, more spend- China to send it to countries that dis- for 33 years. ing. That is not what we need to be respect us. Should we borrow money Everywhere I go across our country— doing at this point in history. We from China to send to Pakistan? in my State in Kentucky we have two should have stayed here last night Should we borrow money from China to bridges that need to be replaced. We talking about the debt threat to Amer- send to the Muslim Brotherhood in have one in the middle of one of our ica and not some controversial issue on Egypt? Should we send good money major cities that was closed down for 6 campaign finance. after bad? months last year for repairs. We don’t For 3 consecutive years, this Senate For a decade we searched for bin have the money to repair our infra- Democratic majority has refused to Laden. We spent hundreds of billions of structure. We are $1 trillion short of bring forth a budget plan as required dollars searching for him. Where did we money, period. We are borrowing over by common sense and law. They refuse find him? Not in the remote moun- $1 trillion a year. We now have a $16 even to write a budget and bring it to tains; we found him living comfortably trillion debt that equals our entire the floor for consideration. They have in a city in Pakistan. We found him economy. Yet they are still sending no financial plan for the future of living in the middle of the city not far taxpayer money to dictators overseas America. from a military academy. We were who disrespect us. Eighty percent of Senator REID, what is your plan? He blocked Senator CONRAD, who was will- helped in this search by a doctor, a the public thinks this should come to ing and prepared to lay out a budget brave doctor in Pakistan by the name an end. If we ask this question: Should plan for the Democrats. He called on of Dr. Shakil Afridi, who helped us find we be sending this money overseas him not to do so. For 3 years they have bin Laden, helped us with ultimately when we have difficulty and needs and not had a budget. We did not even getting bin Laden. How was he re- wants at home, 80 percent of the public bring one up this year. warded for this heroism? Where is Dr. would say it should end. Yet when we They treat any effort to rein in waste Shakil Afridi now? He has been impris- force this body to vote, 80 percent of and abuse as evidencing a hatred for oned by the Pakistani Government for your Representatives are for sending those who are suffering and truly in 33 years. more aid overseas. They were all clam- need. We want to help people in need. For 10 years we searched for bin oring and clapping their hands last But anybody who knows these pro- Laden high and low throughout Af- week when President Obama said he grams, such as some of the stuff that is ghanistan, throughout the world, sent another $1 billion overseas—they coming out now on food stamps, knows throughout the mountains. We found all stand and clap. there is waste, fraud and abuse and we him living comfortably in a city only I don’t think the American taxpayer can clean them up and save money and miles from a military academy, and is clapping. I don’t think the American not hurt people truly in need. From the then the doctor who helped us Paki- taxpayer is happy we are $1 trillion in IRS checks sent to illegal aliens that stan has now imprisoned for 33 years. the hole and still sending this money the inspector general of the U.S. Treas- How did the President respond to overseas to countries that disrespect ury Department said has to end, to lav- this? How did President Obama’s ad- us. ish GSA parties in Las Vegas, reckless ministration respond to the impris- What I say to Pakistan is if they abuse in the food stamp program, and oning of this doctor, the doctor who want to be our ally, act like it. If they now this surreptitious 14 billion debt helped us get bin Laden? President want to be our ally, respect us. If they increase, there is no financial account- Obama sent them another $1 billion want to be our ally, work with us on ability in Washington. last week. We already sent Pakistan $2 the war on terrorism. But if they want I will be working to erase this $14 bil- billion, and they disrespect us, so what to be our ally, don’t hold Dr. Afridi, lion spending increase. It is important. did we do? We sent them another $1 bil- don’t hold political prisoners, don’t I urge my colleagues to join me so our lion. People around this town are be- hold people who are actually working actions will be consistent with our moaning there is not enough money for with us to get bin Laden. promises to the American people made our military. Yet we took $1 billion out I will do everything in my power to last August; otherwise we are breach- of the Defense Department, an extra $1 get this vote. They don’t want to have ing this agreement the first year. It is billion, and sent it to Pakistan last this vote. They like foreign aid over always a gimmick and a danger to week. Where is Dr. Afridi? In jail for 33 here. They all love sending taxpayer spend today and promise to pay for it years. money overseas, but they don’t want to in the future—spend more today than I have obtained the signatures nec- vote on it so they have been blocking the agreement called for, but we are essary to have a vote on this. The lead- this vote and they will attempt to going to pay for it in the future. It is ership does not want to allow a vote on block my vote. I have the signatures the first year in our agreement and it this, but I will, one way or another, get necessary and you will see me on the has already been breached. a vote on ending aid to Pakistan if floor next week.

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11394 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 If Dr. Afridi is still in jail next week, Project has had on the Utah environ- arguing that it needs help to compete with I will make them vote on this. It is the ment, it has also been an economic entrenched fuel sources whose environ- least taxpayers deserve. The taxpayers boon to the surrounding rural commu- mental and health impacts often aren’t in- deserve to know why their Senators nities. Beaver County’s tax base included in their costs. Mr. Obama has made several campaign trips to Iowa, where he ar- are voting to send their money over- creased so much that it allowed for a gued for wind energy’s tax credits to be ex- seas when we are $1 trillion in the hole. new elementary school to be built tended. Most Republicans are less bullish on Why are their Senators voting to send without any tax increases to local resi- clean energy’s prospects, and say the govern- trillions of dollars to Pakistan when dents. In effect, those tax receipts re- ment shouldn’t support technologies that they imprison the guy who helped us placed a school that had fallen into dis- aren’t commercially viable on their own. get bin Laden. It is unconscionable. It repair. Still wind power has vigorous support from has to stop. The debt is a threat to tax- This project has brought more than some of the reddest districts in the country, payers, our country, a threat to the Re- $50 million in economic benefits to with Republican congressmen in wind-power heavy states like Texas, Iowa, and Colorado public, and I will do everything I can to Utah as a whole. It has created over 300 onsite jobs during construction and en- backing the industry tax credit. force a vote on this and then the Amer- Mr. Romney has criticized the Obama ad- ican people can decide. They can decide gaged more than 60 local Utah busi- ministration’s support for clean-energy sub- whether they want to keep sending nesses throughout construction and de- sidies. ‘‘Solar and wind is fine except it’s these people back to Washington who velopment. That is a win-win-win situ- very expensive and you can’t drive a car with are sending their money overseas to ation no matter how we calculate it. a windmill on it,’’ Mr. Romney said at a people who have no respect for us. Only if we extend the wind PTC will campaign event in March in Youngstown, I will do everything in my power to we continue to see the investment, job Ohio. His economic plan says wind and solar have this vote and we will record the creation, and economic growth Utah power are ‘‘sharply uncompetitive’’ forms of has seen in recent years. Now is the energy, whose jobs amount to a ‘‘minuscule Senate. Your representatives will be fraction’’ of the U.S. labor force. A campaign recorded on whether they want to con- time for us to act to preserve and create thousands of jobs and to usher in a spokeswoman said Mr. Romney supports tinue sending your money to Pakistan ‘‘the development of affordable and reliable while Pakistan imprisons this doctor clean energy future for the American energy from all sources, including wind.’’ He who helped us get bin Laden. people. Without our support, the hasn’t publicly called for the renewal of the I yield the remainder of my time. growth of the wind energy industry tax credit for wind. The ACTING PRESIDENT pro tem- will slow, and, in fact, wind energy pro- ‘‘That’s a conversation I need to have with pore. The Senator from Colorado. ducers likely will shed jobs and halt Gov. Romney,’’ said Rep. Steve King, an Iowa Republican and a member of the House WIND PRODUCTION TAX CREDIT projects. Mr. President, I ask unanimous con- Tea Party Caucus who says 5,000 wind-indus- Mr. UDALL of Colorado. Mr. Presi- try jobs statewide and locally-produced dent, for several weeks now I have spo- sent that the article that was published in the Wall Street Journal this clean energy are proof of the benefits of fed- ken on the Senate floor, urging my col- eral policies that support wind power. Iowa leagues of both parties to extend the week be printed in the RECORD. has gained several wind-power manufac- There being no objection, the mate- wind production tax credit or, as it is turing facilities in recent years and ranks rial was ordered to be printed in the known, the PTC. The Presiding Officer second among U.S. states in number of wind RECORD, as follows: has had an opportunity to listen to me farms, after Texas. Terry Branstad, the [From the Wall Street Journal, July 8, 2012] state’s Republican governor, also backs a re- on a number of occasions. I thank him newal of the credit. for his interest and support. I am here WIND POWER FACES TAXING HEADWIND (By Mark Peters and Keith Johnson) The production tax credit has spurred huge again this morning to continue my growth since it was signed into law by Presi- WEST BRANCH, IOWA.—Acciona Windpower’s work because I do not want to lose one dent George H.W. Bush in 1992, but it has generator-assembly plant here in the heart kept the industry’s future tied to the vagar- more American job because of our fail- of the corn belt is down to its last domestic ies of Congress. The credit now is caught in ure, Congress’s failure, to act. I also order as the U.S. wind energy industry faces the congressional gridlock of an election want to assure, as I know the Presiding a sharp slowdown. Officer does, that we, the United Demand for the school bus-size pods it as- year, and a vote on renewal isn’t likely until sembles to house the guts of a wind turbine after November. Even if renewed then, the States, remain competitive in the glob- pipeline of projects next year is already al clean energy economy. is drying up as a key federal tax credit nears expiration. Acciona is now banking on for- crimped. Today, I wish to talk specifically ‘‘In some way, it’s too late to save 2013 about the PTC’s impact on the State of eign orders to keep the plant going next year, while hoping the credit will be ex- build,’’ said Matthew Kaplan of consultancy Utah, one of America’s fastest growing tended. IHS Emerging Energy Research. wind energy producers. Similar to The debate over renewing the credit is di- The credits for wind have expired three other Western States, including my viding Republicans, with conservative law- times before, most recently in 2004, with new home State of Colorado, Utah’s geog- makers from wind states joining Democrats construction slowing sharply each time be- raphy and climate make it an ideal lo- to push for an extension even as the pre- fore the credit was later renewed. Now the stakes are higher, because the cation for wind production. It is esti- sumptive GOP presidential nominee, Mitt Romney, has made attacks on government wind industry has established a manufac- mated that if fully utilized, Utah’s turing base in the U.S. to build many of the wind resources could provide up to 132 support for clean energy, including wind, a centerpiece of his fight against President 8,000 parts that go in a typical turbine. In- percent of the current electricity Barack Obama. dustry data show manufacturing facilities in needs. Think about that, the entire After several years of domestic growth, the the U.S. have more than doubled since 2009 State’s electricity needs could be met U.S. wind industry faces possible layoffs and to around 470 in 2011. Meanwhile, wind’s by wind power alone. If we look at the shutdowns as a key federal tax credit is set share of U.S. electricity output has grown to map of Utah that is displayed here, we to expire. Mark Peters reports from West 2.9% last year, from about 1.3% in 2008, according to the Energy Information Adminis- will see that the largest wind projects Branch, Iowa. The tax policy, initiated two decades ago, tration. are located in Beaver and Millard currently gives operators of wind farms a ‘‘There is a lot more skin in the game,’’ Counties, which are in western Utah. credit of about two cents per kilowatt-hour said Joe Baker, chief executive of the North In those two counties, the first wind of electricity they generate. Without the American wind power subsidiary of Acciona corporation has constructed the Mil- credits, wind power generally can’t compete SA, a Spanish company. Its Iowa plant gets ford Wind Project. That project pro- on price with electricity produced by coal- or 80% of its components from North America, duces enough electricity to power over natural gas-fired plants. Analysts predict mostly made in the U.S. Almost no compo- 64,000 homes, avoids 300,000 tons of CO that if the tax credit expires on Dec. 31, as it nents came from the U.S. when the plant 2 opened in 2008. emissions and provides good-paying is scheduled to, installations of new equipment could fall by as much as 90% next year, Many Republicans argue that any benefits jobs to hundreds of hard-working after what is expected to be a record increase from wind power don’t justify government Utahns. in capacity in 2012. investment. ‘‘What do we get in return for Beyond the obvious and enormously Democrats generally support federal back- these billions of dollars of subsidies?’’ Sen. positive effect the Milford Wind ing for wind power and other clean energy, Lamar Alexander, a Tennessee Republican

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11395 who has long criticized the tax credit for the policy. Coloradans expect no less. Let’s quirement will not create burdensome wind industry, said in a speech earlier this pass the production tax credit as soon regulations or be in conflict with any year. ‘‘We get a puny amount of unreliable as possible and protect American jobs. of the holdings of the Supreme Court. electricity.’’ Mr. President, if I might, I wish to It is the kind of commonsense trans- Local communities are now fearing layoffs in the industry, which employs an estimated turn to another topic that is on parency that Coloradans are calling 75,000 people nationwide. A Siemens AG tur- everybody’s minds, and that is the ef- for. bine-blade factory is the largest employer in forts here in the U.S. Senate to reform It might sound cliched, but sunlight Fort Madison, Iowa, which has struggled the way in which our campaigns are fi- is truly the best disinfectant. In fact, I with one of the state’s highest unemploy- nanced and the way in which that in- heard the Republican leader, Senator ment rates. Mayor Brad Randolph said get- formation is shared with the public. MCCONNELL, use that same concept: ting the plant ‘‘really was a corner turner,’’ Many of my colleagues took to the Sunlight is truly the best disinfectant. but with industry’s current outlook ‘‘you Senate floor last night to discuss the We literally step on the basic prin- could see a large number of employees get- importance of the DISCLOSE Act and ciples of democracy when we allow tens ting laid off. That could be a game changer of millions of dollars to be secretly the other way.’’ to draw attention to the enormous vol- Vestas, a Danish company that is the big- ume of undisclosed money that is now spent on our elections. gest manufacturer of wind turbines in the flowing into this campaign season and I want to emphasize that this should world, employs about 1,700 people at four fac- into those campaigns. Democracy is not be a partisan issue. Despite last tories in Colorado, a relatively energy-rich Strengthened by Casting Light on night’s vote, you would think we could state that has also benefited from wind’s Spending in Elections Act or, as it is all truly agree on transparency. For growth. Uncertainty over the tax credit ‘‘re- known in its shorter form, the DIS- example, our colleague Senator MCCAIN quires us to have a flexible plan for the fu- has lamented that without the reform ture that allows us to add, adjust or elimi- CLOSE Act, is an important step forward. of transparency, the Citizens United nate positions in 2012,’’ a Vestas spokesman decision could lead to a major cam- said. It was conceived as a response to the That uncertainty trickles down the supply U.S. Supreme Court’s 2010 Citizens paign finance scandal. And, of course, chain. Walker Components, a privately held United decision. Many of us have that is not healthy for our democracy. company in Denver, expanded operations watched with deep concern as the con- The Supreme Court affirmed more than two years ago to supply gear for sequences of that decision played out Congress’s authority to require disclo- Vestas turbines. Now, like others that supply this election season. Unlimited and sure, so let’s do our job to protect de- the wind industry, the company is contem- often secret contributions to organiza- mocracy and bring sunlight to our elec- plating layoffs in its wind division if the tions. Let’s bring the DISCLOSE Act credit expires. tions known as super PACs are pouring into our election system and literally forward and pass it right away. Acciona’s Mr. Baker said a few employees I also know many Americans would drowning out the voices of ordinary recently left for other jobs, telling him they like to see us overturn the effects of wanted to be in industries with more stable Americans who don’t happen to be mil- Citizens United altogether, and there outlooks. ‘‘It became an employment issue lionaires or billionaires. are efforts to do exactly that. For ex- for them. They’re not sure. They don’t like Instead of a system where candidates ample, Senator TOM UDALL of New the seesaw effect,’’ he said. exchange ideas and share their vision Mexico has introduced a constitutional Mr. UDALL of Colorado. Mr. Presi- for a more prosperous country, the amendment that would give Congress dent, that article says if Congress does Citizens United decision has released a the power to regulate political spend- not promote PTC, my State could lose relentless display of attack ads, and ing. I support that effort. I also support hundreds, if not thousands, of jobs. the American people have no idea an effort to change the way in which Naturally the numbers are higher with where they are coming from or who is we fund the Presidential elections. suggestions and estimates that we footing the bill. This sort of unlimited I have introduced legislation in the could lose 30,000 jobs. and secret influx of cash is raising the Presidential Funding Act that will re- The PTC is a perfect example of how specter of corruption in our elections. form the currently outdated Presi- Congress can play a positive, produc- Frankly, I am worried we are entering dential public finance system. It is a tive role in encouraging economic an era of politics that we haven’t seen bill that is aimed at preserving the growth and supporting American man- since the Watergate scandal of some 40 voices of average Americans. ufacturing. The American people ex- years ago. In 1974 the Presidential public cam- pect us to do everything we can to cre- However, there is hope. Despite what paign finance system was developed in ate jobs and economic growth. They ex- I thought was a misguided decision tied an effort to restore public faith in pect us to work across the political to Citizens United, the Supreme Court elected officials after the Watergate aisle and produce results. They deserve did uphold Congress’s power to require scandal, and it has been used in nearly results, and we should not disappoint transparency when it comes to those every Presidential election since. By them by succumbing to election-year unlimited campaign dollars, and so the establishing public financing, we allow gridlock. We have a solid base of bipar- DISCLOSE Act was born. candidates to compete based on their tisan support for wind energy and for Let me share with the viewers what ideas instead of competing on who has the passage of the wind PTC. That is the DISCLOSE Act would do. It would the most support from special interests why I have been urging my colleagues require that super PACs, corporations, and deep-pocket donors. to work with me to pass it as soon as labor unions, and other independent In fact, my father, Congressman Mor- possible. groups file a public disclosure with the ris Udall, who served in the House rep- From Colorado and Utah to Rhode Is- Federal Election Commission for any resenting the second district in Ari- land and beyond, the PTC has helped campaign-related disbursement of over zona for some 30 years, was actually American families and businesses pros- $10,000 or more within 24 hours of the one of the first to use the public fi- per in a time when other industries expenditure. nancing system, which he had helped have faltered. The wind industry has This basic requirement is designed to craft 2 years prior when he ran for the been one of the few industries of real bring the exchange of these secret cam- Democratic nomination in 1976. My fa- growth in recent years, and it has so paign dollars out of the shadows so ther was a big believer in running for much more potential. Americans have Coloradans and all the American peo- office on behalf of his constituents in- said again and again that they want ple know who is trying to influence our stead of on behalf of big money. I be- Congress to extend the wind PTC. Let’s elections. That is it. It is simple and it lieve strongly that ethos ought to not let them down. Our economy and makes sense. We are only asking that apply to today’s elected officials more our future depend on it. Let’s pass the political spending and funding be dis- than ever. PTC as soon as possible. It equals jobs. closed and held to the same standard as The public financing system funded I will be back on the floor tomorrow political action committees and can- candidates for 30 years and has en- to keep fighting for this commonsense didate expenditures. This sensible re- riched the political discourse for the

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To put it in perspective, at this point in mous spending required in Presidential I yield the floor. 2008, about $36 million had been spent on campaigns has rendered it less effec- THE PRESIDING OFFICER. The ma- independent expenditures (independent tive. Thanks to Citizens United, public jority leader is recognized. meaning independent of a candidate’s cam- financing is no longer a viable option f paign). In all of 2008, in fact, only $156 mil- to compete against unlimited special lion was spent this way. In other words, interest dollars. HELPING EXPEDITE AND ADVANCE we’ve already surpassed 2008, and it’s July. My legislation would strengthen the RESPONSIBLE TRIBAL HOME In the near term, there’s nothing we can do OWNERSHIP ACT OF 2012 to reverse this dramatic increase in inde- public financing system and pendent expenditures. incentivize candidates to obtain sup- Mr. REID. Mr. President, I ask unan- Yet what really alarms us about this situa- port from actual citizens, not special imous consent the Committee on In- tion is that we can’t find out who is behind interest super PACs or secret fin- dian Affairs be discharged from further these blatant attempts to control the out- anciers. It would ensure that our prov- consideration of H.R. 205, and the Sen- come of our elections. We are inundated with en public financing system will be ate proceed to its immediate consider- extraordinarily negative advertising on tele- available for future elections, and that ation. vision every evening and have no way to corporate and special-interest money know who is paying for it and what their The PRESIDING OFFICER (Mr. agenda might be. In fact, it’s conceivable doesn’t drown out genuine ideas and MANCHIN). Without objection, it is so that we have created such a glaring loophole debates in our Presidential elections. ordered. in our election process that foreign interests For those of us who are committed to The clerk will report the bill by title. could directly influence the outcome of our fixing our campaign finance system in The legislative clerk read as follows: elections. And we might not even know it the wake of Citizens United, there is a A bill (H.R. 205) to amend the Act titled had happened until after the election, if at lot of challenging work ahead. I know ‘‘An Act to authorize the leasing of re- all. Coloradans agree with me that reform stricted Indian lands for public, religious, This is because unions, corporations, could be the single most important educational, recreational, residential, busi- ‘‘super PACs’’ and other organizations are issue to fix the way our democracy ness, and other purposes requiring the grant able to make unlimited independent expendi- of long-term leases’’, approved August 9, tures on our elections without readily and functions. As I have suggested, and as openly disclosing where the money they are we know, unfortunately Federal elec- 1955, to provide for Indian tribes to enter into certain leases without prior express ap- spending is coming from. As a result, we are tions are increasingly about who can proval from the Secretary of the Interior, unable to get the information we need to de- secretly appeal more to wealthy and and for other purposes. cide who should represent us and take on our special interests instead of working to country’s challenges. There being no objection, the Senate improve the lives of average and hard- Unlike the unlimited amount of campaign proceeded to consider the bill. working Americans. This sows corrup- spending, the lack of transparency in cam- Mr. REID. Mr. President, I ask unan- tion, dysfunction, and a government paign spending is something we can fix and imous consent that the bill be read a fix right now—without opening the door to that is less responsive to the needs of third time and passed, the motion to more scrutiny by the Supreme Court. the people. reconsider be laid upon the table, with A bill being debated this week in the Sen- Today we have an opportunity to no intervening action or debate, and ate, called the Disclose Act of 2012, is a well- start with a sensible requirement that researched, well-conceived solution to this any statements related to this matter we should all be able to agree on. Dis- insufferable situation. Unfortunately, on be printed in the RECORD. closure is nothing to be afraid of. I Monday, the Senate voted, mostly along The PRESIDING OFFICER. Without urge my colleagues to reconsider their party lines, to block the bill from going for- objection, it is so ordered. vote and to allow the Senate to at least ward. But the Disclose Act is not dead. As of The bill (H.R. 205) was ordered to a now, it is 9 short of the 60 votes it needs. debate the DISCLOSE Act. We cannot third reading, was read the third time, The bill was introduced by Senator Shel- afford to let another filibuster stand in and passed. don Whitehouse, Democrat of Rhode Island, the way of fair and open campaigns. The PRESIDING OFFICER. The Sen- who deserves tremendous credit for crafting Let’s pass the DISCLOSE Act and take such comprehensive legislation, listening to ator from Rhode Island. a big step toward turning the power of his critics and amending his bill to address our government back over to the f their concerns in a bold display of com- American people. promise. At its core, Whitehouse’s bill would DISCLOSE ACT OF 2012—MOTION TO require any ‘‘covered organization’’ which I note that the leader of this impor- PROCEED—Continued tant effort, the DISCLOSE Act, Sen- spends $10,000 or more on a ‘‘campaign-re- Mr. WHITEHOUSE. Mr. President, I lated disbursement’’ to file a disclosure re- ator WHITEHOUSE of Rhode Island, is on port with the Federal Election Commission the floor. I thank the Senator for his believe Chairman LEAHY will shortly be joining us to discuss the DISCLOSE within 24 hours of the expenditure, and to leadership and his commitment to en- file a new report for each additional $10,000 suring that it is the American people Act. or more that is spent. The F.E.C. must post who determine our future, not special I ask unanimous consent that an op- the report on its Web site within 24 hours of interests, super PACs, millionaires, bil- ed piece authored by former Senator receiving it. lionaires, and financiers who leave no Warren Rudman and former Senator A ‘‘covered organization’’ includes any cor- track and no trace of where their Chuck Hagel—two former Republican poration, labor organization, section 501(c) Senators who distinguished themselves organization, super PAC or section 527 orga- money is going and where it is coming nization. from. in this body and have gotten together to write an article about the DIS- This is a huge improvement over the sta- I yield the floor. tus quo, where super PACS currently have The PRESIDING OFFICER. The Sen- CLOSE Act—be printed in the RECORD. months to disclose their donors (often with- ator from Rhode Island. There being no objection, the mate- holding this information until after an elec- Mr. WHITEHOUSE. Mr. President, I rial was ordered to be printed in the tion) and 501(c) organizations have no re- thank the distinguished Senator from RECORD, as follows: quirement to disclose their donors at all. Colorado for his impassioned and elo- [From the New York Times, July 16, 2012] The report must include the name of the covered organization, the name of the can- quent support. I think we recognize FOR POLITICAL CLOSURE, WE NEED didate, the election to which the spending DISCLOSURE that through the course of our coun- pertains, the amount of each disbursement of try’s history, men and women have (By Warren Rudman and Chuck Hagel) more than $1,000, and a certification by the shed their blood, have laid down their Since the beginning of the current election head of the organization that the disburse- lives in order to protect this experi- cycle, extremely wealthy individuals, cor- ment was not coordinated. The report must

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In its Citizens United decision, could directly influence the outcome of our sive, now secret, contributions to buy the Supreme Court, by an 8–1 majority, elections and we might not even know it had influence in our elections. First of all, upheld the provisions of federal law that re- happened until after the election, if at all. it is not surprising because it is so quire outside spending groups to disclose This is because unions, corporations, darned obvious. It should be obvious to their expenditures on electioneering commu- ‘‘super PACs’’ and other organizations are any thinking person, as Senators Rud- nications, including the donors financing able to make unlimited independent expendi- man and Hagel said, that when some- those expenditures. Justice Anthony Ken- tures on our elections without readily and body is spending the kind of money nedy, writing for the Court, noted that these openly disclosing where the money they are provisions ‘‘impose no ceiling on campaign- spending is coming from. As a result, we are that is being spent—a single donor related activities’’ and ‘‘do not prevent any- unable to get the information we need to de- making, for instance, a $4 million one from speaking.’’ cide who should represent us and take on our anonymous contribution—they are not We believe that every senator should em- country’s challenges. doing that out of the goodness of their brace the Disclose Act of 2012. This legisla- Unlike the unlimited amount of cam- heart. They are not doing that just for tion treats trade unions and corporations paign spending, the lack of trans- the sheer fun of it. They are doing that equally and gives neither party an advan- parency in campaign spending is some- because they have a motive. One tage. It is good for Republicans and it is good doesn’t spend $4 million in politics if for Democrats. Most important, it is good for thing we can fix and fix right now— the American people. without opening the door to more scru- one doesn’t have a motive. If one What’s more, every senator considering re- tiny by the Supreme Court. thinks otherwise, one really needs to election faces the possibility of being A bill being debated this week in the wake up and have a cup of coffee. blindsided by a well-funded, anonymous cam- Senate called the DISCLOSE Act of If we add to that the insistence on paign challenging his or her record, integrity 2012 is a well-researched, well-con- the funding being secret, there is only or both. The act under consideration would ceived solution to this insufferable sit- one reasonable conclusion that a prevent this from happening to anyone run- thinking person can draw about why ning for Congress. uation. Unfortunately, on Monday the Without the transparency offered by the Senate voted, mostly along party lines, somebody who is spending that kind of Disclose Act of 2012, we fear long-term con- to block the bill from going forward. money with a motive would want their sequences that will hurt our democracy pro- But the DISCLOSE Act is not dead. As spending and their identity to be se- foundly. We’re already seeing too many of of now, it is 9 short of the 60 votes it cret, and that is because the motive is our former colleagues leaving public office needs. a crummy motive. It is a lousy motive because the partisanship has become stifling They then describe the bill and con- for the American people. If the Amer- and toxic. If campaigning for office continue: ican people were excited about the mo- tinues to be so heavily affected by anony- tive, they wouldn’t want to keep it se- mous out-of-district influences running neg- We believe that every senator should em- ative advertising, we fear even more incum- brace the DISCLOSE Act of 2012. This legis- cret. It is only because they want to do bents will decline to run and many of our lation treats trade unions and corporations bad deeds in the dark. most capable potential leaders will shy away equally and gives neither party an advan- When time permits again, I will go tage. It is good for Republicans and it is good from elective office. through some of the Republican Sen- No thinking person can deny that the cur- for Democrats. Most important, it is good for the American people. ators who have spoken out in favor of rent situation is unacceptable and intoler- disclosure and transparency in the able. We urge all senators to engage in a bi- What’s more, every Senator considering re- partisan effort to enact this critically need- election faces the possibility of being past. We all know from the debate last ed legislation. The Disclose Act of 2012 is a blindsided by a well-funded, anonymous cam- night that the minority leader has— prudent and important first step in restoring paign, challenging his or her record, integ- and I will yield to the chairman of the some sanity to our democratic process. rity, or both. The act under consideration Judiciary Committee as soon as he is would prevent this from happening to any- prepared—Senator ALEXANDER has been Mr. WHITEHOUSE. I think what I one running for Congress. would like to do is actually share some Without the transparency offered by the on record, as well as Senator CHAM- of the thoughts from it. DISCLOSE Act of 2012, we fear long-term BLISS, Senator SESSIONS, Senator COR- Here is what Senator Rudman and consequences that will hurt our democracy NYN, Senator MURKOWSKI, Senator COL- Senator Hagel, two former Republican profoundly. We are already seeing too many LINS, Senator BROWN of Massachusetts, Senators, say: of our former colleagues leaving public office Senator COBURN, and, of course, most because the partisanship has become stifling Since the beginning of the current election prominently and most courageously and toxic. If campaigning for office con- over a long period of time and with cycle, extremely wealthy individuals, cor- tinues to be so heavily affected by anony- great distinction, Senator JOHN porations and trade unions—all of them de- mous, out-of-district influences running neg- termined to influence who is in the White ative advertising, we fear even more incum- MCCAIN. House next year—have spent more than $160 bents will decline to run and many of our So at this moment, I will yield to my million. most capable potential leaders will shy away distinguished chairman and friend, the Excluding party expenditures. from elective office. chairman of the Judiciary Committee. That’s an incredible amount of money. No thinking person can deny that the cur- To put it in perspective, at this point in I appreciate him giving his voice to rent situation is unacceptable and intoler- this debate. 2008, about $36 million had been spent on able. We urge all senators to engage in a bi- independent expenditures. partisan effort to enact this critically need- The PRESIDING OFFICER. The Sen- Independent meaning independent of a can- ed legislation. The DISCLOSE Act of 2012 is ator from Vermont. didate’s campaign. a prudent and important first step in restor- Mr. LEAHY. Mr. President, I appre- In all of 2008, in fact, only $156 million was ing some sanity to our Democratic process. ciate what the Senator from Rhode Is- spent this way. In other words, we’ve already surpassed 2008, and it’s July. Then the article closes by identifying land has done. He has been a champion In the near term, there’s nothing we can do the authors: Former Senator Warren on this not only in the public forum on to reverse this dramatic increase in inde- Rudman, Republican of New Hamp- this floor of the Senate, but he has pendent expenditures. shire, is a chairman of Americans for been a champion in the cloakrooms, in These two distinguished former Re- Campaign Reform, and former Senator the committee rooms; everywhere we publican Senators wrote: Chuck Hagel, Republican of Nebraska, have been speaking about it, he has Yet what really alarms us about this situa- introduced disclosure legislation in been most consistent. The people of tion is that we can’t find out who was behind 2001. Rhode Island are very fortunate to these blatant attempts to control the out- While we await my colleagues who have somebody with such a strong come of our elections. We are inundated with are scheduled to come to the floor, let voice.

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11398 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 For the last two and a half years, the litical campaigns—a State law that Senate can take action. By passing the American people have seen the dev- had been enacted by the people of Mon- DISCLOSE Act, we can restore trans- astating effects of the Citizens United tana because they had seen the perva- parency and accountability to cam- decision. That decision by five Su- sive and sometimes evil effects of these paign finance laws by ensuring that all preme Court Justices overturned a cen- corporate contributions. In doing so, Americans know who is paying for tury of laws—a century of laws that they broke down the last public safe- campaign ads. It is a crucial step to- have been supported by Republicans guards preventing corporate mega- ward restoring the ability of and Democrats alike—designed to pro- phones from drowning out the voices of Vermonters and all American voters to tect our elections from corporate hard-working Americans. be able to speak, be heard and to hear spending. And what these five men did There is no doubt about it. In our competing voices, and not be drowned is they unleashed a massive flood of State of Vermont, we have a town out by powerful corporate interests. corporate money into our elections. meeting day. People come in. They can For any of us who are in an election, Now, many of us in the Congress and express any view they want, but you we expect our opponent to be able to around the country were worried at the know who is expressing it. You know speak out, and the public expects it. time of the Citizens United decision whether it is John Jones or Mary They want to hear from both of us. And that it turned on its head the idea of Smith. You know if it is the head of a they should. That is why we have de- government of, by, and for the people. local company or somebody speaking bates. That is why we have candidate We worried that the decision created for a workers union. You know who is forums. But it all becomes irrelevant if new rights for Wall Street at the ex- speaking, and you know that you have you have a huge megaphone, paid for pense of people on Main Street. We just as much right and ability to an- by anonymous donors, anonymous cor- worried that powerful corporate mega- swer as they did in speaking. Now we porations. phones could drown out the voices and are saying: No, no; unless you are a When I cosponsored the first DIS- interests of individual Americans. I wealthy corporation willing to hide CLOSE Act after the Supreme Court’s wish I didn’t have to say this, but two who is speaking, you are not going to decision in 2010, I hoped Republicans and a half years later, it is clear these be heard. would join with Democrats to mitigate worries were supremely valid, and the The Supreme Court decisions not the impact of the Citizens United deci- damage is devastatingly real. only go against longstanding laws and sion. From the depths of the Watergate Since the Citizens United decision legal precedence but also common scandal forward, until only recently, struck down longstanding prohibitions sense. Contrary to at least what one the principle of disclosure was a bipar- on corporations from direct spending in candidate has said, corporations are tisan value. A clear-cut reform such as political campaigns, hundreds of mil- not people. Corporations are not the the DISCLOSE Act would have easily lions of dollars from undisclosed and same as individual Americans. Cor- drawn bipartisan support in those days unaccountable sources have flooded the porations do not have the same rights, after Watergate. I hoped that Senate airwaves with a barrage of negative ad- the same morals, or the same interests. Republicans, like my friend from Ari- vertisements. Nobody who has watched Corporations cannot vote in our de- zona, Senator JOHN MCCAIN, who once our elections or even tried to watch mocracy. We could elect General Eisen- championed the bipartisan McCain- television since the Citizens United de- hower as President, but General Elec- Feingold campaign finance law, which cision can deny the enormous impact tric and General Motors cannot serve I supported, would join with us to help that decision has had on our political as the President. But if you go to the ensure that corporations could not process. Everywhere I go in Vermont, logic of these Supreme Court decisions, abuse their newfound constitutional people say: Who is behind these ads? it virtually says: Let’s elect General rights. Regrettably, every single Re- Many of them find them offensive in Electric or General Motors as Presi- publican joined to successfully fili- Vermont. dent. The fact is, these are artificial buster the DISCLOSE Act in 2010, and They say: Who is behind these ads? legal constructs meant to facilitate despite a majority in the House and a I say: I don’t know. business. The Founders understood majority in the Senate and the Amer- They say: Well, you are a U.S. Sen- this. The Founders knew we were not ican people voting and being in favor of ator. What do you mean you don’t going to allow corporations either to passing this disclosure law, it fell one know? vote or to take over our electoral proc- vote short from breaking a Republican I say: Because the Supreme Court has ess. Vermonters and Americans across filibuster in the Senate—one vote, but allowed people to hide who is paying this great country have long under- not a single Republican would stand for them, even though they are doing it stood this. Apparently five members of and help us restore some of the core to advance their economic interests, the Supreme Court did not understand disclosure aspects of McCain-Feingold. often to the exclusion of everybody this. Senate Republicans are continuing else’s; even though they are wanting to Like most Vermonters, Republicans their filibuster of this commonsense give themselves an advantage that all and Democrats alike, I strongly believe legislation. By filibustering it, they the rest of the people won’t have. something must be done to address the deny the American people an open, Nobody who has strained to hear the divisive and corrosive decision of the public, and meaningful debate on the voices of the voters lost among the Supreme Court in Citizens United. importance of transparency and ac- flood of noise from super PACs can That decision was wrong, the damage countability in our elections. Last deny that by extending first amend- must be repaired, and the harmful night they again filibustered this bill ment rights in the political process to ways it is skewing the democratic even though a majority in this Senate corporations, the Supreme Court put at process must be fixed. That is why I voted in favor of it. In fact, they re- risk the rights of individual Americans held the first congressional hearing on fused to even proceed to debate on the to speak to each other and, crucially, that terrible decision in the weeks bill in the Senate. to be heard. Yet, just last month, with- after it was issued. That is why we Despite the clear impact of waves of out a hearing—without even allowing have scheduled a hearing next week in unaccountable corporate campaign Americans’ voices to be heard—the the Senate Judiciary Committee’s con- spending that has led Senator MCCAIN same five Justices who in Citizens stitution subcommittee, led by the dis- to now concede that super PACs are United ran roughshod over long- tinguished Senator from Illinois, Mr. ‘‘disgraceful,’’ a minority in the Sen- standing precedent to strike down key DURBIN, to look at proposals for con- ate, consisting exclusively of Repub- provisions of our bipartisan campaign stitutional amendments to address licans, continue to prevent passage of finance laws doubled down on Citizens Citizens United. this important law. Why are they United when they summarily struck But today, without waiting the years against this bill? Why, when so many down a 100-year-old Montana State law and years and years that a constitu- Senators of both parties used to cham- barring corporate contributions to po- tional amendment might take, the pion disclosure laws and Senators of

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11399 both parties used to support knowing millions of Americans from partici- Vermonters, I cherish the voters’ role who is paying for campaign ads, do pating openly. I follow a rule of releas- in the democratic process and am a they continue to prevent us from having every single donor to my campaign, staunch believer in the first amending a debate? Why, when the Supreme and I think we had one for 85 cents ment. The rights of Vermonters and all Court made clear even in the Citizens once that got disclosed. Americans to speak to each other and United decision that disclosure laws We have seen some on the other side to be heard should not be undercut by are constitutional, does the Senate Re- of this debate disgracefully compare corporate spending. publican leadership insist on stalling the attempt we are making—to ensure I hope that Republicans who have the reform? that the same disclosure laws that seen the impact of waves of unaccount- What happened to those Americans apply to you and me also apply to cor- able corporate campaign spending re- who said that our elections should be porations—to the shameful effort in consider their filibuster of a debate on open? What happened to those Ameri- the 1950s and 1960s to keep African this important legislation. I hope Re- cans who said we ought to know who is Americans from exercising their right publican Senators will let us vote on involved in these elections? There to vote. There the chilling effect often the DISCLOSE Act and help us take an should be only one thing secret in our took the form of violence. We all re- important step to ensure the ability of elections: your secret vote, your right member the bridge at Selma and the every American to be heard and to be to vote in secret—one person, one vote. blood that was spilled in the long effort able to meaningfully participate in free But nothing should say that there for voting rights that led to the Voting and fair elections. should be a powerful, hidden, secret Rights Act. At a time when we are see- Mr. President, I yield to Senator hand overwhelming the voters of Amer- ing a renewed effort to deny millions of WHITEHOUSE. ica in telling them how they should Americans their right to vote through Mr. WHITEHOUSE. Mr. President, I vote. voter purges and voter ID laws that thank Chairman LEAHY. We know disclosure laws can work serve as modern-day poll taxes, the I ask unanimous consent, in terms of because they do work for individual comparison some have made between scheduling floor time, that Senator Americans donating directly to polit- our effort to bring sunlight and those MANCHIN of West Virginia be recog- ical campaigns. Mr. President, when evil days is as shameful as it is wrong. nized now for up to 5 minutes; that you or I give money directly to a polit- When the race is on for secret money Senator MCCAIN, if he is on the floor, ical candidate, our donation is not hid- and election campaigns are won or lost be recognized at the conclusion of Sen- den. It is publicly disclosed. And that by who can collect the largest amount ator MANCHIN’s 5-minute period; and if candidate—people can look at who has of secret donations, it puts at risk gov- Senator MCCAIN is not present on the supported him or her, and that goes ernment of, by, and for the people. floor, that I be recognized in his stead. into their thoughts as to whether they Now, our ballots should be secret but The PRESIDING OFFICER (Mr. will vote for them. Yet those who op- not massive corporate campaign con- LEAHY). Without objection, it is so or- pose the DISCLOSE Act are standing tributions. dered. up for special rights for corporations I can tell you what I am fighting for. The Senator from West Virginia. and wealthy donors—rights, Mr. Presi- While too many Vermonters and other Mr. MANCHIN. Mr. President, I rise dent, you and I do not have. Americans are still looking for work, today to address the disturbing role We have seen since Citizens United we need to continue looking for ways that money is playing in our politics, that the line the Supreme Court imag- to spur job growth and economic in- especially when it comes to anonymous ined existed between individual cam- vestment in this country. We have to groups with deep pockets that are try- paigns and the super PACs is an all but continue our efforts to increase jobs, ing to tear people down. There is no meaningless one, as super PACs have reduce unemployment, and support question this is a corrosive situation poured more and more money into in- hard-working American families strug- and it is hurting our democracy. fluencing election campaigns. In re- gling to keep food on the table and a When you have unaccountable out- ality, super PACs have simply become roof over their heads. We have to pro- side groups with virtually unlimited a way to funnel secret, massive, non- tect Americans’ access to clean air and pockets, more and more lawmakers— disclosed donations to political cam- clean water. We have to fight for their all of us included—have to spend more paigns. The Citizens United decision economic security by protecting Social time dialing for dollars that takes us has allowed corporations and large do- Security, Medicare, and Medicaid. We away from legislating. That is simply nors to evade the disclosure laws that need to work together to move forward backwards, sir. Elected officials should apply to you and me by giving money with reasonable policies to bolster eco- be working on fixing our problems, not to groups that then fund super PACs, nomic growth and development and by having to worry every minute of every as a way of laundering the money and ending the Bush tax cuts for the day about raising money so you can be keeping secret the real funders of these wealthiest Americans—the tax cuts we protective or fend off people who are campaign ads. cannot afford that contributed to the attacking you. And the effects are very If the average Vermonter wants to financial crisis facing us today. clear: This Congress has stalled when it contribute to my campaign or my op- That is what I am fighting for and I comes to tackling our biggest problems ponent’s campaign, that is going to be will keep on fighting for those things. as a nation, but we are raising more public. People are going to know, and What are the secret sources of funding money in politics than ever before. they will make their decisions. Part of for the super PACs fighting for? What Those priorities in my State of West their decision will be based on who sup- do they expect to gain from hundreds Virginia are totally out of order, and ports us. But when you have a secret— of millions in campaign ads? And why we need to do something to change the a secret—wealthy entity supporting are they hiding? system. I am not alone with this con- you, nobody knows who it is. And none Vermont is a small State. It would cern. In private, I have talked to my of these entities use their real names. not take more than a tiny fraction of fellow Senators on both sides, Demo- They are always for good government, the corporate money flooding the air- crats and Republicans, who basically for clean air, for motherhood and apple waves in other States to outspend all say they are spending more time rais- pie, for the sun rising in the east and of our local candidates combined. I ing money for reelection and that con- setting in the west. There is no reason know that the people of Vermont, like stant fundraising events interfere with those funding these super PACs should all Americans, take seriously their the everyday business of governing this not be bound by the same disclosure civic duty to choose wisely on election great Nation in the time they are rules for giving directly to campaigns. day. That is why more than 60 Vermont spending to do that. Public disclosure of donations to can- towns passed resolutions on Town I try to spend time in my great State didates has never chilled campaign Meeting Day calling for action to ad- of West Virginia every weekend. I can funding, and it has never prevented dress Citizens United. Like all tell you the people of West Virginia are

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11400 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 also deeply troubled by the increasing tion or individual spends $10,000 or icism about the state of politics in our role money is playing in our politics. more on a campaign-related expense— country. No legislative measure or Su- Ever since the Supreme Court decision that is the issue that is very impor- preme Court decision will completely on the Citizens United campaign fi- tant, campaign-related expense—they free politics from influence peddling or nance case, we have seen outside have to file a disclosure report with the the appearance of it. But I do believe groups unleash an unprecedented flood Federal Elections Commission within that fair and just reforms will move of money to sway elections, and we 24 hours. Every one of us who runs for many Americans, who have grown have seen it time and again in West office has to disclose every penny we more and more disaffected from the Virginia over the past several years. get. It should be that way. Some practices and institutions of our de- I was deeply troubled by some statis- States, such as our sister State of Vir- mocracy, to begin to get a clearer un- tics about how few Americans are in- ginia, already have a transparency and derstanding of whether their elected volved in financing elections. This is disclosure law, and it has not stifled representatives value their commit- cited by Professor Lawrence Lessig, a free speech there, nor does this provi- ment to our Constitution more than campaign finance expert, in The Atlan- sion affect organizations’ regular oper- their own incumbency. tic. ations. The disclosure is only required For far too long, money and politics Let me put this issue in perspective when organizations and individuals have been deeply intertwined. Anyone for our viewers and my colleagues. The spend money on campaigns or try to who has ever run for a Federal office population of this country is approxi- influence elections. will assure us of the fact that can- mately 311 million people. We live in Instead, this bill makes sure every didates come to Washington not seek- this great United States of America. A person and organization plays fairly ing wisdom or ideas but because they tiny number of those Americans—only and by the same rules. Whether those need help raising money. The same 806,000 people out of the 311 million— organizations or individuals are in the candidates will most likely tell us they give more than $200 to a congressional middle, the left, the right, forward, are asked one question when they an- campaign. To break that down even backward or upside down, they have to nounce they are going to seek office. further, only 155,000 out of the 311 mil- play by the same rules. Unfortunately, it is not how they feel lion contribute the maximum amount In fact, I truly believe this provision about taxes or what is their opinion of to any congressional candidate. will take an important step forward to the role of government. No, the ques- Then look at the people who partici- increase transparency and account- tion they are asked is: How are you pate in a number of elections who give ability. That seems only right and fair going to raise the money? Couple that more than $10,000 in an election cycle— to me. I am proud to cast my vote in sad reality with the dawn of the super the maximum they can give to a can- favor of the DISCLOSE Act. PAC spending from corporate treas- didate and to other candidates—and of I yield the floor. uries and record spending by big labor those people in the United States of The PRESIDING OFFICER. The Sen- and one can easily see a major scandal America out of the 311 million, only ator from Arizona is recognized. is not far off, and there will be a scan- 31,000 Americans do that. Mr. MCCAIN. Mr. President, here we dal, mark my words. The American Let me break it down to even the are with 41 months of over 8 percent people know it and I know it. super PACs—the money that comes unemployment in America, and the na- Reform is necessary, but it must be from the super PACs. Just in this Pres- tional defense authorization bill is lan- fair and just and this legislation is not. idential election so far, there are only guishing in the shadows while we con- I say that from many years of experi- 196 Americans out of 311 million—only tinue to have this debate and, obvi- ence on this issue. 196 people—who have given hundreds of ously, there is no doubt in most peo- A recent Wall Street Journal article millions of dollars. They account for 80 ple’s minds that—with the full knowl- by Tom McGinty and Brody Mullins, percent of the funding so far. That is edge of the sponsors of this legislation titled ‘‘Political Spending by Unions unheard of. that it will not pass—it is obviously for Far Exceeds Direct Donations,’’ noted First of all, let me thank Senator certain political purposes. that organized labor spent about four WHITEHOUSE of Rhode Island. He has I oppose cloture on the motion. My times as much on politics and lobbying been truly a champion of common reasons for opposing this motion are as originally thought—$4.4 billion from sense, bringing this together and bring- simple, even though the subject of 2005 to 2011. According to the Wall ing all sides together. Some of my campaign finance reform is not. In its Street Journal’s analysis, unions are friends would say spending money to current form, the DISCLOSE Act is spending far more money on a wider influence an election is their first closer to a clever attempt at political range of political activities than what amendment right of freedom of speech. gamesmanship than actual reform. is reported to the Federal Election To my friends, I understand and re- By conveniently setting high thresh- Commission. The report plainly states: spect their concerns. But I truly be- olds for reporting requirements, the This kind of spending, which is on the rise, lieve the DISCLOSE Act will not limit DISCLOSE Act forces some entities to has enabled the largest unions to maintain their freedom of speech. Instead, it will inform the public about the origins of and in some cases increase their clout in prevent the anonymous political cam- their financial support, while allowing Washington and state capitals, even though paigning that is undermining our de- others—most notably those affiliated unionized workers make up a declining share with organized labor—to fly below the of the workforce. The result is that labor mocracy. could be a stronger counterweight than com- The people of West Virginia believe Federal Election Commission’s regu- monly realized to ‘‘super PACs’’ that today we need openness and transparency to latory radar. raise millions from wealthy donors, in many stay informed and keep our democracy My colleagues are aware that I have cases to support Republican candidates and strong, and the DISCLOSE Act would a long history of fighting for campaign causes. do that. The people of this country finance reform and to break the influ- The hours spent by union employees work- have a right to know who is spending ence of money in American politics. ing on political matters were equivalent in large amounts of money to influence Regardless of what the U.S. Supreme 2010 to a shadow army much larger than Court may do or say, I continue to be President Obama’s current re-election staff, elections. This bill would make the in- data analyzed by the Journal show. formation available. proud of my record because I believe The report goes on to note: I ask unanimous consent for 2 more the cause to improve our democracy minutes. and further empower the citizens of our Another difference is that companies use The PRESIDING OFFICER (Mr. country was and continues to be worth their political money differently than unions do, spending a far larger share of it on lob- TESTER). Without objection, it is so or- fighting for. bying, while not undertaking anything dered. But let’s be clear. Reforms that we equivalent to unions’ drives to persuade Mr. MANCHIN. In fact, the measure have successfully enacted over the members to vote as the leadership dictates. is quite simple. Anytime an organiza- years have not cured all the public cyn- Corporations and their employees also tend

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11401 to spread their donations fairly evenly be- The authors of this bill insist it is My former colleague from Wisconsin, tween the two major parties, unlike unions, fair and not designed to benefit one Senator Feingold, and I set out to which overwhelmingly assist Democrats. In party over the other. Sadly, the stated eliminate the corrupting influence of 2008, Democrats received 55 percent of the $2 intent doesn’t comport with the facts. soft money and to reform how our cam- billion contributed by corporate PACs and company employees, while labor unions were The DISCLOSE Act is written to bur- paigns are paid for. We vowed to be responsible for $75 million in political dona- den labor unions significantly less than truly bipartisan and to do nothing tions, with 92 percent of it going to Demo- the other groups. In the United States, which would give one party a political crats. there are roughly 14 million to 16 mil- advantage over the other. The fact is The traditional measure of unions’ polit- lion union members, each of whom is this gives one party an advantage over ical spending—reports filed by the FEC— required to pay dues to its local union the other. undercounts the effort unions pour into poli- chapter. Historically, these local union I say with great respect to the Sen- tics because the FEC reports are mostly chapters send a portion of their reve- ator from Rhode Island, the way I based on donations unions make to indi- began campaign finance reform is I vidual candidates from their PACs, as well as nues up to their affiliated larger spending on campaign advertisements. ‘‘international’’ labor unions. And found a person on the other side of the Unions spend millions of dollars yearly while each union member’s dues may aisle who was willing to work with me, paying teams of political hands to contact be modest, the amounts that ulti- and we worked together on campaign members, educating them about election mately flow up to the central political finance reform. The Senator from issues and trying to make sure they vote for arms are vast. The DISCLOSE Act pro- Rhode Island and the sponsors of this union-endorsed candidates. bill have no one on this side of the Such activities are central to unions’ polit- tects this flow of money in two distinct ways: No. 1, organizations that engage aisle. By not having anyone on this ical power: The proportion of members who side of the aisle, the Senator from vote as the leadership prefers has ranged in political conduct are only required from 68 percent to 74 percent over the past to disclose payments to it that exceed Rhode Island has now embarked on a decades at AFL–CIO-affiliated unions, ac- $10,000 in a 2-year election cycle, mean- partisan enterprise. cording to statistics from the labor federa- ing the local union chapter will not be I suggest strongly to the sponsors of tion. required to disclose the payments of in- the bill—if they are serious about cam- Additionally, a February 22, 2012, dividual union members to the union paign finance reform and about curing the evils going on now—they approach Washington Post article, titled ‘‘Union even if those funds will be used for po- Members on this side of the aisle and Spending for Obama, Democrats Could litical purposes. Top $400 million in 2012 Election.’’ What is the final difference between make sure our concerns about the role AFSCME reportedly expects to spend one $10,000 check and 1,000 $10 checks? of labor unions in this financing of po- $100 million ‘‘on political action, in- Other than the impact on trees, very litical campaigns are addressed as well. It is too bad—it is too bad—that cluding television advertising, phone little. So why should one be free from Members on that side of the aisle are banks and member canvassing, while having to disclose its origin? the SEIU plans to spend at least $85 No. 2, the bill exempts from the dis- now orchestrating a vote which is strictly partisan in nature when they million in 2012. closure requirements transfers from af- know full well the only way true cam- With that analysis, combined with filiates that do not exceed $50,000 for a paign finance reform will ever be en- the $1.1 billion the unions reported to 2-year election cycle. As a result, acted by the Congress is in a bipartisan the FEC from 2005 to 2011, and the addi- unions would not have to disclose the fashion. This is a partisan bill, and I tional $3.3 billion unions reported to transfers made to it by many of its am disappointed we are wasting the the Labor Department over the same smaller local chapters. Given the con- time of the Senate on a bill—and on a period on political activity, the need trast between union and corporate cause that is of utmost importance, in for equal treatment of political advo- structures, this would allow unions to my view—in a partisan fashion. cacy under the law becomes readily ap- fall beneath the bill’s threshold limits. Mr. President, I yield the floor. parent. I repeat, the need for equal For local union chapters, this anonym- The PRESIDING OFFICER. The Sen- treatment of political advocacy under ity is probably pretty important be- ator from Rhode Island. the law becomes readily apparent. cause, among other effects, it prevents Mr. WHITEHOUSE. Mr. President, Given the strength and political mus- union chapter members from learning before I yield the floor to Senator cle behind all these figures, it is easy how much of their dues payments are SANDERS, I wanted to take 1 minute to understand why disclosure may being used on political activities. and thank Senator MCCAIN for his sound nice, but unless the treatment is While the exemptions outlined in the many years of principled advocacy in completely fair, taking into account DISCLOSE Act may be facially applied this area. People have written entire the diverse nature and purpose of dif- to business organizations and associa- books about the work he has done. I ferent types of organizations, disclo- tions, it is apparent to me the unions’ think it was Elizabeth Drew who wrote sure requirements will likely be used unique pyramid-style, ground-up, one of the best books about the cour- to give one side a political advantage money-funneling structure would allow age Senator MCCAIN has shown over over another. That is just one of the unions to not be treated equally by the the years. So I come to this debate flaws of the bill before us today. DISCLOSE Act. Unlike unions, most with enormous respect for him. The DISCLOSE Act would have little organizations do not have thousands of I will say the bill is not bipartisan, impact on unions because of the con- local affiliates where they can pull up but that is not for lack of trying. We venient thresholds for reporting. But it to $50,000 in ‘‘affiliate transfers.’’ have reached out over and over again. would have a huge effect on associa- I have been involved in the issue of In the face of an absolute stonewall on tions and other advocacy groups. From campaign finance reform for most of this subject, we have changed the bill my own experience, I can state without my career. I am proud of my record. I ourselves in order to accommodate question that real reform—and, in par- am supportive of measures which call concerns. The stand-by-your-ad provi- ticular, campaign finance reform—will for full and complete disclosure of all sion was criticized by the Republican never be attained without equal treat- spending in Federal campaigns. I re- witness in the Rules Committee, so we ment of both sides. A half dose of cam- affirmed this commitment by submit- removed it. The National Rifle Asso- paign finance reform will be quickly— ting an amicus brief to the U.S. Su- ciation was livid about the $600 thresh- and rightly—labeled as political favor- preme Court regarding campaign fi- old because it would require them to itism and will undermine future oppor- nance reform along with the author of disclose their members, so we raised it tunities for true progress. Further- the DISCLOSE Act. This bill falls to $10,000. Over and over, where there more, these sorts of games and meas- short. The American people see it for have been substantive objections to the ures will only make the American peo- what it is: Political opportunism at its bill, we have met them. ple more cynical and have less faith in best, political demagoguery at its At this point, not one Republican— what we do. worst. for all of our contacts across the

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11402 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 aisle—has expressed anyplace in this Economically, what we see are fewer provision. The American people are not bill where an amendment could be and fewer people who control our econ- stupid. They understand if somebody is made. We have never been given any omy. We see a nation which has the going to spend hundreds of millions of language, we have never been shown most unequal distribution of wealth dollars on political activities they the area that, in theory, is better for and income of any major country on want something. That is what it is the unions. It is, as Senator MCCAIN Earth, in which the top 1 percent of our about. himself admitted, facially applied to Nation owns 40 percent of the wealth Why do people make campaign con- corporations and unions and other or- and the bottom 60 percent owns 2 per- tributions? Many of us get a whole lot ganizations alike. cent of the wealth. That gap between of campaign contributions from folks I would refer back to the op-ed in to- the very wealthy and everybody else is who give us $25, $30, $40. Most of my day’s New York Times by Republican growing wider and wider. That is campaign contributions come from former Senators Rudman and Hagel wealth in terms of income distribution. people who give us less than $200. But if agreeing this is, in fact, a fair bill. It is The situation is even worse. The last somebody is going to spend hundreds of balanced among all parties, and all study we have seen suggests that 93 millions of dollars on a campaign, I Senators should support it. percent of all new income between 2009 think the American people have a right With that, I yield the floor to my col- and 2010 went to the top 1 percent. So, to know who that is and what they league, Senator SANDERS, with appre- economically, we are moving toward a want; who is taking that money and ciation for allowing me that moment of nation in which a few people have a what those contributors are going to his time. significant amount of the wealth of get in return. The PRESIDING OFFICER. The Sen- America—significant amount of the in- If you are a billionaire and you want ator from Vermont. come of America in terms of con- lower taxes, have the courage to say: Hey, I am a billionaire. I am putting Mr. SANDERS. Mr. President, I centration of ownership. We see a situ- money into a party, and what I am thank Senator WHITEHOUSE, Senator ation in which six financial institu- going to get out of it is lower taxes for SCHUMER, and all those who have been tions on Wall Street have assets equiv- the rich. If I am somebody in a cor- working so hard on this enormously alent to two-thirds of the GDP of the poration that is polluting the air and important issue which has everything United States of America—over $9 tril- the land and the water, and I want to to do with whether our country re- lion controlled by six financial institu- get rid of those regulations, have the mains the kind of democracy most of tions. And the recklessness, greed, and guts to come forward and say: Yeah, us want it to be. illegal behavior of those financial in- that is what I want. I want to evis- I come to the Senate floor today to stitutions are what drove us into the express my profound disgust with the cerate the EPA. I don’t care that chil- recession we are struggling with right dren in Vermont or Rhode Island get current state of our campaign finance now. system and to call for my fellow Sen- sick, that is what I want. So now, as a nation, the trends are So what this is about is fairly ele- ators, as a short-term effort, to pass that fewer and fewer people own the mentary. What this is about is simply the DISCLOSE Act. Passing the DIS- wealth of America and fewer and fewer having those people, those institutions, CLOSE Act would be an important step large corporations control the economy those corporations and unions that are forward, but clearly we have much of America. But, apparently, that is putting more than $10,000 into the po- more to do on this issue. not good enough for the 1 percent, for litical process reveal who they are. Long term, of course, we need a con- our millionaire and billionaire friends, What concerns me very much about stitutional amendment to overturn because now they want to take that this whole process—and I think con- this disastrous Supreme Court deci- wealth and exercise it even more than cerns the American people—is while sion—the Citizens United 5-to-4 deci- has been the case in the past in the po- our middle class disappears and pov- sion of 2 years ago. Long term, in my litical realm. That takes us now to erty increases, while the gap between view, we also need to move this coun- Citizens United. the very wealthy and everybody is try toward public funding of elections In the real world, we all know what is growing wider, it appears very clear so that once and for all big money will going on with Citizens United. We right now these folks are not content, not dominate our political process. know billionaires are saying: Look, the top 1 percent is not content with Long term, there is no question in yeah, it is great I own an oil company. simply owning the economy, with con- my mind that Citizens United will go It is great that I own a coal company. trolling the economy. They now want down in history as one of the worst de- It is great that I own gambling casinos. to control, to an even greater degree cisions ever rendered by a U.S. Su- But, gee, I could have even more fun by than is currently the case, the political preme Court. Five members of the owning the United States Government. process as well. That is what these Court came to the bizarre conclusion So we have entities out there who are campaign contributions of hundreds of that corporations should be treated as worth some $50 billion—and the Koch millions of dollars are about. if they were people; that they have a brothers come to mind. If you are When I think back on the history of first amendment right to spend as worth $50 billion and you have all this country and the enormous sac- much money as they want to buy can- kinds of interactions with the Federal rifices men and women made defending didates, to buy elections. Somehow, in Government and you have strong polit- the American ideal—the ideal that was the midst of all of this unbelievable ical views, why wouldn’t you spend $400 the vision to the entire world. The en- amount of spending millions and mil- million—which is what the media says tire world looked to the United States lions of dollars, the Supreme Court that family is going to spend, and for what a strong democracy was came to the conclusion this would not maybe even more—if you can purchase about—one person, one vote. In my even give the appearance of corruption. the United States Government. That is State of Vermont, we have meetings I think that is, frankly, an absurd con- not a bad investment. and people come out—one person, one clusion. That is what Citizens United is vote—to discuss the municipal town Mr. President, let me tell you—and about. It is billionaires spending huge budget, to discuss the school budget. my take on this may be a little dif- amounts of money without disclosure— And now we have evolved to a situation ferent than some of my colleagues— without disclosure. where one family can spend $400 mil- what concerns me most about the Citi- I would have gone further than this lion buying politicians, buying elec- zens United decision. If we look at Citi- bill, but this bill is certainly an impor- tions. That is a long way away from zens United in tandem with other tant step forward. What does it re- what democracy is supposed to mean in trends in our economy today, what we quire? It says if someone is going to this country. The DISCLOSE Act is a see is this Nation is rapidly moving spend more than $10,000 in a campaign very important first step forward, and from an economic and political society they have to make public who they are. I hope we can get strong support for to an oligarchic form of society. I don’t think that is a terribly onerous that important piece of legislation.

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11403 Mr. President, I yield the floor. THE DREAM ACT been abused to this extent. The Presi- The PRESIDING OFFICER. The Sen- Mr. GRASSLEY. Mr. President, last dent is claiming the Secretary will im- ator from Rhode Island. September, President Obama responded plement this directive using prosecu- Mr. WHITEHOUSE. Mr. President, I to amnesty proponents, denying that torial discretion. However, millions of want to follow up a bit on what I said he had authority to unilaterally grant immigrants coming here illegally will I would do earlier, because this has special status to individuals who may be instructed to report to the U.S. Citi- been in some respects half a debate. be eligible under the DREAM Act. zenship and Immigration Service and Other than my friend Senator MCCAIN The DREAM Act has been around the proactively apply. This is not being who has courageously fought on this Senate for discussion for about a dec- done on a case-by-case basis as they issue for some years, we have not heard ade, and in different forms. It has been want to make it appear. much from the other side of the aisle voted down several times by this The President’s directive is an af- here, so in some respects it is only half body—mostly because the leader won’t front to our system of representative of a debate. In another respect, of allow for an amendment process to im- government and the legislative proc- course, it is no debate at all, because prove the bill; otherwise, it probably ess, and it is an inappropriate use of we are in a filibuster situation with the could have been worked upon. executive power based upon what he Republicans blocking us actually going A few months ago when asked by am- said last September, that he didn’t to the Senate debate on this bill. So nesty advocates to push the bill have the authority to do this. The while it is debate in the lay sense of through Executive order, President President bypassed Congress because the word—it is a discussion—it is not Obama said this: he couldn’t lead on immigration re- Senate debate on the floor, because we This notion that somehow I can just form, and he couldn’t work in a bipar- stand here being filibustered with a change the laws unilaterally is just not true. tisan manner on an issue that involves majority of Senators who demon- The fact of the matter is there are laws on undocumented young people. strably support going to this bill. the books that I have to enforce. And I think The President’s directive runs con- there’s been a great disservice done to the I said I would describe some of the trary to the principle that American cause of getting the DREAM Act passed and workers must come before foreign na- things my Republican colleagues have getting comprehensive immigration passed said in the past about disclosure, so let tionals. His policies only increase com- by perpetrating the notion that somehow, by petition for American students and me begin doing that. myself, I can go and do these things. It’s just workers who struggle to find employ- Senator MCCONNELL, of course, has not true. We live in a democracy. You have very publicly been in favor of it. That to pass bills through the legislature, and ment in today’s economy. And that un- may relate to the fact that a report by then I can sign it. employment is 8.2 percent official, 11 or 12 percent unofficial. the Corporate Reform Coalition went But 1 month ago, President Obama According to the Bureau of Labor State by State, and the Republican continued his ‘‘we can’t wait’’ cam- Statistics, the unemployment rate leader’s home State of Kentucky has a paign and circumvented Congress, again, to significantly change the law among the age group 16 to 24 has been ban on independent expenditures by nearly 17 percent for the last year. Ac- all by himself. On June 15, he an- corporations in its State constitution. cording to a Gallup poll conducted in nounced that the Department of Home- Its State constitution bans the conduct April of this year, 32 percent of the 18- land Security would lay out a process that is at issue here. Kentucky has dis- to-29-year-olds in the U.S. workforce, if by which immigrants who have come closure provisions that require disclo- not unemployed, are underemployed. sure when independent expenditures of here illegally could apply for relief and The President’s plan to get people over $500 are made in any one election. remain in the United States without back to work is to grant immigrants He is here objecting to a $10,000 limit, the fear of deportation. So what has who come here illegally a work author- and Kentucky disclosure provisions changed in the last 9 months, when the ization. He must be seriously out of ‘‘require disclosure when independent President of the United States said last touch if he doesn’t think there is com- expenditures of over $500 are made in September that he could not unilater- petition already for American workers. any one election.’’ It further requires ally grant amnesty? Now I wish to talk about how poorly under Kentucky statute 121.190, sub- Before I dive into the details of how this directive has been thought out. part 1, that the name of the advertising poorly planned and implemented the This is the implementation of a direc- sponsor must be put on any commu- directive of June 15 will be, I have to tive the President said he didn’t have nication. So consistent with the laws question the legal authority of the the authority to do in the first place. of his home State, our Republican lead- President to institute a plan of this But if you are going to have an illegal er has for many years stood out in magnitude. directive, you ought to at least know it favor of disclosure. Around 2000 he said, I, along with 19 other Senators, sent will work. It is my understanding the ‘‘Republicans are in favor of disclo- the President a letter and asked if he White House informed Homeland Secu- sure.’’ And he said: consulted with attorneys prior to the rity officials of this plan just days be- Public disclosure of campaign contribu- June 15 announcement about his legal fore it was announced on June 15. They tions and spending should be expedited so authority to grant deferred action and were unprepared, and have since been voters can judge for themselves what is ap- work authorizations to a specific class scrambling to figure out how it will be propriate. of immigrants who have come here ille- carried out. Other leaders on the Republican side, gally. It is important that we get that U.S. Citizenship and Immigration such as Senator ALEXANDER, have said: question answered, because last Sep- Service—the agency in charge of all I support campaign finance reform, but to tember the President said he didn’t immigration benefits, including work me that means individual contributions, free have the legal authority to do it. We authorizations, visa applications, asy- speech and full disclosure. In other words, asked the President if he obtained a lum petitions, and employment verifi- any individual can give whatever they want legal opinion from the Office of Legal cations for employers—will be the as long as it is disclosed every day on the Counsel or anyone else within his ad- agency tasked with handling millions Internet. ministration. To date, we have not re- of new applications for deferred status That is exactly what this bill does, ceived any documentation that dis- and work permits. Agents in the field but only for donations $10,000 and cusses any authority whatsoever that are confused as to how to do their jobs more. I don’t believe there was a floor he has to undertake this massive immi- and fear retaliation if they don’t do the in Senator ALEXANDER’s remarks. gration directive. right thing. So in essence, this White I see the distinguished Senator from I know the Secretary of Homeland House is telling agents in the field to Iowa has arrived. In the spirit of going Security has discretion to determine begin a practice called catch and re- back and forth, I yield the floor. who is put in removal proceedings. lease. The PRESIDING OFFICER. The Sen- Prosecutorial discretion has been Last Friday, Homeland Security offi- ator from Iowa. around for a long time, but it hasn’t cials briefed the Judiciary Committee

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11404 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 on the directive. Staff of the Judiciary We have internally set it up so that the and gain consent of the majority and Committee were told that agents of the parents are not referred for immigration en- minority leaders on the Appropriations agency would be required to release forcement if the young person comes in for Committee. However, when pressed, immigrants who come here illegally if deferred action. Department officials could not assure they fell into the criteria laid out. But I was not born yesterday. This ad- us that they would not bypass the long- what are the ramifications if an agent ministration is not going to give a ben- standing process and reprogram dollars does not release them but instead uses efit to immigrants here illegally and on their own. The U.S. Citizenship and his discretion to say the person was not then force his or her parents to leave Immigration Service will be forced to eligible and puts them in removal pro- the country, which begs the question, concentrate on this program, leaving ceedings? What will they do if the young people employers, foreign workers, and legal You will be astounded by the answer are eligible and receive deferred action, immigrants without the service they we got, because the Department of but the parent is a criminal, a gang need to work, visit, or remain in the Homeland Security explained that such member, or a sex offender? United States. Because this program has not been an agent would be subject to discipli- If the U.S. Citizenship and Immigra- well thought out and because it is nary action—disciplinary action if you tion Service adjudication staff will be being rushed to benefit people by the are doing what your job is required to diverted from their normal duties to end of the year, there is no doubt that do. The agent’s actions would be con- handle the millions of potential de- fraud will be a problem. How will Fed- sidered during their annual personnel ferred action applications, this can eral officials who process the applica- review. only have a devastating impact on tions ensure that information provided So there will be no discretion for other programs within the Depart- by the individual is accurate? How will agents, and they will be forced to give ment. I fear this plan will bankrupt the they verify that one truly entered the deferred action to anyone who comes country before the age of 16 or is cur- agency that oversees immigration ben- close to the criteria laid out, even de- rently under the age of 30? efits and affect all legal immigration spite their hesitation to do so, or face Homeland Security officials act as for years to come. retaliation from bureaucratic higher- though they are prepared to handle the I fear the President has overstepped ups. influx of counterfeit documents that his authority again. The President, It is as though Homeland Security will be presented. The department offi- time and again, has shown no leader- forgot their mission which is: cials are going to rely on their small ship or refused to work with Congress To ensure a homeland that is safe, secure, fraud detection unit—who already hap- on issues that directly impact the and resilient against terrorism and other pen to be very busy working every day American people. And when it comes to hazards where American interests, aspira- the immigration issue he promised the tions, and way of life can thrive. on other types of immigration benefits—to determine if people are truly people in the 2008 election, that in his Once we overcome the question of eligible. What will be the consequences first year in office he would have an legal authority and the reality that for individuals who intentionally de- immigration bill before Congress, he there was little thinking put into this fraud the government? They need a has not even presented an immigration plan before it was announced on June fraud and abuse prevention plan. With- bill yet. He insisted he was coming 15, we are left to oversee the details of out one they will likely legalize every here to change Washington, but he the implementation plan. Homeland single immigrant who came here ille- changed it for the worse. He insisted he Security officials say they will have a gally, who is already on U.S. soil. was going to make this the most trans- process laid out by August 15. We have The administration will announce parent administration ever, but Con- very little details, but Homeland Secu- more details about this plan in the gress and the American people are left rity officials did give some insight on next few weeks. I am anxious to see if in the dark. Friday in this briefing to members of they plan to only provide deferred ac- No matter where one stands on immi- the Judiciary Committee staff. Here is tion to this population. Department of- gration, we should all be appalled at what we learned. ficials refuse to elaborate on whether how this plan has been carried out. We know people under the age of 30, some of these individuals will be able Whether it is legal or illegal is one who entered before their 16th birthday, to get advanced parole. That is a spe- thing. But when it is not thoroughly have been here for at least 5 years, and cial status that allows an immigrant thought out, how it is going to be im- are currently in school may qualify for coming here illegally to adjust to per- plemented, that is not how the chief deferred action. We know there are ca- manent residence and then gain citi- executive of a major operation such as veats to the criteria. Some criminal of- zenship. This administration wants the U.S. Government ought to be act- fenses will be OK, and young people can people to believe this is not amnesty ing. finish their education after they are and that these people will not have We should all be concerned that our granted deferred action. lawful status, but I am watching to see votes are rendered meaningless as a re- We know individuals with final or- if they try to pull the wool over our sult of the assumption of power on ders of removal will be eligible for de- eyes and provide a status that allows June 15 that the President said last ferred action. We know these people these people to adjust and remain here September he did not have. Until we will not have to appear for an in-person permanently. can end this plan, I encourage my col- interview to benefit from this directive Finally, a major flaw in the Presi- leagues to watch over its implementa- of the President of June 15. We know dent’s plan is how this is going to be tion for the future of our country. The they will be granted this special status paid for. A massive amnesty program is integrity of our whole immigration for 2 years, and those who are denied going to cost a lot of money. So what system is hanging in the balance. will not be put into removal pro- are the taxpayers going to have to This immigration system is very im- ceedings. We know this is not aimed at cough up out of their hard-earned dol- portant because the United States has helping just youth since the age limit lars to pay for it? Department officials opened doors for more people than any is 30. So who are we going to help over said on Friday that illegal immigrants other country in the world to come age 30, because we thought from the may not be charged for their special here legally. About 1 million people President’s announcement, if people status. The individual would be come here legally. So we are a wel- are over 30 years of age nobody is going charged $380 if they choose to apply for coming nation. We are a nation built to benefit. We know people under the a work authorization. They could not upon immigrants bringing new ideas to age of 30 are not the only people going assure us that funding would not be re- this country, making this a very not to be considered for relief. directed from other programs to this only colorful country but a dynamic Secretary Napolitano said so herself. initiative. society. We ought to leave it that way. She told CNN’s Wolf Blitzer the fol- To reprogram funds within the De- But this change to our immigration lowing: partment, the Secretary must notify system for people to come here legally

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11405 jeopardizes a lot of people who want to quirements on groups who are attempt- p.m. will be equally divided and con- abide by our laws and come here and ing to sway our elections. trolled between the two leaders or make our country even richer. Too often corporations and special their designees. I yield the floor. interest groups are able to hide their The Senator from Rhode Island. The PRESIDING OFFICER. The Sen- spending behind a mask of front orga- Mr. WHITEHOUSE. Mr. President, I ator from Washington. nizations because they know voters believe we have a number of speakers Mrs. MURRAY. Mr. President, I come would be less likely to believe ads if who are coming over from the caucus to the floor today to speak in strong they knew the motives behind their lunch to discuss the upcoming vote on support of the DISCLOSE Act, which sponsors. For instance, an indication of the DISCLOSE Act. I wanted to take will help put an end to secretive cam- who is funding many of these shell or- the time that is available until a paign spending and close the glaring ganizations can be seen in the delayed speaker shows up to continue to report campaign finance loopholes that have disclosures of the so-called super PACs. the previous support for disclosure been opened up by the Citizens United In fact, a Forbes article recently re- from our colleagues and from other Re- ruling. I thank the Senator from Rhode ported that 30 billionaires now are publican officeholders and officials. Island for his tremendous leadership on backing Romney’s super PAC. It is un- I think where I left off in my pre- this critical issue and all his work known how much these same billion- vious listing was Senator LISA MUR- which has gotten us to this point today aires or their corporate interests are KOWSKI, who wants Citizens United re- on this very important bill. already providing to other organiza- versed and has said: This Supreme Court ruling was truly tions with even less scrutiny. Super PACs have expanded their role in fi- a step backwards for our democracy. It The DISCLOSE Act ends all that. nancing the 2012 campaigns, in large part due overturned decades of campaign fi- Specifically, the act requires any of to the Citizens United decision that allowed nance law and policy, and it allowed these front organizations who spend unlimited contributions to the political ad- corporations and special interest $10,000 or more on a campaign to file a vocacy organizations. groups to spend unlimited amounts of disclosure report with the Federal She said: their money influencing our democ- Election Commission within 24 hours However, it is only appropriate that Alas- racy. The Citizens United ruling has and file a new report for each addi- kans and Americans know where the money given special interest groups a mega- tional $10,000 or more that is spent. comes from. phone that they can use to drown out This is a major step in pulling back the My friend Senator JEFF SESSIONS, a the voices of citizens in my home State curtain on the outlandish and unfair ranking member on the Judiciary Com- of Washington and across the country. spending practices that are corrupting mittee, at one point said: The DISCLOSE Act would return our Nation’s political process. It is a I don’t like it when a large source of transparency to this process. It would major step toward the kind of open and money is out there funding ads and is unac- return accountability to this process. honest government the American peo- countable. . . . To the extent we can, I tend It would be a major step to returning ple demand and deserve. to favor disclosure. citizens’ voices to the important elec- The DISCLOSE Act brings trans- Senator CORNYN said: tion decisions we make in our country. parency to these shady spending prac- I think the system needs more trans- This is a very personal issue for me. tices and makes sure voters have the parency, so people can more easily reach When I first ran for the Senate back in information they need so they know their own conclusions. 1992, I was a long-shot candidate with- who they can trust. It is a common- Senator COLLINS has been quoted: out a lot of money or wealthy cor- sense bill. It should not be controver- Sen. Collins . . . believes that it is impor- porate backers. But what I did have sial, and anyone who thinks voters tant that any future campaign finance laws was amazing and passionate volunteers should have a louder voice than special include strong transparency provisions so interest groups should be supporting the American public knows who is contrib- who were at my side. They cared deep- uting to a candidate’s campaign, as well as ly about making sure the voices of our bill. This bill aims to protect the very who is funding communications in support of Washington State’s families were rep- core of our Federal election process. It or in opposition to a political candidate or resented. They made phone calls, they issue. protects the process by which our citi- went door to door with us, they talked zens fairly assess the people they be- That is from the Hill. to families across our State who want- lieve will best come here and be their Senator SCOTT BROWN has said: ed more from their government. A genuine campaign finance reform effort We ended up winning that grassroots voice and represent their communities. It exposes the hidden hand of special would include increased transparency, ac- campaign because the people’s voices countability and would provide a level play- were heard loudly and clearly. To be interests, and it creates an open proc- ing field to everyone. ess for who gets to stand before them honest, I don’t think it would have Senator TOM COBURN has said: been possible if corporations and spe- as representatives. I am proud to support this bill and So I would not disagree there ought to be cial interests had been able to drown transparency in who contributes to the super proud of the efforts by Senator WHITE- out their voices with this unlimited PACs and it ought to be public knowledge. HOUSE and so many others in the Sen- barrage of negative ads against can- . . . We ought to have transparency. . . . If ate. I urge all our colleagues to vote didates who did not support their inter- legislators were required to disclose all con- for this bill. Let’s move it forward. ests. That is why I support this DIS- tributions to their campaigns, the public Let’s do what is right for America. knowledge would naturally restrain legisla- CLOSE Act. I want to make sure no f tors from acting out of the current quid pro force is greater in our elections than quo mindset. If you have transparency, you the power of voters across our cities RECESS will have accountability. and towns, and no voice is louder than The PRESIDING OFFICER. Under As I reported earlier today, the Re- citizens who care about making their the previous order, the Senate stands publican Senate support goes to people State and country a better place to in recess until 2:15 p.m. who have left the Senate as well. I live. Thereupon, the Senate, at 12:29 p.m., would remark again on the extraor- The DISCLOSE Act of 2012 should not recessed until 2:15 p.m. and reassem- dinary editorial written in the New be contentious. It simply does what a bled when called to order by the Pre- York Times by Senators Hagel and majority of American people view as a siding Officer (Mr. FRANKEN). Rudman. no-brainer. It requires outside groups f House Speaker Representative BOEH- to divulge their campaign-related fund- NER has said: raising and spending, plain and simple. DISCLOSE ACT OF 2012—MOTION TO PROCEED—Continued I think what we ought to do is we ought to It does this by shining a very bright have full disclosure, full disclosure of all the spotlight on the entire process and by The PRESIDING OFFICER. Under money we raised and how it is spent. And I strengthening the overall disclosure re- the previous order, the time until 3 think sunlight is the best disinfectant.

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Representative ERIC CANTOR, the ma- and tell their constituents whether tion publicly. Turn in the secret money jority whip, I believe, has said: they would prefer that secret money and let the people across our country Anything that moves us back towards that buys the politicians or does it take decide who they want in the Senate, notion of transparency and real-time report- their constituents’ votes to get people the House, and the White House. ing of donations and contributions I think in place who care about where this How much poorer is our society when would be a helpful move towards restoring country is going. children are born with developmental the confidence of voters. Republicans will have a chance to problems? A child born with pollution Newt Gingrich has called for report- show Americans where they stand: in their body is set back from day one. ing every single night on the Internet with millions of individual voters or That child’s potential is stunted before when people make political donations. the few billionaires who seek to drown they have even taken their first Mitt Romney has said that it is ‘‘an out the voices of our citizens by using breath. enormous, gaping loophole . . . if you secret money. Polluters just ignore the costs to form a 527 or 501(c)(4) you don’t have to Yesterday, I came to the floor to American families. They think their disclose who the donors are.’’ present the identities of two of the big- right to pollute is more important than Well, this is a chance for our col- gest supporters of secret money in poli- the average person. The children in our leagues to close that enormous, gaping tics, David and Charles Koch. They are country have the right to breathe. It is loophole their Presidential nominee joined by somebody we read about yes- foul play if we have ever seen it. Put has pointed out. terday in the papers and heard on the your money up, take fresh air away One of my favorite comments is by news by the name of Sheldon Adelson, from young people, and create prob- Mike Huckabee. Mike Huckabee said: whose brain money was earned from lems that mercury in our environment I wish that every person who gives any Chinese gamblers in Macau to buy does. money [to fund an ad] that mentions any American politicians. That is some Secret money in politics makes it candidate by name would have to put their deal. possible for polluting companies to name on it and be held responsible and ac- The Koch brothers are putting to- spend millions of dollars influencing countable for it. And it’s killing any sense of gether a secret group of wealthy elections, and the American public is civility in politics because of the cheap shots that can be made from the trees by snipers friends who will spend $400 million to kept in the dark. So I say to my Re- that you never can identify. manipulate the upcoming election. publican colleagues: Let your con- The cheap shots that can be made This effort is one of the egregious ex- science rule your decision. Let’s tell from the trees by snipers that you amples of the flood of big, secret the truth. never can identify. Let me give an ex- money into our politics, and this unac- I wish the vote could say: Yes, I want ample of that. countable money is spent with a clear secret money to continue being sent. I am going to read parts of an article goal of determining our laws and decid- They dare us to use that language. from this morning’s New York Times. ing our elections and the policies this Come on. There are good people over country will follow in the future. The there. Let’s shine some light on who is In early 2010, a new organization called the Commission on Hope, Growth and Oppor- Koch brothers are set on picking their pulling the strings in this country. Is it tunity— preferred politicians. Too bad that with the people or is it the money that a country of over 300 million people makes the difference in the way this With a name like that, you know it these two fellows want to decide who society functions? has to be bad in this environment— should run this country of ours. I yield the floor. filed for nonprofit, tax-exempt status, tell- Koch Industries controls oil and Mr. SESSIONS. Mr. President, I ing the Internal Revenue Service it was not would like to be notified when I have going to spend any money on campaigns. chemical companies that do business Weeks later, tax-exempt status in hand as around the globe. So what do the Koch used 5 minutes. well as a single $4 million donation from an brothers and their anonymous friends The PRESIDING OFFICER. Without anonymous benefactor, the group kicked off want from politicians who benefit from objection, it is so ordered. a multimillion-dollar campaign against 11 their secret money? They want laws Mr. SESSIONS. Mr. President, I un- Democratic candidates, declining to report that benefit the companies like the derstand we will have a set vote on the any of its political spending to the Federal ones they own even when those laws DISCLOSE Act. It got 51 votes pre- Election Commission, maintaining to the come at the expense of millions of viously. We need 60 votes to move for- I.R.S. that it did not do any political spend- ward to pass this bill. It is not likely to ing at all, and failing to register as a polit- other Americans. I think the reason is ical committee required to disclose the clear. They want people in office who happen. Our Democratic colleagues names of its donors. Then, faced with mul- will put their special interests above were down here last night into the mid- tiple election commission and I.R.S. com- the public interest. night hour talking about the DIS- plaints, the group went out of business. These brothers run Koch Industries, CLOSE Act, which is something that is The editorial continues: which is a giant international con- political and campaign-related that we ‘‘C.H.G.O.’s story is a tutorial on how to glomerate and one of the largest pri- have a significant difference of opinion break campaign finance law, impact elec- vately held companies in the world. about, and it is not going to pass. tions, and disappear—the political equiva- The Kochs’ secret money organiza- I would like to ask my friends and lent of a hit and run,’’ Citizens for Responsi- tion, Americans for Prosperity, has op- colleagues what is it we ought to be bility and Ethics . . . wrote in a new report. posed EPA’s new mercury pollution disclosing? Is it the amount of money A cheap shot from the trees by a standards. These historic standards some individual American made hon- sniper you can never identify, and to will prevent 130,000 asthma attacks, estly and spent or maybe there are this day no one has ever identified the 4,700 heart attacks, and up to 11,000 some other issues we ought to disclose. $4 million donor. premature deaths. Americans for Pros- I would say this Senate ought to dis- I see the Senator from New Jersey. I perity, funded by secret money, op- close to the American people what its am delighted to yield to him so he can posed the rule that will save these budget plan is for the future of this make his remarks. lives. They would rather have the country. We haven’t had a budget in 3 I yield the floor. money. We know what millions of peo- years. Senator REID said it would be The PRESIDING OFFICER. The Sen- ple who live near powerplants want. foolish to bring up a budget—foolish ator from New Jersey. They want the plants to clean up their because we don’t have time. We had Mr. LAUTENBERG. Mr. President, acts and stop poisoning them and their time to spend all night last night de- yesterday we witnessed quite a sight. neighbors. bating this bill—or half the night—and Not a single Republican was willing to The Kochs and industry lobbyists we are having a second vote on the stand up to oppose secret money and argue that these standards just cost same bill again today. Why don’t we elections. Today they will have an- too much. What is the value of a life to spend some of that time on something other chance to announce their support these guys? Let them answer the ques- important such as dealing with our $16

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It is time to sponsored by some organization that mate we have ever been told and every disclose what we are going to do about has a high-sounding name, but we don’t witness has testified to before the this debt, what we are going to do know where the money is coming from. Budget Committee and other commit- about wasteful spending. It is not being This piece of legislation in front of us tees—unsustainable. Yet they refuse to done. It is a disappointing year. yesterday got 53 votes, and we need 7 even lay out a plan for how we are I thank the Chair and yield is floor. more votes to cut off the debate just to going to confront that. The PRESIDING OFFICER. The Sen- go to the bill. This vote is coming at 3 The House has. They laid out a his- ator from Florida. o’clock. We are not going to get it. It toric plan. Congressman RYAN and his Mr. NELSON of Florida. Mr. Presi- is going to be the same result—53 to 47. team and the House has passed a long- dent, lest we get totally off track and Why? Because these outside, unlimited term budget plan that will alter the before the Senator from Alabama sources of funds that are not disclosed debt course of America and put us on a leaves the Chamber, I wish to thank are affecting elections and they are responsible path—not so in the Senate, him and congratulate him. The system achieving the result and we know it. If even though they talked about it in se- works when Democrats and Repub- we put enough money into TV adver- cret amongst themselves that they had licans come together. The Senator tising, one can sell a box of soap, what- a plan. Let’s disclose it. Why don’t we from Alabama and I have worked on ever the brand is. That is the whole have a disclosure of it. many issues together, including the theory behind this. The undisclosed do- October 1 is coming up pretty fast, Nation’s national security. Just re- nors giving unlimited sums elect whom particularly since we are going to be in cently, the Senate showed how it can they want, and that is going to com- recess virtually the entire month of work together on the RESTORE Act in pletely distort the political system. We start from a basis of old Socratic August and it looks like the entire the Gulf of Mexico when we added a ideas, going back to Socrates; that in month of October. By October 1, the provision directing the fine money to the free marketplace of ideas, the Congress has a duty and a responsi- be imposed by a judge in New Orleans crosscurrents of those ideas being dis- and redirected that fine money to come bility to pass legislation that funds the cussed, that out of it truth will emerge back to the people and the environ- government because the new govern- and the best course of action will ment and the critters of the gulf. That ment fiscal year begins October 1. Sen- emerge. It is upon those ideals that passed in this Chamber 76 to 22—a huge ator REID just announced he is not this country was founded; this country, bipartisan vote. going to produce a single appropria- wanting a representative body such as I have had the privilege of working tions bill. When I first came here, we this to come forth and freely and open- with the Senator from Alabama on tried to pass all 13 every year, before ly discuss the ideas and hammer out many other issues, including the times October 1, when the year starts. We are policy. Yet what we are seeing is that the two of us led the Strategic Sub- not even going to attempt it. in bringing those elected officials here, I think the American people ought to committee of the Armed Services Com- by electing them by overwhelming ad- ask: What do you plan to spend your mittee on some of the Nation’s most vertising from unlimited sources, those money on next year? The country is significant things, such as our overall elected representatives will be be- suffering substantially. Why don’t you strategic umbrella protecting this holden to those particular sources and disclose, Senator REID, what the appro- country. There again, it was Demo- will not have an independence of judg- priations bills are going to be, how crats and Republicans working to- ment, will not have the Socratic abil- much money you are going to spend on gether. ity in the free marketplace of ideas to each one of the items, and subitems So to hear a lot of the rhetoric, hammer out the differences of ideas and subitems and subitems, so we can someone outside the Senate would and achieve consensus in order to de- examine it, bring it up on the floor, think we are totally in gridlock. That termine the direction of the country. and offer amendments, as the Senate is has not been the case. However, we So the very underpinnings of the coun- supposed to operate. Why don’t you come to a point of gridlock again be- try are at stake. disclose that? Isn’t that important for cause of the Senate rules requiring 60 Why is this being fought—something America? votes to shut off debate so we can go to that ought to be like a motherhood I have to say, since I have been here, this bill called the DISCLOSE Act. bill. One is for disclosure of those giv- this will be the least performing, most What the DISCLOSE Act does is coming money to influence the political disappointing year of the Senate in our mon sense. It is common sense to say, system, just like all the Federal can- history. No budget, no attempt to if someone is going to affect the polit- didates have to disclose; and, oh, by bring up a budget, no appropriations. ical system by giving money to influ- the way, are limited in the amounts of Those are the bread-and-butter require- ence the votes at the end of the day in contributions to each candidate. What ments of any Senator. an election year, all the campaign laws is such common sense is being thwart- Food stamps, the SNAP program. In say they have to disclose that money, ed. If this legislation were to pass and 2000, we were spending about $17 billion and but for a 5-to-4 Supreme Court de- they had to disclose who is giving the on the food stamp program. Last year, cision—which is contorted at best and money, do we know what: Most of them we spent $79 billion. It has gone up reis way over the edge at the very least— would stop giving it, and they would peatedly. It is out of control. It needs its ruling says that because of freedom have to operate under the normal cam- to be managed. It needs to be focusing of speech, outside the political system, paign finance laws which say to report more on helping people in need, not one can make advertisements, one can every dime of a contribution and they just subsidizing people in need—helping speak freely; in other words, by spend- are limited as to the amount they can them move forward to independence ing money, buying ads, and one does give and the candidate is limited as to and responsibility. Why don’t my col- not have to disclose that. Oh, by the the amount they can receive. That is leagues disclose a plan for that? Isn’t way, that whereas the campaign fi- fair, but it is more than fair. It is abso- that important to America? I think it nance law prohibits in Federal elec- lutely essential to the functioning of is. tions corporations from donating, this the electoral system in order to elect a There are a lot of other things that contorted Supreme Court decision says representative democracy. ought to be on the table. that can be corporate money and it That is what is at stake, and that is The PRESIDING OFFICER. The Sen- doesn’t have to be disclosed. what we are going to vote on again. ator’s 5 minutes has expired. That is what we are seeing in abun- Unfortunately, we know what the out- Mr. SESSIONS. I thank the Chair. dance in that kind of political speech come of the vote is going to be: 53 in

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Yet that not think anybody assumed what it Again, what we should be doing in is what we are facing. would lead to is an ability for an indi- this case is trying to figure out where I yield the floor. vidual to give millions of dollars to in- there is a balance. Where is that fair- The PRESIDING OFFICER. The Sen- fluence an election, and yet not be sub- ness? Given that a $2,500 contribution ator from Alaska. ject to a level of disclosure that is fair to me as a candidate—the maximum Ms. MURKOWSKI. Mr. President, I and balanced. that can be given to any candidate for have not taken an opportunity to I came to the floor very late last any election—has to be disclosed, I do speak to the DISCLOSE Act, which is night after flying in from Alaska. I left not understand why the bill that is be- currently before us, or the holding of at 7 o’clock in the morning, and my fore us, the DISCLOSE Act 3.0, sets the Citizens United. I haven’t come to the plane touched down at about 10:15 last bar for disclosure of a contribution to floor to address that, but that does not night. As I landed, I saw the lights of an independent effort at $10,000. That mean this has not been a discussion of the Capitol on. I knew somebody was does not make sense to me either. great importance in the State of Alas- still home. The flag that flies on the So I guess where I am at this point in ka. Senate side of the Capitol was still up, time—recognizing that in a matter of Alaskans are a pretty independent meaning the Senate was still in ses- minutes we are going to have yet an- lot. I think they like to know what is sion, so I decided to come to the floor other vote on DISCLOSE under recon- behind certain initiatives, certainly and see what was going on and to per- sideration—I do think that all these when it comes to the financing of cam- haps listen to a little bit of the debate. issues need to be addressed in a DIS- paigns. They want to know where and I was tired. I was tired from flying. CLOSE 4.0. Maybe we will move to that when and how and why and that it is But I was truly tired that as a body, in the next iteration, but that is not appropriate. Our State legislature has when we have an issue that is impor- going to be happening here. Yester- enacted some campaign finance re- tant, is significant—whether it is cam- day’s vote was decisive. As I men- forms that I think have been good. paign finance or the tax issues we face, tioned, I was flying all day. I was not Alaskans have looked very critically at whether it is the sequestration issue here at 6 o’clock when that vote was the Citizens United decision and its im- we will shortly be facing—we are once taken. But that vote was pretty clear. There is no way we can reconfigure pact on the campaigns in this country. again in a position where we are doing things, even with the support of LISA I have made no secret of the fact that nothing but messaging. I am so tired of MURKOWSKI, so that we could actually I disagree with the holdings of the Citi- messaging, and I think the folks whom get to this bill and start making those zens United decision which makes it we represent are tired of us messaging. possible for individuals and business I want us to have some reforms when changes. So we are sitting here at a point entities to make contributions in any it comes to campaign finance and the where we have precious little time be- amount, at any time to independent ef- disclosure that the American public fore us before we break for August and forts to elect candidates at the Fed- thinks makes sense, where they say: then come back. We have the cam- eral, State, and local levels. Good. This is not something where you paigns. We have a lot on our plate. I I think this decision not only over- are hiding behind an organization, think we recognize that. Saying that, I turned longstanding Federal law, it whether it is a 501(c)(4) or a 501(c)(3) or have already said I think this is a criti- also, to a certain extent, displaced a super PAC, or however we define it. cally important issue. But it is an issue State laws, including the laws in my We want to know that you are open we will not resolve today. It is not pos- own State of Alaska which barred cor- and you are transparent. sible to resolve today. So we should ac- porate participation in State elections. I did not stay too late last night to cept that fact and move forward. We It gave birth to a new form of political listen to the debates. But I will tell have a lot to do. entity. We all know it; we are all talk- you that the comments I heard from What I intend to do is to continue ing about it now, particularly with the my colleagues were pretty sound. For the work I began months ago with col- Presidential election—the super PAC, a the life of me, I cannot fathom why it leagues on the other side of the aisle to vehicle for large donors. When we are is appropriate that the name, the ad- work to resolve some of these issues, to talking about large donors, we are not dress, the occupation of an individual work on a bipartisan basis on a bill just talking about donors who can put who makes a contribution of between that I hope we can take up as a body. forth thousands of dollars. We are talk- $200 and $5,000 to LISA MURKOWSKI’s There are Senators who want to work ing about donors who put forth multi- committee must be disclosed—that is on this. I have met with them and we millions of dollars, and it is done to in- what is required under the law. But continue to try to figure out that path fluence the American political process somehow or other there is a constitu- forward. But that path forward has to in secret by contributing to organiza- tional right for someone who gives $1 be a bipartisan path. It has to be a bi- tions with very patriotic names, but million, $15 million to an independent partisan path. they lurk behind post office boxes. effort that either supports or opposes I hope we can put some kind of a ve- There is an anonymity, there is a cov- an election can do so in secrecy. They hicle to hearings and consider it on the ering that I do not think the American can do so in a way that is not subject floor with an open amendment process, public expects or respects. to disclosure. I do not think that the way we can and should do things I believe strongly—I believe very makes sense, and I do not think it around here. That is what I strive to strongly—that the Citizens United de- would make sense to anybody else out do. That is my commitment. I want to cision is corrosive to democracy. At a there on the street. What is the dif- work with my colleague from Rhode Is- very minimum the American people de- ference? land. I want to work with my col- serve to know who is behind the orga- But I would also suggest to you the leagues from Colorado and Oregon and nizations, who is funding them, and converse is true as well. I do not be- New York and my colleagues on the what their real agendas are. lieve the membership lists—whether it Republican side of the aisle. I think we I think if we were to ask the average is the Sierra Club or the National Rifle all recognize this is in the best inter- American out on the street: Do you Association or the NAACP—I do not ests of not only those of us in the Sen- think it is reasonable that there be dis- think those lists need to be public be- ate but for those we represent—that closure, full disclosure of where the cause an organization has made a rel- there is a level of transparency, open- campaign dollars are coming from, I atively small donation from its treas- ness, fairness, and balance when it

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11409 comes to campaign finance. That is my ing on their television screens during whether corporations should be able to commitment. election season. donate to campaigns, or whether the With that, I know I have probably This bill is a much needed response size of donations should be capped. But consumed more than my time. But I to the Supreme Court’s decision in there should be no debate about wheth- appreciate the opportunity to work se- Citizens United—a decision that is reer donations should be open and readily riously and genuinely with my col- sulting in corporate money drowning accessible to the public.’’ leagues on this issue. out the voices of ordinary citizens. The Los Angeles Times writes that Mr. CORNYN. Mr. President, today In Citizens United, the Supreme ‘‘there is no cogent argument against the Senate will vote on cloture on the Court overruled decades of legal prece- maximum disclosure. Nor is there any motion to proceed to S. 3369, the so- dent when it decided that corporations First Amendment argument for secrecy called DISCLOSE Act. Because the bill cannot be restricted from spending un- . . . If those who seek to influence elec- is designed to protect entrenched limited amounts in Federal elections. tions don’t have the courage of their Washington special interests from ordi- The decision was astounding, not just convictions, Congress must act to iden- nary Americans who want to exercise because it was a display of judicial ac- tify them.’’ their first amendment rights, I will op- tivism but also because it defies com- The San Jose Mercury News writes pose cloture. mon sense for the Supreme Court to that ‘‘since the Supreme Court made it Regulation of speech always raises conclude that corporations or even all but impossible to regulate cor- significant constitutional questions. labor organizations are citizens, as you porate influence on campaigns, the The first amendment is a cornerstone or I am, in the eyes of the law. only thing left is requiring swift and As Justice John Paul Stevens wrote of our democracy, and the DISCLOSE thorough disclosure.’’ Act would fundamentally remake the in his dissent, ‘‘corporations have no And that is exactly what the DIS- rules governing free speech in Amer- consciences, no beliefs, no feelings, no CLOSE Act does. ican elections. It is intended not to thoughts, no desires . . . they are not It requires super PACs, corporations, promote transparent, accountable, and themselves members of ‘We the People’ and labor organizations that spend fair campaigns, but rather to tilt the by whom and for whom our Constitu- $10,000 or more for campaign purposes playing field in favor of the Demo- tion was established.’’ to file a disclosure report with the Fed- In the aftermath of the Citizens cratic Party and its constituencies. eral Election Commission within 24 United decision, special interest groups Indeed, one of the chief sponsors of hours of the expenditure. The organiza- known as super PACs with innocuous this legislation, Senator CHARLES tion must also disclose the sources of names like ‘‘American Crossroads’’ and SCHUMER, has admitted that his goal is all donations it receives in excess of ‘‘Restore our Future’’ are primed to to deter certain Americans from par- $10,000. The disclosure must also in- spend hundreds of millions of dollars in ticipating in the electoral process. The clude a certification that organiza- the 2012 election. DISCLOSE Act will make many busi- According to OpenSecrets.org, Super tion’s spending is in no way coordi- nesses and organizations ‘‘think twice’’ PACs have raised $246 million in secret nated with a candidate’s campaign. before engaging in political speech, money so far in the 2012 election These are carefully targeted reforms to Senator SCHUMER said in 2010. ‘‘The de- cycle—and we still have 113 days until ensure that the American people are terrent effect should not be underesti- the election during which that total informed during the electoral process. Outside spending on our elections has mated.’’ may double or even triple. In essence, the Democrats have con- The New York Times recently re- gotten out of control in the post-Citi- cocted a bill that would silence their ported that secret groups have ac- zens United world created by the Su- critics while letting their special inter- counted for two-thirds of all political preme Court. est allies speak. Nearly every major advertising spending this year. Sheldon Adelson, a casino magnate, provision of the DISCLOSE Act was de- Unlike funds given directly to can- who gave $20 million to a super PAC to signed to encourage speech that helps didates and political parties, which get prop up the Presidential campaign of the Democratic Party and discourage reported to the Federal Election Com- Newt Gingrich, told Forbes Magazine: speech that hurts it. For example, the mission and are available for the public ‘‘I’m against very wealthy people at- legislation favors unions over busi- to review, funds given to super PACs tempting to or influencing elections, nesses, which belies the notion that it are secret, leaving voters with no but as long as it’s doable, I’m going to was crafted to prevent conflicts of in- knowledge of who is behind attack ads do it.’’ terest. against political candidates. A super PAC affiliated with House If the true purpose of this bill were to Right now the rules require that in- Republican majority leader ERIC CAN- promote transparency and minimize dividuals who give $200 or more to a TOR raised $5.3 million in the third the influence of political money on candidate must submit detailed infor- quarter this year. Adelson is respon- government, then unions would face mation about their identity, their ad- sible for providing $5 million of the the same restrictions as businesses. dress, and their occupation. But Citi- total. But the true purpose of the bill is to zens United says that if you give $2,000, The super PAC affiliated with Mitt help Democrats win elections, and $2 million, or $20 million to a super Romney, ‘‘Restore our Future,’’ has unions overwhelmingly support Demo- PAC, you don’t have to disclose a raised $61 million so far. Most of this crats, so they are given preferential thing. money came from just a handful of in- treatment. Former member of the Federal Elec- dividuals. It is not the government’s job to ap- tion Commission Trevor Potter said in- During the 2012 Florida GOP Presi- portion first amendment rights among dividuals ‘‘can still give the maximum dential primary, Romney super PACs Americans. Those rights belong to $2,500 directly to the campaign—and ran 12,000 ads in that state alone. every citizen, period. I reject any fur- then turn around and give $25 million A New York Times analysis of dona- ther erosion of a constitutional liberty to the Super PAC.’’ tions to Romney super PACs found that has preserved and strengthened At a minimum, voters in a democ- sizeable amounts from companies with our democracy for 223 years. racy deserve to know who is financially just a post office box as a headquarters, I oppose the DISCLOSE Act and urge supporting candidates for public office. and no known employees. my colleagues to oppose this after- Editorial boards in California and A USA Today analysis of GOP super noon’s cloture motion. across the country recognize that dis- PACs through February 2012 found that Mrs. BOXER. Mr. President, I rise in closure and transparency are essential $1 out of every $4 donated to these strong support of the DISCLOSE Act. for the integrity of our democratic sys- Super PACs was given by five individ- It is important for Americans to tem. uals. know where the money is coming from The Sacramento Bee writes that A US PIRG/Demos study found that that supports the political ads appear- ‘‘reasonable people can disagree on 96 percent of super PAC contributions

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11410 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 were at least $10,000 in size, quadruple make fully informed decisions about ment, and then I would like to address the $2,500 donation limit individuals the political candidates and parties what my colleague from Alaska has are allowed to give specific candidates. that seek to represent them in govern- said and this bill. The Center for Responsive Politics ment. FISCAL POLICY found that the top 100 individual super More than 2 years ago, the Supreme On another issue, I just heard that PAC donors make up only 4 percent of Court’s 5-to-4 decision in Citizens Vice President Cheney came to address the total contributors to super PACs, United set the stage for the emergence the Republican caucus on our fiscal but they account for more than 80 per- of super political action committees, cliff. I would suggest that the man who cent of the total money raised. PACs, primarily underwritten by said deficits do not matter is not a According to Politico, the Koch wealthy individuals to finance unregu- very good teacher for the Republican Brothers and their companies plan to lated and often anonymous attack po- caucus when it comes to deficit reduc- spend $400 million on the 2012 election, litical campaign advertising. This deci- tion and the fiscal cliff. They could get which would be more than Senator sion effectively puts our elected posi- better teachers than that. JOHN MCCAIN raised during his entire tions up for sale to moneyed interests. As for this issue, first, I wish to 2008 run for President. The DISCLOSE Act would address thank my colleague from Alaska for A super PAC called ‘‘Spirit of Democ- problems caused by the Citizens United her heartfelt comments. She is what racy America’’ spent $160,000 in support decision by restoring accountability we need, somebody who cares about of a primary candidate in California’s and transparency to our electoral sys- this issue, somebody who has great 8th Congressional District. The super tem. It would simply require labor reach across the aisle, and somebody PAC has no Web site and provided no unions, traditional PACs, super PACs, who is willing to work with us. details prior to the primary election to and other covered organizations that It is true, it is obvious we will not voters in the district about who was spend $10,000 or more on political cam- have the votes to win the DISCLOSE Act. It is simple disclosure. We tried to behind their expenditures. The super paigns to identify themselves by filing make it—under the leadership of Sen- PAC accounted for 64 percent of all the a timely report with the Federal Elec- ator WHITEHOUSE; I will address that in outside money spent on the race. tions Commission. 1 minute—we tried to make it as nar- A 21-year-old Texas college student Opponents of the DISCLOSE Act row as possible. We tried to deal with used a multimillion dollar inheritance claim that this bill would impede free all the objections we heard about labor from his grandfather to spend more speech and discourage political in- unions and others. That is why there is than $500,000 on television ads and di- volvement. I cannot disagree more. To a $10,000 amount—far beyond the labor rect mail in a Kentucky congressional the contrary, the DISCLOSE Act pre- union dues of any union I am aware of. election, helping his handpicked can- serves the right to express one’s opin- We tried to make it as down the middle didate win the primary in an upset. ions and ideas through contributions to as possible for simple disclosure. The American people are tired of political campaigns; it only forces But I understand where my colleague these stories, and they are tired of big large contributors to identify them- from Alaska is coming from. I respect money in politics. selves when making influential con- it, and I look forward to working with Overwhelmingly, and on a bipartisan tributions. Furthermore, it promotes her. She might be the bridge we need basis, they support disclosure laws and civic involvement by empowering vot- because, mark my words, if we do not contribution limits. ers to effectively participate in the do something about this, we will not Because of the massive influence electoral process and make informed have the Republic we know in 5 years. super PACs are having on elections, choices about their leaders. It is that simple. This great country we earlier this month the USA Today We are all here to represent the vot- all love has been dramatically changed issued a frightening prediction about ers in our States and districts who by Citizens United. The failure to cor- this fall’s election. have entrusted us to represent them. In rect its huge deficiencies, to have such They write that ‘‘the inevitable re- our system of checks and balances, a small number of people have such a sult is that come November, voters in elected officials remain beholden to huge influence on our body politic—we many closely contested races will their constituents through elections; have never seen it before. Oh, yes, we make their decisions based on a late however, to allow this system to work, have read about our history, and we flood of ads of dubious credibility paid voters need to have all of the essential know there were small groups that for by people whose names and motives information that could influence their were powerful in the past, the robber are unknown.’’ decision: who we are, who our sup- barons, et cetera. But never, never, The American people deserve to have porters are, and how much support we never have a handful of people had such a government that is always of the peo- have received from various sources. awesome tools to influence our polit- ple, by the people, and for the people. No democracy, including this one, ical system in a way they choose with- The DISCLOSE Act will help restore can remain fair, successful, and viable out any accountability—never. the voice of the people. if wealthy individuals are allowed to The robber barons were more ac- I urge my colleagues to support this spend unchecked sums of money to countable and more diffuse. The small bill. anonymously influence the outcomes group that led America, supposedly, in Mr. AKAKA. Mr. President, I rise of its elections. the 1920s was more accountable and today to speak in strong support of S. I urge my colleagues to do what is more diffuse. The military industrial 3369, the Democracy Is Strengthened right for all Americans today and pass complex that President Eisenhower by Casting Light On Spending in Elec- this important bill. warned about was far broader and more tions, DISCLOSE, Act. I am proud to I yield the floor. diffuse. To have a small number of peo- join 39 of my colleagues in sponsoring The PRESIDING OFFICER (Mr. ple—most of them angry people, most this measure and urge the Senate to WEBB). The Senator from New York. of them people who do not even give act now to pass this transparent, com- Mr. SCHUMER. First, Mr. President, any attention to someone who does not monsense piece of legislation. I ask unanimous consent that I be agree with them—to give them such Free, fair, and open elections, as well given 4 minutes, the Senator from awesome power, which is the power to as an informed electorate, are funda- Rhode Island be given 6 minutes to run negative political ads over and mental to ensuring that our govern- conclude, and we vote immediately over and have no accountability as to ment reflects the highest principles of thereafter. who is running them, that is a true democracy, which is the foundation of The PRESIDING OFFICER. Is there danger to the Republic. this country. objection? It befuddles me that our U.S. Su- What is at stake today is nothing Without objection, it is so ordered. preme Court does not see it. We want short of our electoral system. We must Mr. SCHUMER. First, I would just our courts to be insulated from the vi- reinforce the right of Americans to like to make one preliminary com- cissitudes of politics. But to have a

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11411 Court that is so insulated that it does ample of their former colleagues Sen- [Rollcall Vote No. 180 Leg.] not see, smell, hear, touch what is ator Rudman and Senator Hagel; and I YEAS—53 going on in this Republic does not pledge to Senator MURKOWSKI that we Akaka Hagan Nelson (NE) speak well of that Court. I think it is take her comments very seriously. She Baucus Harkin Nelson (FL) the main reason its popularity has de- has cast a sliver of daylight. I intend to Begich Inouye Pryor Bennet Johnson (SD) clined. I hope our Justices will wake pursue that sliver ardently to work Reed Bingaman Kerry Reid and realize what they are doing. through this problem. Blumenthal Klobuchar Rockefeller I would say again—first, I wish to I will conclude by also compli- Boxer Kohl Sanders Brown (OH) Landrieu HITEHOUSE menting Senator MCCAIN. He believes Schumer thank Senator W . He has Cantwell Lautenberg Shaheen been a great leader on this issue. I wish there is a benefit for unions in here Cardin Leahy Stabenow that I do not see, which I disagree ex- Carper Levin to thank all my colleagues. We have Tester been debating this bill for 10 hours— ists. But certainly he has a record of Casey Lieberman Conrad Manchin Udall (CO) more than 10 hours, I believe—and courage and determination on cam- Coons McCaskill Udall (NM) there has not been one quorum call, paign finance that entitles his judg- Durbin Menendez Warner which means there has been speaking ment to our respect. I look forward to Feinstein Merkley Webb working with both of them. Franken Mikulski Whitehouse time from about 6 last night until 1 in Gillibrand Murray Wyden the morning—— I yield back our time. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under NAYS—45 ator’s time has expired. the previous order, the motion to pro- Alexander DeMint McCain Mr. SCHUMER. Mr. President, I yield ceed to the motion to reconsider the Ayotte Enzi McConnell Barrasso Graham Moran the floor. vote by which cloture was not invoked Blunt Grassley Murkowski The PRESIDING OFFICER. The Sen- on the motion to proceed to S. 3369 is Boozman Hatch Paul ator from Rhode Island. agreed to. The motion to reconsider is Brown (MA) Heller Portman agreed to. Burr Hoeven Risch Mr. WHITEHOUSE. Mr. President, at Chambliss Hutchison Roberts least—at least—10 Republican Senators CLOTURE MOTION Coats Inhofe Rubio are on record supporting transparency The PRESIDING OFFICER. The Coburn Isakson Sessions and disclosure in election spending. clerk will report the motion to invoke Cochran Johanns Snowe Collins Johnson (WI) Thune Some of them are very significant lead- cloture. Corker Kyl Toomey ers on the Republican side. The assistant bill clerk read as fol- Cornyn Lee Vitter Senator MITCH MCCONNELL said this: lows: Crapo Lugar Wicker I think disclosure is the best disinfectant. CLOTURE MOTION NOT VOTING—2 Senator JOHN CORNYN, head of the We, the undersigned Senators, in accord- Kirk Shelby Republican campaign operation, said ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move The PRESIDING OFFICER. On this this: to bring to a close debate on the motion to vote, the yeas are 53, the nays are 45. I think the system needs more trans- proceed to calendar No. 446, S. 3369, a bill to Three-fifths of the Senators duly cho- parency so people can more easily reach amend the Federal Election Campaign Act of sen and sworn not having voted in the their own conclusions. 1971 to provide for additional disclosure re- affirmative, the motion upon reconsid- Other Senators, colleagues, and quirements for corporations, labor organiza- eration is rejected. friends come from States that require tions, Super PACs and other entities, and for Mr. CARDIN. I suggest the absence of disclosure in election spending. The other purposes. Harry Reid, Sheldon Whitehouse, Jack a quorum. States they represent know this is Reed, Joseph I. Lieberman, Jon Tester, The PRESIDING OFFICER. The wrong. The arguments against this bill Mark L. Pryor, Benjamin L. Cardin, clerk will call the roll. are few. Some of those arguments are Christopher A. Coons, Jeanne Shaheen, The assistant bill clerk proceeded to false. Others don’t hold water. Huge Daniel K. Akaka, Herb Kohl, Charles E. call the roll. majorities of Americans—Republicans, Schumer, Mark Begich, Tim Johnson, Mr. REID. Mr. President, I ask unan- Democrats, and Independents—support Robert Menendez, Frank R. Lauten- imous consent that the order for the cleaning up this mess. berg, Mark Udall, Sherrod Brown. quorum call be rescinded. More than 700,000 Americans signed The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. Without up as citizen cosponsors of this bill in imous consent, the mandatory quorum objection, it is so ordered. the last few days. The actual number, I call has been waived. Mr. REID. Mr. President, I withdraw believe, is 721,000. But then that ran up The question is, Is it the sense of the my pending motion to proceed. against this: outside political spending Senate that debate on the motion to The PRESIDING OFFICER. The mo- that went from 1 percent to 44 percent, proceed to S. 3369, a bill to amend the tion is withdrawn. not disclosed in the last election. And Federal Election Campaign Act of 1971 f these secret groups, such as Cross- to provide for additional disclosure re- roads, with $76.8 million, and the ma- quirements for corporations, labor or- BRING JOBS HOME ACT—MOTION jority of the money that they spend is ganizations, super PACs, and other en- TO PROCEED secret money—that has changed the tities, and for other purposes, shall be Mr. REID. I move to proceed to Cal- debate. But those who are out of the brought to a close? endar No. 442, S. 3364. The yeas and nays are mandatory need for that secret money, such as The PRESIDING OFFICER. The under the rule. former Republican Senators Rudman clerk will report the motion. and Hagel, are clear: The clerk will call the roll. The bill clerk called the roll. The assistant legislative clerk read A bill is being debated this week in the Mr. KYL. The following Senators are as follows: Senate, called the DISCLOSE Act of 2012. Motion to proceed to Calendar No. 442 (S. This bill is a well-researched, well-conceived necessarily absent: the Senator from Illinois (Mr. KIRK) and the Senator 3364), a bill to provide an incentive for busi- solution to this insufferable situation. We nesses to bring jobs back to America. believe every Senator should embrace the from Alabama (Mr. SHELBY). DISCLOSE Act of 2012. This legislation Further, if present and voting, the CLOTURE MOTION treats trade unions and corporations equally Senator from Alabama (Mr. SHELBY) Mr. REID. Mr. President, I have a and gives neither party an advantage. It is would have voted ‘‘no.’’ cloture motion at the desk in reference good for Republicans and it is good for The PRESIDING OFFICER. Are there to this legislation. Democrats. any other Senators in the Chamber de- The PRESIDING OFFICER. The clo- Most important, it is good for the siring to vote? ture motion having been presented pur- American people. I urge my colleagues The yeas and nays resulted—yeas 53, suant to rule XXII, the Chair directs on the Republican side to follow the ex- nays 45, as follows: the clerk to read the motion.

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11412 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 The assistant legislative clerk read cession and the financial collapse of Instead of rewarding companies for as follows: 2008 were absolutely devastating to our shipping jobs overseas, we want to re- CLOTURE MOTION economy. We know that during that ward companies for bringing jobs We, the undersigned Senators, in accord- time, 8 million Americans lost their home. That is the whole point of this ance with the provisions of rule XXII of the jobs and many are still struggling to bill. We stop the tax deduction for Standing Rules of the Senate, hereby move get out of their own deficit hole be- moving expenses related to moving to bring to a close the debate on the motion cause of what happened. These are peo- jobs overseas. That is what this bill to proceed to Calendar No. 442, S. 3364, a bill ple who worked all their lives and does. Right now you can deduct those to provide an incentive for businesses to played by the rules, only to have the expenses as part of your business ex- bring jobs back to America. rug pulled out from under them. penses. We say: No more. Second, we Harry Reid, Debbie Stabenow, Sheldon Many of these people were folks who Whitehouse, Al Franken, Richard J. say: However, if you want to come worked in manufacturing, many in my home, we will happily give you that de- Durbin, Sherrod Brown, Richard great State of Michigan. We are so Blumenthal, Jeff Merkley, Christopher duction for the costs of moving back to A. Coons, Robert P. Casey, Jr., Ben- proud that we make things in Michi- the United States and we will add an jamin L. Cardin, Jeanne Shaheen, gan. We do not have a middle class, we additional 20 percent tax credit for Kirsten E. Gillibrand, Charles E. Schu- do not have an economy unless we those costs of bringing jobs back to the mer, Jack Reed, Barbara A. Mikulski, make things. That is what we do in United States. That is what we are John D. Rockefeller IV. Michigan. For decades, this has been doing in the Bring Jobs Home Act. Mr. REID. I ask unanimous consent the foundation of our economy. Frank- This is common sense. Unfortunately that the mandatory quorum required ly, it created the middle class of our it is not that common these days, but under rule XXII be waived. country and we are proud it started in it is common sense and it is good eco- The PRESIDING OFFICER. Without Michigan with the beginning of the nomic sense as well. It is so important objection, it is so ordered. automobile industry. that we pass this bill. We talk about Mr. REID. Mr. President, once again It is no coincidence that as those jobs tax reform. We talk about having a lot have disappeared over the decades, the I am disappointed, as I think most peo- of tax loopholes. This is one we can middle class has begun to disappear as ple in this country are, on an issue as eliminate right now, together, on a bi- well and families are in more and more timely as this, outsourcing jobs, that partisan basis. Let’s start here, the No. difficult situations personally as a re- we once again are being stymied on 1 loophole, we will close it; No. 1 pri- sult of that. Those jobs have been the moving to that legislation. We are ority, jobs in America. going to have a vote. The rules are we driving force of our economy for dec- I know some of my colleagues do not cannot have a vote on this until 2 days ades, as I indicated. Those jobs are the believe these jobs are ever coming go by, so that is a vote on Thursday. If jobs that allowed the ‘‘greatest genera- back. I hear that all the time. We in tion’’ to build the greatest economy in cloture is invoked on that, then we are Michigan have been seeing that same the world, the greatest economy we only on the bill, and then to get off of defeatist argument for 20 years. But in have ever seen. Those jobs led to tree- it would take another series of days. I fact that is not true. One of the things lined streets with at least one car in think to get final action on this is I am proudest of in the last 31⁄2 years is every driveway, and the freedom to going to take a week. that we have refocused on advanced raise a family and send them to college It is so unfortunate that we have to manufacturing, making things in and maybe have the cottage up north go through this. We have gone through America, in this country. We have a lot and be able to take the family on vaca- this so many times. There is, I repeat, more to do but we have in fact re- not an issue more timely than this— tion and have the American dream. Today in fact that dream is in jeop- focused on jobs here at home and we outsourcing jobs. Whether it is the ardy and every American family knows are seeing, because of that, a whole Olympic uniforms or the many other that. But it does not have to be that range of policies—whether it is the ad- jobs that have been lost around the way. In the last decade, companies vanced manufacturing tax cut I offered country, the American people are tired shipped 2.4 million jobs overseas. To in the Recovery Act, that allows a 30- of it, but I think it is unfortunate the add insult to injury, American tax- percent writeoff for clean energy man- Republicans are stopping us from being payers were asked to help foot the bill. ufacturing jobs, or whether it is the re- able to start legislating on this bill. It is amazing. When I explain that to tooling loans we put in place to be able The PRESIDING OFFICER. The Sen- folks in Michigan, they say you have to to help retool plants to be able to mod- ator from Michigan. be kidding—or they say other things I ernize in the name of advanced manu- Ms. STABENOW. Mr. President, I cannot repeat on the floor of the Sen- facturing. It is bringing jobs back. rise today to urge my colleagues to ate. Just imagine if you are one of We put in place some initial actions support the motion we have before us those workers in Michigan or in Vir- that are making a difference and we to begin consideration of my bill, the ginia or in Ohio or in Wisconsin or any- are now seeing every month that man- Bring Jobs Home Act. I thank my lead- where in this country who maybe was ufacturing is having an uptick. It has er for making this a priority and thank forced to train your overseas replace- been one of the only areas where pretty the President of the United States for ment before you were laid off. Imagine much every month we have begun to also making this a priority as we move what your reaction would be—more see a slow return. We are beginning to forward. colorful than I have been able to state see some of these jobs come back as a Let me start on process, to say it is here. When an American worker is result. Our companies are doing the true, of course, as the leader indicated, asked to subsidize the moving ex- calculations, finding out that bringing we could be simply on this bill and penses, as they do today under current jobs home makes good business sense. working to complete it and pass it. But tax policy—the moving expenses and It is time our Tax Code stops standing unfortunately, as happens on every- costs so their own job can be shipped in the way and actually has caught up thing now, when the leader attempts to overseas—there is something seriously with what many businesses are doing. move to a bill, there is an objection to wrong with our Tax Code and with our Ford Motor Company brought jobs that. When there is, it puts us into a priorities. back from Mexico to support advanced situation where we have to spend sev- It does not have to be that way. In vehicle manufacturing at their newly eral days trying to overcome a poten- fact, we can change that. We can retooled Wayne Assembly Plant in tial filibuster to be able to move to the change that this week on the floor of Wayne, MI. Chrysler is growing and ex- bill. So, process-wise, that is where we the Senate by passing the Bring Jobs panding their operations here in the are. Home Act and sending it to the House United States, investing—95 percent I From a substance standpoint it is ab- and then sending it to the President believe is the last number which I solutely critical that we move to this where I know he will enthusiastically heard of their investments are being bill and that we pass it. The great re- and immediately sign it. done in America. We are proud to have

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11413 them investing in Detroit and in Michi- writeoff as a result. That makes abso- come together and pass the Bring Jobs gan. Last week we saw a report that lutely no sense. I cannot imagine any Home Act. GM is about to go on a ‘‘hiring binge.’’ other country in the world allowing I suggest the absence of a quorum. I love this, I love anything called a hir- that to happen. The PRESIDING OFFICER (Mrs. ing binge, as they bring almost all of When I think about places such as SHAHEEN). The clerk will call the roll. their information technology needs China, where at this point they say: The assistant legislative clerk pro- back in-house, and to America. Come on over, we will build the plant ceeded to call the roll. We have a great company in De- for you. Forget about a retooling loan; Mr. HOEVEN. Madam President, I troit—actually from New Jersey, now we will build the plant for you. Of ask unanimous consent that the order in Detroit—Galaxy Solutions, that has course, then we will steal their pat- for the quorum call be rescinded. an ‘‘outsource to Detroit’’ effort going ents, and there are a lot other chal- The PRESIDING OFFICER. Without on to bring IT back from places such as lenges, but: Come on over and we will objection, it is so ordered. India and Brazil and China. We have on build the plant for you. The last num- TAX REFORM the side of one of our largest buildings bers I saw showed that China was Mr. HOEVEN. Madam President, I this great sign that says ‘‘outsource to spending $288 million a day—probably rise to speak about progrowth tax re- Detroit.’’ If we are going to outsource more now—on clean energy policies form. One week ago Monday, President somewhere, let’s outsource to our and manufacturing, and new cutting- Obama proposed to raise taxes on over American cities. We love the fact that edge efforts to try to compete and beat 1 million small businesses in this coun- they are part of the effort to rebuild us in an area we should own. try. Even though he said in the past and refocus on Detroit. Between our universities and our that we cannot raise taxes in a reces- We have companies that want to in- businesses and our great workforce we sion and that higher taxes will hurt our vest in America. We have stories about ought to completely own these tech- economy and hurt job creation, he pro- GE coming back. We have stories in nologies. I am very proud to say that posed raising taxes on more than 1 mil- every State of companies that are Michigan is now No. 1 in new clean en- lion small businesses across this coun- bringing jobs back to America. We ergy patents. We were proud to open, try. have men and women who want to last Friday, the first U.S. Patent Office Last week I came to the floor to talk outside of Washington, DC, in Detroit, work. We have companies that are about why that is not the right ap- MI, as a result of that. There are great looking at bringing jobs back. CNBC proach and to discuss the approach we ideas happening all over this country called it ‘‘the stuff that dreams are should take, the right approach. I right now, innovators—frankly, people made of.’’ pointed out that his approach—the ad- I think going forward the great eco- who have lost their jobs and they are ministration’s approach—has made our now back in their garage or basement nomic resurgence for us is involved in economy worse since he took office. or the extra bedroom, with new ideas. advanced manufacturing, making Here are the facts, and they speak for We want to create businesses to sup- things in America and bringing our themselves. Today we have 8.2 percent port their creation of businesses by jobs back to America. It is more than unemployment. We have had over 8 incentivizing them, not having a Tax time. It is what our workers are dream- percent unemployment for 41 straight Code that incentivizes somebody to ing of. We are proud in Michigan of our weeks. We have more than 13 million move overseas. workforce, these folks who know how This legislation I think is pretty sim- people who are out of work and another to work, they want to work, they work ple. It is about bringing jobs home to 10 million people who are under- hard every day. I have to say that ef- America. We are going to stop writing employed. That is 23 million people forts such as ‘‘outsource to Detroit’’ off the costs, allowing that business to who are either unemployed or under- are giving them a new chance to do be subsidized by all of us, including the employed. Middle-class income has de- that, as well as the other efforts that people they lay off, in order to move clined from an average of $55,000 down are going on around Michigan. overseas. Instead, we are going to say to $50,000 since the President took of- There are so many opportunities no, if you move overseas you are on fice. Food stamp usage is up. There right here in America. We have the your own. But if you want to come were 32 million food stamp recipients great new ideas. We have the ingenuity back we are happy to allow you a busi- at the beginning of the Obama adminis- and the innovation. We have to make ness deduction for those moving ex- tration; today there are 46 million re- sure we have the right policies to make penses and we will add another 20 per- cipients. We have gone from 32 million it happen, that we are not doing any- cent toward the costs of your expenses people on food stamps to 46 million thing in our Tax Code that encourages on top of it. That is what we should be people on food stamps. Home values jobs to go overseas; that we do every- doing. That is smart tax policy. It is have dropped from an average of thing possible to support efforts to common sense. It is one step in a series $169,000 to an average of about $148,000. bring them back and then to reinvest of things we need to do in order to be Let’s talk about economic growth. and to expand upon research, develop- able to bring jobs home and make GDP growth is the weakest for any re- ment, innovation, retooling the plants things in America again. I hope we will covery since World War II. In the last we have, reinvesting in communities, see an overwhelmingly positive, bipar- quarter, the rate of growth was 1.9 per- reinvesting in our cities, and focusing tisan vote on this bill. It would send a cent over the prior quarter. There were on a strategy of American jobs. That is wonderful message that we can work 82,000 jobs created in the month of what everyone wants us to be doing. together. June. We need 150,000 jobs gained each There is a great place to start and We worked together not long ago to month just to keep up with population that is with our Tax Code so that it pass a farm bill with a strong bipar- growth and to reduce the unemploy- catches up with what leading-edge tisan vote because we need to make ment rolls. business leaders already know. Amer- and grow products in America. That is Those are some of the statistics. ican businesses, American workers can how we make an economy; that is how When I spoke on the Senate floor last compete with anybody in the world if we have a middle class. We came to- week, I also read a letter from one of we have a level playing field and we gether, and I am very appreciative of my constituents back home who is a give them a chance to do it. everyone coming together and working small business owner. He owns an Ace This is a moment, I believe, for us to with me and Senator ROBERTS to get Hardware store. In his letter, he stated indicate very strongly to everybody in that done. This is another opportunity. very clearly and very eloquently that the country that we get it and that we It is another way for us to come to- the President’s approach with small are not going to allow the Tax Code to gether and say: We get it. We under- business is hurting our economy. I am continue to create a situation where if stand what is going on in the country. not going to read the full letter, but I someone wants to close up shop and Let’s work together and get the job do want to read a couple of lines from move overseas they can get a tax done. I strongly urge colleagues to his letter.

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11414 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 His letter states: that by raising taxes and growing gov- The Food and Drug Administration The president’s programs not only limit ernment. Clearly, that is not the way has been spying on this enemies list. my company’s potential to grow, but they to go. The FDA has been spying on the per- destroy any incentive to work and hire more The President says everyone needs to sonal e-mails of these employees and people. I just don’t know if he doesn’t under- pay their fair share. Well, of course ev- everybody these employees contacted. stand what he’s doing, or just doesn’t care. eryone needs to pay their fair share, That includes their protected commu- I am taking that right out of a small but the way to ensure that gets accom- nications even with those of us in Con- businessperson’s letter. Keep that last plished is with comprehensive gress. line in mind for just a minute. progrowth tax reform and closing loop- We would not have known the extent I just don’t know if he— holes. Let’s extend the current tax of the spying if internal FDA docu- President Obama— rates for 1 year, and let’s set up a proc- ments about it had not been released doesn’t understand what he’s doing, or just ess to pass comprehensive progrowth on the Internet, apparently just by ac- doesn’t care. tax reform that lowers rates, closes cident. We would not have known how I referenced that because the Presi- loopholes, that is fair, that is simpler, the FDA intentionally targeted and dent gave a speech last Friday in Roa- and that will generate revenue to re- captured confidential, personal e-mails noke, VA. In his speech, he followed up duce our deficit and our debt through between the whistleblowers, their law- on his plan to raise taxes on small economic growth rather than through yers, and those of us in Congress. businesses. I am going to read right higher taxes. The reality is that is the In these internal documents, the from the President’s speech. I think it only way to go—along with reducing FDA never wanted the public to see gives insight as to his view of small government spending—that will get that it referred to whistleblowers as business and how our economy works. our debt and deficit under control and ‘‘collaborators.’’ FDA refers to con- He said: get our people back to work. To be suc- gressional staff as ‘‘ancillary actors.’’ There are a lot of wealthy, successful cessful, this effort needs to be bipar- FDA refers to newspaper reporters as Americans who agree with me—because they tisan, and the clock is ticking. ‘‘media outlet actors.’’ These memos want to give something back. They know So let’s get started. Let’s give small make the FDA sound more like the they didn’t—look, if you’ve been successful, business in this country the legal, tax, East German Stasi than a consumer you didn’t get there on your own. You didn’t and regulatory certainty to encourage protection agency in a free country. get there on your own. I’m always struck by private investment and innovation. At the beginning of Commissioner people who think, well, it must be because I That is the American way. That is the Hamburg’s term, she said whistle- was just so smart. There are a lot of smart blowers exposed critical issues within people out there. It must be because I real American success story. We can do worked harder than everybody else. Let me it, and we need to make it happen now. the FDA. That seems to be a very ap- tell you something—there are a whole bunch Thank you, Madam President, and I proving comment. She vowed to create of hardworking people out there. yield the floor. I would also suggest the a culture that values whistleblowers. If you were successful, somebody along the absence of a quorum. That appears to be a very approving line gave you some help. There was a great The PRESIDING OFFICER. The statement. In fact, in 2009 she said: ‘‘I teacher somewhere in your life. Somebody clerk will call the roll. think whistleblowers serve an impor- helped to create this unbelievable American The legislative clerk proceeded to tant role.’’ system that we have that allowed you to call the roll. I wanted to believe Commissioner thrive. Somebody invested in roads and The PRESIDING OFFICER. The Sen- bridges. If you’ve got a business—you didn’t Hamburg when she testified before the build that. Somebody else made that happen. ator from Iowa. Senate committee during her con- The Internet didn’t get invented on its own. Mr. GRASSLEY. Madam President, I firmation. I wanted to believe her when Government research created the Internet so ask unanimous consent that the order she said she would protect whistle- that all the companies could make money off for the quorum call be rescinded. blowers at the Food and Drug Adminis- the Internet. The PRESIDING OFFICER. Without tration. However, the facts now appear So that is right out of the President’s objection, it is so ordered. very different. speech in Roanoke, VA, last Friday. I FDA INVESTIGATION In this case, the FDA invaded the pri- think these comments provide real in- Mr. GRASSLEY. Madam President, I vacy of multiple whistleblowers. It sight into President Obama’s view of come to the floor to address my col- hacked into the private e-mail ac- our economy and the role of small busi- leagues about a Federal agency that counts and used sophisticated key- ness in our economy. He says we have has forgotten that this Federal agency stroke logging software to monitor all had help in our lives, and that is is supposed to be working for the their every move online. certainly true. There is no question American people. This is an agency When an FDA supervisor was placed about that, and I don’t think anyone that has gotten too big for its britches. under oath in the course of an equal disputes that. Some of the officials have forgotten employment opportunity complaint, He makes it clear that he believes who pays their salary. that employee—that supervisor—testi- government, not small business, is the The Food and Drug Administration is fied that the FDA was conducting driver of our economy. He says it is supposed to protect the American peo- ‘‘routine security monitoring.’’ That is government that paves our roads and ple, except lately the only thing the entirely false. This monitoring was invented the Internet. In essence, it is FDA bureaucrats seem to have any in- anything but routine. It specifically government that made successful peo- terest in is protecting themselves. Ac- targeted five whistleblowers. It inten- ple successful and government that cording to whistleblowers and pub- tionally captured their private e-mails makes our economy go. lished reports in the Washington Post to attorneys, to Members of Congress, That is just not right. It is small and in the New York Times, the agency and to the Office of Special Counsel. business that makes our economy go. in charge of safeguarding the American The internal documents showed that It is small business that made our public and providing for the public this was a unique, highly sophisticated, economy the envy of the world. It is safety has trampled on the privacy of and highly specialized operation. small business that serves as the back- its very own employees. The FDA According to the Office of the Inspec- bone of our economy, that employs our mounted an aggressive campaign tor General, the Food and Drug Admin- people, that generates tax revenue to against employees who would dare to istration had no evidence of any crimi- build our roads, creates innovation like question its actions and created what nal wrongdoing by these whistle- the Internet, and that provides Ameri- the New York Times termed an ‘‘en- blowers. This massive campaign of spy- cans with the highest standard of liv- emies list’’ of people it considered dan- ing was not just an invasion of privacy; ing in the world. Small business is the gerous. It kind of reminds us of Presi- it was specifically designed to inter- engine that drives our economy, and dent Nixon and the IRS going after en- cept communications that are pro- we need to get it going. We don’t do emies. tected by law. The Office of Special

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11415 Counsel is an agency created by Con- ducting some secret review of the These whistleblowers thought the gress to receive whistleblower com- FDA’s responses to this Senator’s ques- FDA was approving drugs and treat- plaints and to protect whistleblowers tions? Why was there all of a sudden ment it shouldn’t. These whistle- from retaliation. The law protects interest in exerting political control blowers thought the FDA was caving to communications with the special coun- over the correspondence of this sup- pressure from the companies who were sel as a way to encourage whistle- posedly independent Federal agency? applying for FDA approval. They have blowers to report waste, fraud, abuse, And when we use the words ‘‘inde- a right to express those concerns with- mismanagement, and threats to the pendent Federal agency’’ around here, out any fear of retaliation whatsoever, public safety, and to do that reporting we mean not subject to political con- if the law is going to be followed—the without fear of retaliation. The FDA trol. law protecting whistleblowers. But knew that contacts between whistle- We need answers, and we need an- after doing so, two of these whistleblowers and the Office of Special Coun- swers now. I have been demanding an- blowers were fired, two more were sel are privileged and confidential, but swers for 6 months. For the past 6 forced to leave FDA, and five of them the James Bond wannabes at the FDA months, FDA has been telling me to were subjected to an intense spying just didn’t seem to care what the law just be patient. The FDA has been tell- campaign. said. ing me they have a good story to tell— Senior FDA officials may have bro- In the end, the self-appointed spies and those are their words, ‘‘a good ken the law. They authorized the cap- turned out to be more like the bum- story to tell.’’ turing of personal e-mail passwords bling Maxwell Smart. Along with their Apparently, though, there is someone through keystroke logging software. own internal memos about spying, the in this administration—President That potentially allowed them to log in to the whistleblower’s personal e- fruits of their labor were also acciden- Obama’s administration—who didn’t mail accounts and access e-mails that tally posted on the Internet. It is tens want them to say anything for as long were never even accessed from a work of thousands of pages of e-mails and as they could possibly get away with computer. Without a subpoena or war- pictures of the whistleblower computer not saying anything. I finally got Com- rant, that would be a criminal viola- missioner Hamburg on the phone in screens containing some of the very tion. same information the FDA bureaucrats June of this year. Commissioner Ham- After 6 months, FDA finally denied were so keen to keep secret. burg personally assured me the FDA that occurred. However, that denial When I started asking questions was going to fully cooperate with my was based on the word of one unnamed about this, FDA officials seemed to suf- investigation. Yet the FDA has pro- information technology employee in- fer from a sudden bout of collective vided me with nothing but misleading volved in the monitoring. We need a amnesia. It took them more than 6 and incomplete responses. more thorough investigation than that. months to answer a letter from last The FDA has failed to measure up to I have asked the FDA to make that January starting my investigation of Commissioner Hamburg’s pledge of co- person and several other witnesses this issue. When I pushed for a reply operation. The FDA buried its head in available for interviews with my staff. during those 6 months, FDA told my the sand in hopes I would lose interest We will see how cooperative FDA plans staff that the response would take time and go away. They don’t know me very to be now. I will continue to press the to make sure it was accurate and com- well. That is not going to happen. FDA to open every window and every plete. I don’t care who is in charge of the door. Eventually enough sunlight on When I finally got the response on executive branch—Republican or Dem- this agency will cleanse it. Friday, it doesn’t even answer the sim- ocrat—I am going to continue demand- FDA gets paid to protect the public, plest of questions, such as who authoring answers. When government bureau- not to keep us in the dark. Secret mon- ized this targeted spy ring, and isn’t it crats obstruct and intercept my com- itoring programs, spying on Congress, a coincidence that just Friday, before munications with protected whistle- and retaliating against whistle- the New York Times article was going blowers, I am not going to stop. When blowers—this is a sad commentary on to come out, they finally answered a government bureaucrats stonewall for the state of affairs at the FDA. letter going way back to my questions months on end, I will not stop. When I know there are hard-working and of January. Worse than that, though, it government bureaucrats try and principled rank-and-file employees at is misleading in its denials about in- muddy the waters and mislead, I will the FDA who care very much about tentionally intercepting communica- not stop. I intend to get to the bottom their mission to protect the American tions with Congress. of it. public from harm. Unfortunately, all When I asked them why they I will continue to press the FDA too often those rank-and-file employ- couldn’t just answer some simple ques- until we know who authorized spying. ees are unfairly tarnished by others, tions, they told my staff that the re- Can my colleagues imagine spying in such as those involved in this spy ring. sponse was under review by the ‘‘appro- American government, a transparent This is a sad commentary on Presi- priate officials in the Administration.’’ government—supposed to be trans- dent Obama’s promise to the American The nonanswers and the doublespeak parent—spying on whistleblowers who people that this would be the most transparent administration in history. would have fit right into some George are protected by law and who have a The American people cannot lose faith Orwell novel. special office set up to protect them, Of course, when my staff dug deeper and spying on communications be- in the FDA. Unfortunately, after this debacle, some of that faith may dete- and asked if the response was being re- tween a lawyer and their client? riorate. The FDA has a lot of work to viewed by the Office of Management Someone within the FDA specifically do to restore the public’s trust. authorized spying on private commu- and Budget, the Food and Drug Admin- I yield the floor and suggest the ab- istration responded: No, it wasn’t being nications with my own office and with sence of a quorum. reviewed by OMB. several other Members of Congress. The PRESIDING OFFICER. The FDA refused to identify who within Someone at FDA specifically author- clerk will call the roll. the administration was holding up the ized spying on private communications The legislative clerk proceeded to FDA’s response to my letter. Now, that with Congressman VAN HOLLEN’s office. call the roll. is in an administration that said on Someone at FDA specifically author- Mr. HATCH. Madam President, I ask January 20, 2009, they are going to be ized spying on private communications unanimous consent that the order for the most transparent in the history of with the staff of the Senate Special the quorum call be rescinded. this country. FDA refused to say how Committee on Aging. Someone at FDA The PRESIDING OFFICER. Without long it had been sitting on that per- specifically authorized spying on pri- objection, it is so ordered. son’s desk or why it had been approved vate communications with the lawyers THE ECONOMY by the political officials outside the for whistleblowers, and those lawyers Mr. HATCH. Madam President, the FDA. Who is this shadowy figure con- are called the Office of Special Counsel. American people are struggling. Our

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He ing the wealth around over growing the have engaged in some revisionist fiscal talks about investments—investments economy and creating jobs. history. in infrastructure, in roads, and in The Vice President spoke yesterday I want to begin by correcting the bridges—while he has spent trillions. about the values of Republicans and record on this revisionist fiscal his- Where are the roads? Where are the the values of Democrats. Naturally, he tory. I will follow that with a discus- bridges? Where is the new electrical spoke pejoratively about Republican sion of the other side’s insatiable appe- grid? values. I disagree with him, naturally, tite for taxes and spending. This reckless spending is a sin of on his negative assessment, but I do We have recently been debating commission. But the administration’s agree that there is a clear distinction— whether we should adopt the Presi- sins of omission are perhaps worse. a clear choice—between the values em- dent’s policy to raise taxes on small With businesses and families lacking braced by Republicans and Democrats. business. We have also discussed the any certainty at all about their tax Republicans want to grow the econ- tax monster that is stalking the Amer- rates next year, the President and his omy and create jobs so that American ican people under the guise of liberal allies have, nonetheless, stead- families can thrive. However, to judge ObamaCare. In both of these debates, fastly refused an extension of the 2001 by their single-minded pursuit of tax we have heard a good deal of fictional and 2003 tax relief. increases, President Obama and his lib- accounting. Even worse, they are so committed eral allies appear to value a politics of These accounts share much with to raising taxes on small businesses— class envy and wealth redistribution. other stories we have heard from the the same small businesses that must be Having Washington bureaucrats man- other side over the past decade. You cultivated to get our economy and job age the economy in the name of wealth hear it from our friends in the majority growth moving again—that he and his equalization is their first priority, re- whenever the Senate discusses spend- Democratic allies in the Senate have gardless of any evidence that this tax ing or tax policy. I have noticed that put their feet down and are denying tax policy undercuts economic growth and the arguments boil down to two points. My friend and colleague, the former relief to anyone unless they get their job creation. chairman and ranking member of the way on tax increases. Unfortunately, the President’s eco- Senate Finance Committee, Senator And make no mistake about it, in- nomic ethic is significantly hampering GRASSLEY, came up with this thumb- creasing taxes is what they intend to our economic recovery with disastrous nail description of this creative histor- do. They intend to do it so they can consequences for America’s families. ical account: spend more. They live to raise taxes. It Today, Ben Bernanke, the Chairman First, all of the so-called good fiscal is almost as though their only source of the Federal Reserve, testified before history of the 1990s was derived from of pleasure is hiking taxes. Taking the Senate Banking Committee. As the the partisan tax increases of 1993. That money out of the private sector and Senate’s Democratic leadership and is their argument. And second, all of controlling it for their liberal agenda the President ignore the fiscal cliff, the supposedly bad fiscal history tak- is like some power trip for the left. Chairman Bernanke’s words are a som- ing place within the past 10 years is to And do not fall for that red herring ber reminder of what we face if we do be blamed on the bipartisan tax relief fiscal responsibility argument ad- not address the fiscal cliff. plans originally enacted during the last vanced by my friends on the other side. He testified that the recovery ‘‘could administration and continued under If you look at comparable policy be- be endangered by the confluence of tax the present administration. tween the Hatch-McConnell amend- increases and spending reductions that You could go one step further and, as ment and the Democratic leadership’s will take effect early next year if no a policy premise, refine that thumbnail position, they differ by about $41 bil- legislative action is taken.’’ He stated description to two short sentences. lion for the policy for 2013. That $41 bil- that the public uncertainty about the First sentence: Lower taxes are bad. lion represents 1.1 percent of the spend- resolution of these issues is a negative Second sentence: Higher taxes are ing proposed in the President’s budget drag on the economy, and he concluded good. for 2013. The House budget, rejected by that addressing this cliff ‘‘earlier rath- Not surprisingly, these revisionist our friends on the other side, would reer than later would help reduce uncer- historians support higher taxes and duce the deficit by restraining spend- tainty and boost household and busi- higher government spending. Not suring by $180 billion—more than four ness confidence.’’ prisingly, the revisionists oppose cut- times the deficit reduction that would But instead of addressing these crit- ting taxes and cutting government be achieved through the tax hikes in- ical economic issues, the Senate spent spending. sisted upon by the Democrats. another day voting on the same I direct folks to the Senate floor re- But what does that tax increase doomed piece of partisan legislation. marks I made on Valentine’s Day last mean in terms of harm to the econ- Rather than take on the hard work of year. It is important to reiterate the omy? addressing the fiscal cliff that our main point of those remarks. Our My friends on the other side of the economy is approaching, we spent pre- friends on the other side assert that aisle should consider this: Today, a cious time yesterday debating the DIS- raising taxes was the key to a growing study commissioned by the National CLOSE Act. For those who are not economy in the 1990s, and raising taxes Federation of Independent Business, aware, this is a bill that had one pur- could work this magic again. the S Corporation Association, and the pose: to discourage political engage- A quick look at the data from the U.S. Chamber of Commerce confirmed ment by President Obama’s opponents. 1990s shows this assertion can be sum- again that the President’s attempt to It takes a pretty bad bill to unify the marily dismissed. stick it to the rich is going to end up ACLU; that is, the American Civil Lib- I have a chart. According to the Clin- skewering small businesses and the erties Union, and the NRA against it. ton administration’s Office of Manage- families who work for them, or would But the DISCLOSE Act has brought ment and Budget or OMB, the impact like to work for them. the lion and the lamb together against of the much bragged about tax hike bill This report, published by Ernst & it. of 1993 was minimal. The Clinton ad- Young—one of the great accounting It is bad enough that we spent all of ministration OMB concluded that the firms in this country—and authored by yesterday debating a bill that has no 1993 tax increase accounted for only 13 Dr. Robert Carroll and Gerald Prante, shot of becoming law. It is even worse percent—as you can see, the green bar found that if the President gets his that we devoted nearly an entire day on the circular chart—the 1993 tax in- way, the economy will be 1.3 percent today to debating the same bill again. crease accounted for only 13 percent of

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11417 deficit reduction between 1990 and 2000. above their historic averages, we are that the Internet Web address to Mr. Thirteen percent puts the 1993 tax in- misleading and mistreating the prob- Leonhardt’s piece be printed in the crease behind other factors, such as de- lem. The reason for our previous sur- RECORD. fense cuts, other revenue, and interest pluses was low spending, and the rea- There being no objection, the mate- savings. The data clearly shows that son for our current deficits is high rial was ordered to be printed in the tax increases did not drive the deficit spending. We cannot tax our way to fis- RECORD, as follows: reduction. cal health. [From the New York Times, Aug. 24, 2008] As a matter of fact, only 13 percent I now turn to a second issue that de- OBAMANOMICS of the positive fiscal history of the mands a response. It has a corollary of (By David Leonhardt) 1990s is due to the 1993 tax increase. the theme underlying the revisionist http://www.nytimes.com/2008/08/24/ That is it—13 percent. It is right here fiscal history I have discussed. It is the magazine/24Obamanomics-t.html on the green part of the chart. insatiable appetite for taxes and spend- Mr. HATCH. For those of us not in- Well, what about the last decade? ing that we see from the President and vited to the local Dairy Queen for a The period of 2001 to 2010 saw a lot of my friends on the other side. Blizzard with the oracle of Omaha, the deficits. From what you hear from our Last week, President Obama once Warren cited in this quote is none friends on the other side, those deficits again called for tax increases in order other than Warren Buffet. He is a are a direct result of the tax relief that to fund his so-called progressive vision friend of mine—you know, the same benefited virtually every American of government. I am specifically speak- Buffett from which the Buffett rule or taxpayer. Yet CBO data tells us a dif- ing of the President’s latest proclama- Buffett tax is named. ferent story. tion that the tax relief of 2001 and Setting aside the ridiculous notion On May 12, 2011, CBO released a recap 2003—tax relief supported by the Presi- that Americans are as oblivious to of the changes over the last decade. At dent and 40 Senate Democrats in 2010— taxes as cattle are to the purposes of the start of 2001, as everyone agrees, should not be extended for people earn- the slaughterhouse they are being led CBO projected a surplus of $5.6 trillion. ing $250,000 or more a year. This was into, this quote very accurately illus- Over the decade, deficits of $6.2 trillion breathlessly reported in some quarters trates the liberal attitude toward materialized. That is a swing of $11.8 of the fourth estate as if it constituted taxes, which is that they always need trillion. What did CBO say were the news. In my opinion, the more proper to go up. causes? and accurate response would be to bor- This chart illustrates government My friends on the other side might be row from President Ronald Reagan revenue as a percentage of GDP. Look surprised to learn that the answer is when he said ‘‘there you go again’’ to at that. The purple line is total govern- not primarily tax relief. Higher spend- Jimmy Carter in a 1980 debate. ment. The red line is Federal Govern- ing accounts for 44 percent of the Perhaps ironically President Reagan ment. The green line is State and local change. Higher spending, no question was responding to President Carter’s government. When we combine them, about it. comments on a national health insur- we get the purple line, which is well Let me repeat that. Higher spending ance proposal. President Reagan was over 25 percent for most of the time, was the biggest driver of the deficits of more right than even he knew. from 1970 up to 2010. the last decade. Getting back to taxes and the role of There are some fluctuations, but over Economic and technical changes in government, President Reagan was es- the last 40 years, revenues have been the estimates accounted for 28 percent sentially making the same point this roughly stable. We can see in the past of the change. So all tax relief, includ- chart shows, which is liberal logic. No 10 years a dip around the time the so- ing the tax relief passed by Democratic matter what problems face the left, the called Bush tax relief was enacted, fol- Congresses and tax relief signed into answer is always the same solution. lowed by a rebound as the tax cuts pro- law by President Obama, accounts for Health care is too expensive; raise moted growth, followed by a dip in rev- 28 percent. The tax relief legislation, taxes. Spending is out of control; raise enues as the recession set in. We can much maligned by our friends on the taxes. Gas prices are too high; raise see that it came down around 2000, other side, accounts for less than half taxes. Too many people are unem- went up a little more, and then came of the fiscal change attributable to tax ployed; raise taxes. It is a broken down again. relief. Specifically, the bipartisan tax record. According to the CBO, as of June 5, relief bills of 2001 and 2003, including Again, no matter what problem faces 2012, Federal revenues averaged 17.9 the AMT patches in those bills, ac- the left, the answer is always the same. percent of GDP over the past 40 years. counted for 13.7 percent of the fiscal More taxes are always needed in order The same CBO report—the 2012 long- change of the last decade. to increase the size and scope of the term budget outlook—forecasts that That is not ORRIN HATCH speaking, it government in people’s lives. under current law, Federal revenues is the nonpartisan congressional score- The Supreme Court recently affirmed will be 18.7 percent of GDP next year in keeper, CBO. the point of this chart—the liberal so- 2013 and will be 23.7 percent of GDP in So how much of the bad fiscal history lution to rising health care costs and 2037. of the last decade is attributable to tax lack of coverage were tax increases. Somebody could say that current law relief? Twenty-eight percent. That is The propensity of President Obama is not realistic and some tax provisions it. That includes the tax cuts in par- and his ideological allies to raise taxes that are scheduled to expire will likely tisan bills such as the stimulus. If you is nothing new, and it is widely ac- be extended. To account for this, CBO isolate the bipartisan bills that are the knowledged as well. Back in August of has an alternative fiscal scenario object of sharp criticism from our 2008, David Leonhardt wrote a piece in which assumes the extension of certain friends on the other side—the 2001 and the New York Times that quoted then- tax policies through 2022. 2003 tax cuts—you will find that those candidate Obama. It is titled CBO assumes this would lead to the bills account for only 13.7 percent of ‘‘Obamanomics,’’ and here is what he Federal revenues increasing to 18.5 per- the fiscal change in the last decade. said: cent of GDP in 2022, with that level Abnormally low levels of spending being preserved going forward. We defi- If you talk to Warren, he’ll tell you his contributed significantly to the sur- preference is not to meddle in the economy nitely know that President Obama pluses of the 1990s. Abnormally high at all—let the market work, however way doesn’t support the assumptions that spending drove the deficits of the past it’s going to work, and just tax the heck out are part of CBO’s alternative fiscal sce- decade. Abnormally high spending is of people at the end and just redistribute it. nario because earlier this week he driving our current deficits, and it will That way you’re not impeding efficiency, called for taxes to increase on hundreds drive our future deficits as well. and you’re achieving equity on the back end. of thousands of small businesses—al- To my friends on the other side, if we In order that people may peruse the most 1 million small businesses and focus instead on hiking taxes way whole story, I ask unanimous consent business owners.

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11418 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 The question remains, Why do my ology, and that any resolution of our fund this expansion with higher taxes friends on the other side think taxes debt crisis will require that Repub- on so-called rich people. always need to go up? The answer to licans get with the program and ac- I want to conclude my remarks with this question is more complex than I knowledge the need for increased taxes. a question. If we are getting more gov- am going to discuss right now, but part As I have shown, this characteriza- ernment, what are we getting less of? I of the answer is that taxes need to go tion of our fiscal and political prob- am going to go back to the chart I dis- up in order to increase the size and lems is not close to half right. By far, played earlier of government spending scope of government in the lives of all the greatest cause of our fiscal short- as a percentage of GDP. Americans. comings is increased spending. This one right here. We can see gov- Here is another chart that compares Our increasingly precarious fiscal sit- ernment spending is going up, but what State and Federal Government reve- uation did not arise from a dramatic is going down as a result? What does nues, which we have just examined, decrease in taxes but, rather, is being the area on the top of that chart, which with total government spending. We caused by a dramatic increase in Fed- is diminishing, represent? This is a will notice Federal Government spend- eral spending. There is a continual ef- subject that lends itself to prolonged ing is the purple line on the top most fort underway to deny this reality but discussion, but for one answer we can of the way through except where it reality it remains. get back to Mr. Leonhardt’s piece in intersects with the red line, which is I have a chart that summarizes the the New York Times. This is the same total government revenue. All of a sud- latest tactic being used to convince piece from August 24, 2008, and con- den total government revenue goes people that exploding government tains a quote from then-candidate down, but total spending seems to go spending is not the disaster it appears Obama critiquing his friend Warren’s up between 2005 and 2010. to be, and this is called the rich guy argument. We can see that over the past 40 chart. As John Stossel has pointed out, President Obama said: years it looks like spending has been people like free stuff. The problem with I do think that what the argument may inclined to move up, but only in the free stuff from the government is that miss is the sense of control that we want in- past few years does it jump to unprece- nothing is free. To quote John Stossel, dividuals to have in determining their own dented heights. Virtually every action ‘‘It’s an Uncle Sam scam.’’ Stossel was career paths, making their own life choices taken by the Obama administration specifically discussing the ability of and so forth. And I also think you want to instill that sense of self-reliance and that and Democratic Senate leadership has people to exploit a tax credit for elec- amounted to an increase in the size and what you do will help determine outcomes. tric vehicles in order to acquire golf Let me refer to the Obamanomics II scope of government. carts, but the principle applies to any The continuing government takeover chart. If candidate Obama was in the instance where the government sup- midst of an internal struggle over the of health care is just the single most posedly provides something for noth- prominent example right now. On all appropriate role of government back in ing. This is where the cartoon of the 2008, that struggle is over—self-reliance fronts, President Obama’s expansion of rich guy behind me comes in. Goodies government is on the march, trampling lost and taxing the heck out of people from the government are a lot less ap- whatever gets in its way. and redistribution won. It runs through pealing when there is a pricetag in- The chart behind me is a combina- the theme of his revisionist fiscal his- tion of Federal and State spending. If volved, and many people would like to tory, and it is the ethic underlying the we are just talking about the Federal decide how they are going to spend insatiable appetite my friends on the Government, in the CBO document I their own money. The left’s preferred other side have for taxes and spending. cited earlier, it is projected that debt solution to this little quandary is to This, in and of itself, is not anything will eventually reach 200 percent of our have someone else foot the bill. new for liberals and progressives. Once economy—that means of the GDP— For President Obama, that someone again, I will quote my friend Ronald that health care spending will rise to else is, in his words, ‘‘the rich,’’ which Reagan in my response to the Presi- record levels, and that Medicare and includes all these small businesses that dent’s plan to tax the heck out of peo- Social Security are on a path to dis- are formed in subchapter S corpora- ple in the name of redistribution: aster. tions and other passthrough entities, ‘‘There you go again.’’ Getting back to the chart, the com- including partnerships, LLCs, and so I suggest the absence of a quorum. bined State and Federal spending and forth—small businesses that are vital The PRESIDING OFFICER. The revenues—the purple line—what I find to our economic recovery. clerk will call the roll. particularly striking is the large gap Unfortunately, that approach is just The assistant bill clerk proceeded to between the spending and revenue as realistic as the cartoon I am using call the roll. lines. Once again, as CBO has indi- to illustrate my point. While many of Mr. THUNE. Mr. President, I ask cated, that gap is likely to increase to us may not while away our leisure time unanimous consent that the order for more than twice the size of our whole down at the club playing whist with the quorum call be rescinded. economy. We are already at 103 percent monocled robber barons, a lot of us The PRESIDING OFFICER (Mr. BEN- of GDP. probably know of small businesses in NET). Without objection, it is so or- If I recall correctly, Spain is a little our communities that employ us or our dered. more than half of that—around 70 per- neighbors and provide goods and serv- Mr. THUNE. Mr. President, one of cent. Yet Spain is considered in real ices that consumers want and our econ- the foremost threats to our economy is trouble in Europe. Once again, as CBO omy demands. the fiscal cliff. This is an issue my Re- indicated, that gap is likely to increase When liberals are talking about this publican colleagues and I have been to more than twice the size of our guy in the top hat with the monocle, talking about for several months now, whole economy. they are talking about the hard-work- calling for more transparency in the Finally, here is a chart of Federal ing small business owner. So when sequestration that will occur at the and State government spending as a President Obama talks about increas- end of the year, a replacement of the percentage of GDP. Look at this. ing taxes on the rich, he is talking defense sequester, and actions to pre- I apologize for being repetitive, but if about increasing taxes on around vent a massive tax increase on the there is one message that should be 940,000 small business owners who are American people. taken from my remarks today, it is one already in the top two tax brackets. A Senate Democrats—who have only that I and others have been making a lot of people who would not pay the recently acknowledged the looming fis- long time. That message is that the Obama tax increase work for someone cal cliff—are now threatening to go United States doesn’t have a tax prob- who would be hit by it. What we have over the cliff unless Republicans agree lem; it has a spending problem. seen is that President Obama and his to increasing taxes on America’s small We keep hearing that Republicans allies want to increase the size of gov- businesses during this difficult eco- are too beholden to an antitax ide- ernment and, in part, they want to nomic period.

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.000 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11419 Think about that. Senate Democrats The Congressional Budget Office difference between positive growth on are willing to put our economy at seri- projects the combination of the mas- the one hand—which will mean more ous risk and our national security in sive tax increases and the sequester jobs and higher incomes—and a poten- jeopardy unless Republicans agree to a will result in real GDP growth in cal- tial recession on the other hand. We massive tax increase on America’s endar year 2013 of only one-half of 1 can, and must, provide Americans some small businesses. percent. Think about that, one-half of 1 certainty as to what their taxes are The headline from a news story in percent. We are right now growing going to be next year. the Washington Post from over the somewhere—they think—in the range The House of Representatives has al- weekend says, ‘‘Democrats Threaten of 1.9 percent or 2 percent this year. ready agreed to hold a vote to extend To Go Over Fiscal Cliff If GOP Fails To But next year, the real GDP growth all of the existing tax rates before the Raise Taxes.’’ They quote, ‘‘Senior would amount to only 1⁄2 percent. And August recess in order to avert the fis- Democrats say they are prepared to the picture is even bleaker if you con- cal cliff. They are going to act on this weather a fiscal event that could sider that CBO projects that the econ- sometime before we go out in August plunge the nation back into recession,’’ omy will actually have a decrease in to extend all of the rates before the end if the New Year arrives without an ac- GDP of 1.3 percent in the first half of of the year so there is certainty for ceptable compromise—which they have 2013. those who are making economic deci- defined to be a major tax increase on So you have the Congressional Budg- sions. small businesses in this country. et Office saying that over the entire Unfortunately, thus far the Senate Think about the impact of that and year of 2013, the likelihood is we will and the Senate Democratic leadership what that means to people across this grow at one-half a percentage point if has only agreed to hold a vote on a country. We have had now, for the last we don’t address the fiscal cliff. But in plan to raise taxes on nearly 1 million 3 years, a complete failure in the Sen- the first half of next year, we actually small businesses. This tax increase on ate to produce a budget. We are now see a decrease of 1.3 percent of eco- individuals earning more than $200,000 faced with this fiscal cliff which con- nomic growth. According to CBO, a re- a year and families making more than sists of the sequestration, the across- duction of 1.3 percent of economic $250,000 a year will raise taxes on more the-board cuts that would occur early growth in the first half of next year than half of all income in America next year if nothing is done to prevent would ‘‘probably be judged to be a re- earned by S corporations, sole propri- them, the tax hikes, and we are going cession.’’ That is according to the Con- etorships, LLCs, partnerships, and to reach the debt limit, all threatening gressional Budget Office, which is the other passthrough businesses that pay our economy in an already anemic re- nonpartisan authoritative referee we their taxes at the individual rates. covery. use to evaluate the impact of the A point of clarification: That applies It is hard to overstate the magnitude spending and debt tax issues. to a lot of mom-and-pop businesses in of the tax increases that are going to This morning, the Chairman of the this country. We are talking about hit our economy starting next year if Federal Reserve Board of Governors, that restaurant owner, that elec- we don’t act. Over the next 10 years, Ben Bernanke, testified before the Sen- trician, many of whom are organized in this tax increase would result in nearly ate Banking Committee, and he said: the fashion in which their income flows $4.5 trillion in new taxes on American Fiscal decisions should take into account through their individual tax return and families and entrepreneurs. What does the fragility of the recovery. That recovery they pay at the individual tax rate. that mean to the average family in this could be endangered by the confluence of tax The Joint Committee on Taxation has country? The Heritage Foundation re- increases and spending reductions that will estimated that the number of busi- cently published a study that esti- take effect early next year if no legislative nesses that would be impacted by that mated the tax increase per tax return action is taken. The Congressional Budget Office has estimated that if the full range of is 940,000. So almost 1 million small in every State. For example, for my tax increases and spending cuts were allowed businesses would see their taxes go up State of South Dakota the Heritage to take effect—a scenario widely referred to as a result of the fiscal cliff and tax Foundation estimates that the average as the fiscal cliff—a shallow recession would rates expiring at the end of the year for tax increase per tax return would be occur early next year. . . . those individuals who are making more $3,187 in the year 2013. That is according to the Chairman of than $200,000 and families making more I would say to my colleagues on the the Federal Reserve Board of Gov- than $250,000 a year. other side of the aisle, many of whom ernors Ben Bernanke in his testimony According to the National Federation I think generally believe in Keynesian as recently as this morning. He talked of Independent Business, the small economics, that the average family in about a shallow recession occurring businesses most likely to be hit by the South Dakota could do more to stimu- next year and the endangerment of the Democratic tax increase employ 25 per- late our economy and create new em- recovery that is under way if we have cent of the total workforce. So we are ployment by keeping their $3,187 and this confluence of events happen at the talking not just about the small busi- spending it as they see fit, not as end of the year. nesses that are going to be faced with Washington sees fit to spend it on their He went on to say: higher taxes, but we are also talking behalf. These estimates do not incorporate the ad- about a huge portion of the American Taxmageddon is a very apt descrip- ditional negative effects likely to result workforce in this country. Twenty-five tion that has been applied to this fiscal from public uncertainty about how these percent of the employees in this coun- cliff when you consider the impact of matters will be resolved. try work for those small businesses these tax increases not just on indi- In other words, the economic uncer- that, according to the Joint Committee vidual families but on our entire econ- tainty that is associated with all these on Taxation, will see their taxes go up omy. Until recently we could just spec- things happening at the end of the year as a result of the President’s proposal. ulate about the impact of these tax in- are impacting the economy today as We essentially have in front of us creases on our fragile economy, but the people are looking at how they are three choices: magnitude of the damage was in dis- going to make investment decisions, We can let all the tax rates expire, pute. Not anymore. Last month, the and that our economy is likely to expe- which we know is going to plunge our Congressional Budget Office gave us rience negative effects from that public economy back into a recession; we can the most definitive estimate yet of the uncertainty above and beyond the di- do what our Democratic colleagues impact of the nearly $1⁄2 trillion of tax rect impacts that CBO has incor- want to do, which is to raise taxes on increases that would hit in 2013 when porated into its analysis. successful small businesses and entre- combined with the more than $100 bil- So let’s be very clear about what the preneurs, slowing our economy even lion of spending cuts that would occur fiscal cliff means. We are not talking further and risking—according to the under the sequester I mentioned ear- about a slight slowdown of a few tenths Congressional Budget Office and the lier. of a percent. What we are facing is the Chairman of the Federal Reserve

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Here with or we are going to continue to see least a chance to gain some steam. we are with economic conditions that the country on a fiscal trajectory that That is what we ought to do. We are much worse, circumstances that is completely unsustainable over time, ought to do what the House of Rep- have deteriorated since then, and he is is going to lead to the situation we see resentatives is going to do, and that is proposing a tax increase on 1 million many European countries dealing with to extend the rates for a year so that small businesses that will have a ripple today—that is what we ought to be fo- people in this country have some cer- effect all across our economy and hurt cused on. tainty as to what their tax rate is job creation at a time we cannot afford We ought to be providing certainty going to be at the end of the year. that. to our businesses, extending rates at I hope my colleagues here in the Sen- There was another study, an analysis least for now until such time hopefully ate—and the Senate Democrats in par- that came out today done by Ernst & next year when we all agree we need to ticular—will realize the severity of the Young in which they analyzed the tax sit down and solve this tax mess we fiscal cliff, and come to the table to hikes that would occur on small busi- have in this country, this Tax Code prevent this massive tax increase and ness next year and came to the conclu- that has become way too complicated, the unbalanced and troubling cuts that sion that it would cost 700,000 jobs in and come up with something that is will occur to our national security if our economy, that it would cost us 1.3 more simple, more clear, more fair, and we don’t take steps to avert this fiscal percent of economic growth—which is something that makes us more com- cliff. again consistent with what the Con- petitive in the global marketplace. We have to prevent the dangerous gressional Budget Office has said—and Right now, we are losing to a lot of cuts to our national defense that are that it would reduce wages to people in countries around the world simply be- scheduled to go into effect under se- this country by 2 percent. cause we have a tax code that makes questration by finding savings else- So you now have the Ernst & Young American businesses noncompetitive in where in the budget. In order to do study out there which suggests that the international marketplace. that, we need a detailed plan from the not only does this impact the small Tax reform, entitlement reform, a administration as to how they plan to businesses out there that are going to comprehensive energy policy, regu- implement the sequester. see their taxes go up, but it puts at latory reform—it is not that hard to fix Members of Congress on both sides of risk and in jeopardy jobs for hard- this if we have the will, the political the aisle have called for more trans- working Americans and a wage base will to do it. But we cannot start by parency on the sequester from this ad- that would actually shrink if, in fact, saying to small businesses in this coun- ministration, but they have so far we drive the car over this fiscal cliff. try that we are going to raise your failed to produce a plan. That is simply We cannot afford to do that. It is ir- taxes next year, run the risk of plung- unacceptable. I will continue to work responsible to have people out there ing the country into a recession and in- to see that a requirement be enacted so saying that they are so anxious to creasing the number of people in this the administration will finally be prove some point or to win some argu- country who are unemployed. transparent with the American people ment on raising taxes that they are That is the exact wrong prescription. and give all Members of Congress a willing to see this country run the risk We ought to be providing certainty, ex- clear idea as to where the cuts are of plunging into a recession and raising tending the rates, and getting into a going to be applied. the number of people who are unem- discussion and hopefully action on leg- Our economy is weak. We know that ployed in this country. It really is. islation that would reform the Amer- growth in the first quarter was a mere I have to say that when I saw some of ican Tax Code to make us more com- 1.9 percent. Expectations for the second the remarks and some of these stories petitive in the world, do away with the quarter have been downgraded. We and some of the reporting about state- costly, overreaching, excessive, and have witnessed now for 41 straight ments that are being made by our col- burdensome regulations that are mak- months unemployment above 8 per- leagues on the other side and Members ing it more difficult and more expen- cent. We have 23 million Americans of their staff with regard to the fiscal sive to do business in this country; an who are either unemployed or under- cliff and the willingness on the part of energy plan that makes sense, that re- employed and 5.4 million Americans many of our colleagues to suggest that lies upon American sources of energy; who have been unemployed for a long this country could go through and en- and a spending plan, a budget—some- period of time. dure even more difficult economic thing the Senate has not done now for We have a weak economy. The amaz- times than what we are already experi- 3 years, an actual budget. Lo and being thing about this debate is that 2 encing, even higher unemployment hold, go figure that we could actually years ago the President of the United than what we are already seeing, it was do a budget in this country that puts States said that raising taxes would really pretty remarkable and truly un- us on a more sustainable fiscal path by strike a blow to the economy. That was fortunate. reforming entitlement programs, that at a time when we had 3.1 percent eco- I hope folks will walk back from that will actually save Social Security and nomic growth. We now have, as I said, position, walk back from those re- Medicare for future generations of according to the estimates, 1.9 percent marks, and enter into a discussion Americans. That is the long-term pre- economic growth for the first quarter about how we might be able to provide scription for what ails America. But of this year, and expectations for the the necessary economic certainty for certainly in the short term it makes second quarter have already been our job creators and our small busi- matters much, much worse when we downgraded. So with 41 straight nesses, how we can get people back to talk about piling a tax increase on the months of unemployment above 8 per- work, how we can grow and expand this very people we are looking to, to create cent, 23 million Americans under- economy. jobs and get this economy back on employed or unemployed, and the Frankly, extending the tax rate track. weakest recovery literally since the should only be the first part, the short- I hope this Congress will come to its end of World War II, now is not the term solution. The long-term solution senses about this and that we will vote time to raise taxes. is to get tax reform, comprehensive tax down any proposal that would raise Who in their right mind would think reform. People on both sides of the taxes on hard-working small businesses it would make any sense at all to raise aisle agree with that. If we could enter and entrepreneurs in this country and taxes when you have an economy that into a discussion about how we could instead give them the certainty they

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Discretion in the enforcement of immigration law embraces imme- clerk will call the roll. lican Senator RICHARD LUGAR of Indi- The assistant legislative clerk pro- diate human concerns. Unauthorized workers ana joined me in a letter to the Presi- trying to support their families, for example, ceeded to call the roll. dent asking me to do this. Last year, Mr. DURBIN. Mr. President, I ask likely pose less danger than alien smugglers Senator LUGAR joined me, along with or aliens who commit a serious crime. unanimous consent that the order for 22 other Senators, to sign a letter to The administration’s policy is not the quorum call be rescinded. the President asking the same thing, The PRESIDING OFFICER. Without just legal, it is realistic and smart. and what do the American people think objection, it is so ordered. Today there are millions of undocu- Mr. DURBIN. Mr. President, I ask about President Obama’s decision on mented immigrants in the United consent to speak as in morning busi- the DREAM Act students? It turns out States. It is physically and literally ness. that 64 percent of likely voters—in- impossible to deport them. So the De- The PRESIDING OFFICER. Without cluding 66 percent of Independents— partment of Homeland Security has to objection, it is so ordered. support the policy, compared to 30 per- decide priorities. Shouldn’t the highest THE DREAM ACT cent who oppose it. priority be to deport those who are Mr. DURBIN. Mr. President, 11 years Earlier, my colleague and friend from most dangerous to the United States? I ago I introduced the DREAM Act to Iowa Senator GRASSLEY gave a speech think even the Senator from Iowa allow a select group of immigrant stu- on the Senate floor about this decision would have to concede that point. The dents with great potential to con- by the President. At one point in time, Obama administration has made that tribute more fully to America. The Senator GRASSLEY was a cosponsor of its priority. DREAM Act said that in order to qual- the DREAM Act. We wouldn’t know it Senator GRASSLEY calls the administration’s deportation policy an am- ify, they had to earn their way to a from his speech today. He has changed nesty. That is not right. The DREAM legal status and they had to have come his position on this bill just like so Act students will not receive perma- to the United States as children, be many other Republicans. Let me take a nent legal status or citizenship under long-term U.S. residents, have good few minutes to respond to his specific the President’s policy. They have tem- moral character, graduate from high points. porary renewable legal status. It is school, and agree to serve in our mili- He claimed the President’s policy to temporary renewable legal status. tary or at least complete 2 years of col- not deport the DREAM Act students is During his speech, Senator GRASSLEY lege. going to hurt the American economy. I read a quote from an interview the These young people literally came to couldn’t disagree more. Granting de- President gave last year to support his the United States as infants and chil- ferred action of DREAM Act students claim that the President had changed dren. They grew up in this country. will make us a stronger country giving his position on the DREAM Act, but he They went to school with our kids. these talented immigrants a chance to only read part of the quote. Here is They are the valedictorians, the ath- be part of America and its future. what Senator GRASSLEY read: letes, and even the ROTC leaders in Studies have found DREAM Act stu- schools across America. They did not dents can contribute literally trillions This notion that somehow I can just change the law unilaterally is just not true make the decision to come here; they of dollars to the U.S. economy given a chance to be a part of it. We are not . . . the fact of the matter is there are laws were just kids. Their parents made the on the books that I have to enforce. And I decision. As Homeland Security Sec- talking about importing new foreign think there’s been a great disservice done to retary Janet Napolitano said, immi- workers into the United States to com- the cause of getting the DREAM Act passed grants who were brought here illegally pete with Americans, we are talking and getting comprehensive immigration as children ‘‘lacked the intent to vio- about taking young people who are passed by perpetuating the notion that late the law.’’ It is not the American educated in our schools at our expense, somehow, by myself, I can go and do these way anyway to punish children for the trained and ready to give something to things. It’s just not true. wrongdoing of their parents. America and giving them a chance. That is what Senator GRASSLEY read. I am going to continue to work on They are going to be tomorrow’s doc- Here is the rest of the quote. this DREAM Act. It has been 11 years. tors, engineers, teachers, and nurses. What we can do is prioritize enforcement— I will work on it as long as I have to to We shouldn’t squander their talents since there are limited enforcement re- get it done; it is that important. But and all the years we invested in edu- sources—and say, we’re not going to go chas- ing after this young man or anybody else the young people who are eligible, who cating them by deporting them at this who has been acting responsibly, and would would be eligible for it, cannot wait important point in their lives. otherwise qualify for legal status if the any longer. Many have already been de- Senator GRASSLEY said President DREAM Act passed. ported to countries they never remem- Obama ‘‘circumvented Congress to sig- That is what the President said. I bered and with languages they do not nificantly change the law all by him- wish Senator GRASSLEY had read that speak. There are still some at the risk self.’’ With all due respect, I don’t in the RECORD. The President has done of deportation. think that is how it happened. The what he has the authority to do as our That is why the Obama administra- Obama administration’s new deporta- Chief Executive Officer to exercise tion decision a few weeks ago to stop tion policy is lawful and appropriate. prosecutorial discretion. the deportation of young people who Throughout history, all governments— I personally discussed this with Sec- would be eligible for the DREAM Act and our Federal Government—have had retary Napolitano. She has assured me was the right thing to do. The adminis- to decide whom to prosecute and not to that the Department of Homeland Se- tration says we will allow these immi- prosecute. It is called prosecutorial curity is going to follow the Presi- grant students to apply for a form of discretion. It is based on law enforce- dent’s lead but is going to have strict relief known as deferred action that ment priorities and resources. Every enforcement of fraud. If any young per- puts their deportations on hold and al- administration, Democratic and Re- son commits fraud in this process, lows them, on a temporary renewable publican, has stopped deportations of there will be a price to be paid. Senator basis to live and work legally in Amer- low-priority cases, as they should. GRASSLEY should know that, and he ica. I strongly, strongly support this Just last month, the Supreme Court shouldn’t question it absent evidence decision. I think it was a humane deci- reaffirmed that the Federal Govern- to the contrary. sion by the President of the United ment has broad authority to decide I might say it is sad we have reached States on behalf of these young people. whom to deport. Justice Anthony Ken- this point that so few Republicans

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.001 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11422 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 would stand for these young people. nancially. At the time, she had to eat staffers, including many from my of- There was a time when Senator HATCH at the UCLA food bank. Because she fice throughout the years, have found a was the lead sponsor in this bill, and I couldn’t afford housing near the cam- safe place to live and meet friends as was begging him to cosponsor it. Then pus, she spent many nights in a sleep- they establish their professional ca- it reached a point where he only voted ing bag on the floor of the school’s reers. The Thompson-Markward Hall, for it, and then it reached a point printing room. located across from the Hart Senate where he voted against it. Last year, Maria received her mas- Office Building on Capitol Hill, pro- Senator GRASSLEY has voted for this ter’s degree in architecture and urban vides a valuable service to young bill in the past too. In 2006, when the design. She said: women working in Washington and our Republicans lost control of Congress, I grew up believing in the American dream Congressional community. Its remark- the DREAM Act passed the Senate out and I worked hard to earn my place in the able story is one very much worth of an amendment to the comprehensive country that nurtured and educated me. . . . sharing. immigration bill 62 to 36. There were 23 Like the thousands of other undocumented In 1833, Mrs. Mary G. Wilkinson rec- Republicans who voted for it. Unfortu- students and graduates across America, I am ognized the need in the District of Co- nately, the Republican leaders in the looking for one thing, and one thing only: lumbia for suitable lodging for young the opportunity to give back to my commu- House refused to take up that bill in nity, my state, and the country that is my ladies of good character and meager 2006. Republican support for the home, the United States. means. She vowed that there should DREAM Act has diminished over the someday be a home for young women I ask my colleagues who are critical years. I have to say I noted the lack of coming alone to Washington seeking of the DREAM Act and President volume and firepower in criticizing the employment, where they could be pro- Obama’s new policy: Would you prefer President on this DREAM Act decision. tected and cared for until they became that we deport Maria Gomez back to I think many of our Republican col- established in the community. She Mexico at this point in her life, a coun- leagues realized the American people began what developed into the Young try that she has not lived in since she do support this two to one, and it is the Woman’s Christian Home by housing was a small child? She grew up here. right thing to do. two such young women in her home. She has overcome amazing odds to be- I am going to do what I have done on In 1887, the Young Woman’s Christian come successful. This determined 48 other occasions and try to make this Home was chartered by Congress and young woman can make America a bet- DREAM Act discussion more than an incorporated ‘‘to provide a temporary ter nation. abstract conversation. I wish to make home for young women coming to and Thanks to President Obama’s new sure people understand who is involved being in the District of Columbia, who policy, Maria is going to be able to in these decision processes. shall, from any cause, be in want of work. I hope she will be able to get a li- This is a photograph of Maria Gomez. and willing to accept temporary home, cense as an architect in her State. A Her parents brought her from Mexico care and assistance . . .’’ By 1890, the future President could change this pol- to Los Angeles when she was 8 years Home was receiving an annual appro- icy so Maria’s future is still in doubt old. She started school in the third priation of $1,000 from Congress. because we haven’t enacted the grade with English as a second lan- Over the years, the Young Woman’s DREAM Act. Maria is not the only one. guage. By the time she was in sixth Christian Home underwent renovations There are tens of thousands similar to grade, 3 years later, she was an honor and changed locations. In 1931, Mrs. her. student. Flora Markward Thompson, a devoted The DREAM Act would give Maria, In middle school, Maria discovered Life Member of the Board of Trustees, and others similar to her, the oppor- art and architecture. She began her passed away, leaving instructions for tunity to be our future architects, en- dream of becoming an architect. In the executors of her estate to establish gineers, teachers, doctors, and soldiers. high school, Maria was active in com- a suitable memorial to her mother and Today, I again ask my colleagues to munity service and extracurricular ac- her husband. The executors decided support the DREAM Act. The Presi- tivities, captain of the school spirit that the most suitable memorial could dent’s new deportation policy is a step squad, president of the garden club, be entrusted to the Young Woman’s in the right direction, but ultimately it and a member of the California Schol- Christian Home. The Home then be- is our responsibility. He has done his arship Federation. She graduated 10th came known as Thompson-Markward part. We need to pass this humane and in her class with a 3.9-grade point aver- Hall now most commonly known as thoughtful bill and give people such as age. TMH—to perpetually remember Mrs. Maria Gomez a chance to make Amer- Maria was accepted by every college Thompson’s generous gift. she applied to. Her dream was to at- ica a better place to live. Despite the many changes through- tend UC Berkeley, the only State col- f out the years, the original spirit and lege in California that offers architec- MORNING BUSINESS mission of the founders and early bene- ture to undergraduate students, but factors remain. Today, TMH continues she couldn’t afford it. Maria, and the Mr. DURBIN. Mr. President, I ask to be a ‘‘home away from home’’ for 120 other DREAM Act students, are not el- unanimous consent that the Senate young women in Washington for work igible for any Federal assistance to go proceed to a period of morning busi- or school. to school. Instead, she decided to live ness, with Senators permitted to speak As TMH celebrates the 125th anniver- at home and to attend UCLA. She was therein up to 10 minutes each. sary of its Congressional charter, its a commuter student. She rode the bus The PRESIDING OFFICER. Without roots are strong and the devotion to its to and from UCLA, 21⁄2 hours each way objection, it is so ordered. founder’s mission remains firm and each day. f constant. I ask the United States Sen- While she was a full-time student, ate to join me in congratulating she worked to clean houses and did ADDITIONAL STATEMENTS Thompson-Markward Hall on this im- babysitting to help pay for tuition. She portant milestone.∑ graduated from UCLA with a major in f sociology and a minor in public policy. RECOGNIZING THOMPSON- She was the first member of her family MARKWARD HALL CONGRATULATING MASSACHU- to graduate from college. She was de- ∑ Mr. CONRAD. Mr. President, I am SETTS GENERAL HOSPITAL termined to achieve her dream of be- pleased to honor the 125th Anniversary ∑ Mr. KERRY. Mr. President, today I coming an architect. She enrolled in of Thompson-Markward Hall, which can finally congratulate everyone at the Master of Architecture Program at was formerly known as the Young Massachusetts General Hospital, MGH, UCLA. She was the only Latino stu- Women’s Christian Home. Many young on a special and well-deserved distinc- dent in the program. She struggled fi- women working as interns or beginning tion long in the making: MGH has been

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Our State may be small in Now he has confirmation that in a insurance, including 99.8 percent of all population, but it is large in commu- Washington, DC, full of leaks, there is children. nity spirit. I think I can safely say the at least one U.S. Senator who still We must continue to raise the bar as entire State of Alaska is touched by knows how to keep a secret. we implement the Affordable Care Act this tragedy. Today’s public announcement con- and provide this guarantee of coverage I would like to say a few words about firms what all of us in Massachusetts nationwide. MGH should serve as a Isaac Juneby, whose loss will have a have always known—that if you need model to all hospitals across the coun- lasting impact not only to the village to find first-rate care for a loved one try that you can provide universal cov- of Eagle, but across the entire Native with a serious and complicated condi- erage while still providing the highest community. Isaac was one of the few tion, then you go to the Massachusetts quality care to your patients. I know remaining speakers of Han, an endan- General Hospital. It comes as no sur- MGH will remain at the top of this list gered northern Athabascan language prise to us that this revered Massachu- for years to come because they have with only about a handful of remaining setts institution would hold the honor proven that covering more patients and speakers left in Alaska and the Yukon, of best hospital in the Nation. providing quality outcomes are not a territory of Canada. He was a man Today’s announcement is one two mutually exclusive goals. that everyone seemed to know and centuries in the making. It started There is much celebrating to be done love. Isaac had an almost tangible joy with the dream of Rev. John Bartlett, in Boston, but there is still much more about him that drew people in and en- who in 1810 wanted to establish a state- work to be done to improve the health deared him to many. His nickname of-the-art medical facility for the phys- of all Americans. I am convinced that ‘‘the Senator’’ was well earned. Isaac ically and mentally ill which would MGH and our other great institutions was always quick with a joke and had train the Nation’s finest doctors. That in Massachusetts will continue to meet an infectious smile that made everyone dream was carried by Drs. James Jack- the challenge by setting the standard around him happy. But most of all he son and John Collins Warren, who ad- for delivering the highest quality loved life and his people. vocated in the Massachusetts Legisla- health care. I congratulate Dr. Peter Isaac was incredibly proud of his ture for a charter and collected dona- Slavin, Dr. David Torchiana, and ev- family and his heritage. He exemplified tions as small as 25 cents and as large eryone who works at MGH for their ef- a man who could easily navigate both as $20,000 to make the dream a reality. worlds: the traditional and the modern. Finally, in 1821, the institution cur- forts in making this hospital the best He had an easygoing and friendly man- rently known as Mass General opened in the Nation and, I believe, the best in ∑ ner that won him many lifelong its doors to patients and became the the world. friends, but he also had a disciplined first teaching hospital of Harvard Med- f and serious side. Isaac was an accom- ical School. REMEMBERING THE LIVES OF HAN plished man who earned a bachelor’s Since then, MGH has been providing BROTHER AND SISTER cutting-edge care to patients from all degree in rural development from the ∑ Ms. MURKOWSKI. Mr. President, it over the world. It was the home to University of Alaska in 1987. He wrote is with a heavy heart that I come be- many firsts: the first public demonstra- poetry, published books and recorded tion of surgical anesthesia, the identi- fore you today to share the news of a language lessons in Han Gwich’in fication of appendicitis, the establish- profound tragedy and loss of two Alas- Athabascan to preserve the dialect for ment of the first medical social serv- ka Native siblings. Isaac Juneby, a future generations. Isaac and Sandi, ice, and the first replantation of a sev- military veteran and former Chief of his best friend and wife of 35 years, ered arm by a surgical team. Eagle, a Han Gwich’in Village in Alas- were planning to move to Fairbanks so But more than firsts, Mass General ka close to the Canadian border, and Isaac could complete a master’s degree has provided a place of hope for all his sister Ellen Juneby Rada, who died in ethnology. He wanted to learn more those who needed help. It is the em- as a result of domestic violence, were about the Han. ployees of MGH who have made this both laid to rest and their lives hon- Over the years Isaac held a number of possible from generation to generation. ored and celebrated with a potlatch in important positions for Native organi- I have seen on my visits to the hospital Eagle Village, July 11, 2012. zations, the State, and the Federal that it is the people—the nurses, doc- Ellen Florence Juneby Rada, 58 years Government and remained a resident of tors, orderlies, administrators, secu- old, was the mother of two grown sons. Eagle Village even through the very rity guards, and medical students—who She was found beaten, seriously injured challenging times, like during the dis- make MGH the Nation’s best. and unconscious in a homeless camp in aster of 2008, when a major flood dev- I know firsthand of MGH’s excep- Fairbanks and was transported to the astated the community. Isaac was also tional work particularly well from two Alaska Native Medical Center for instrumental in completing the essen- people whose insights mean the world treatment. Ellen was taken off life sup- tial paperwork that helped Eagle Vil- to me: my wife Teresa, who has been a port on July 2 and passed away on Sun- lage become the first IRA village in patient at MGH as she was treated for day, July 8. Alaska, one with a federally recognized breast cancer, and through my daugh- Isaac Juneby was born on July 9, tribal government. ter Vanessa, who has made MGH her 1941, in Eagle Village. He had traveled People will remember Isaac not only home as a doctor. Both have shared to Anchorage from Eagle to hold vigil for his good humor but for his great story after story not just about first- at the bedside of his comatose sister strength and determination. Isaac was rate care but about deeply caring doc- and died in an automobile accident on proud to celebrate over 25 years of so- tors and nurses and skilled profes- July 1, 2012. Following Isaac’s sudden briety and was known to say that it sionals who always put patients first. accidental death another Juneby sib- was God who freed him from alcohol. That is the heart of MGH, and it is no ling, Adeline Juneby Potts, flew to An- The Rev. Scott Fisher, pastor at St. secret that without team members who chorage from Minnesota to join her Matthew’s Episcopal Church got it are constantly looking for the next family and due to emotional stress suf- right when he said ‘‘Isaac was the last breakthrough in medicine and a better fered a heart attack and was hospital- of the good guys. There was a strength way to care for patients, tomorrow’s ized. Fortunately, Adeline is recov- and a gentleness running through him. innovations would not be possible. ering rapidly. He knew what was right and what was

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With the passing of who wrote this hymn: the enclosed notice to the Federal Reg- Isaac Juneby, Alaska has lost a beloved Eternal Father, strong to save, ister for publication stating that the Native elder and chief, a father, a cul- Whose arm hath bound the restless wave, national emergency and related meas- ture bearer, a brother, an honored Who bidd’st the mighty ocean deep ures dealing with the former Liberian Army veteran, a husband, an inspira- Its own appointed limits keep; regime of Charles Taylor are to con- tional man, an uncle, and a good Oh, hear us when we cry to Thee, tinue in effect beyond July 22, 2012. friend. On this day I ask that we honor For those in peril on the sea Although Liberia has made advances Most Holy Spirit! Who didst brood the lives of an extraordinary family Upon the chaos dark and rude, to promote democracy, and the Special and remember them during this time of And bid its angry tumult cease, Court for Sierra Leone recently con- such profound loss.∑ And give, for wild confusion, peace; victed Charles Taylor for war crimes f Oh, hear us when we cry to Thee, and crimes against humanity, the ac- For those in peril on the sea! tions and policies of former Liberian COMMISSIONING OF THE USS President Charles Taylor and other ‘‘MISSISSIPPI’’ With apologies to the author and perhaps to those who know this hymn persons, in particular their unlawful ∑ Mr. WICKER. Mr. President, on Sat- well, I have attempted to pen an extra depletion of Liberian resources and urday, June 2, 2012, I was present at the verse: their removal from Liberia and secret- commissioning of the USS Mississippi From Pascagoula’s shores we send ing of Liberian funds and property, in Pascagoula, MS. The USS Mississippi The finest sailors known to men, could still challenge Liberia’s efforts is a Virginia class submarine, part of Proud Mississippi’s name they bear; to strengthen its democracy and the the ‘‘next generation’’ of attack subs. Lord, bless and keep them free from care, orderly development of its political, The submarine was constructed by Protect them when they call to Thee, administrative, and economic institu- General Dynamics Electric Boat in Our sons and daughters now at sea. tions and resources. These actions and Groton, CT, as well as Newport News Congratulations to Captain McGrath policies continue to pose an unusual Shipbuilding, a division of Huntington and his Commissioning Crew, God bless and extraordinary threat to the foreign Ingalls in Newport News, VA. the United States, and God bless those policy of the United States. For this This is a mighty submarine that who will serve on the USS Mississippi.∑ reason, I have determined that it is bears a mighty proud name. The citi- f necessary to continue the national zens of the state of Mississippi enthu- emergency with respect to the former siastically embrace the fifth Navy ves- MESSAGES FROM THE PRESIDENT Liberian regime of Charles Taylor. sel in our Republic’s history that bears Messages from the President of the BARACK OBAMA. the name USS Mississippi. The naming United States were communicated to THE WHITE HOUSE, July 17, 2012. of the submarine as USS Mississippi the Senate by Mr. Pate, one of his sec- f recognizes our State’s long-standing retaries. tradition of shipbuilding in support of MEASURES READ THE FIRST TIME f our Nation’s defense. It also honors the The following bill was read the first spirit of the people of Mississippi who EXECUTIVE MESSAGES REFERRED time: have made great strides in recovering As in executive session the Presiding S. 3393. A bill to amend the Internal Rev- from the devastation of Hurricane Officer laid before the Senate messages enue Code of 1986 to provide tax relief to Katrina. from the President of the United middle-class families. It is appropriate that this ship was States submitting sundry nominations f completed a full year ahead of sched- which were referred to the appropriate ule. Mississippians have always been committees. REPORTS OF COMMITTEES early to step forward in the service of (The messages received today are The following reports of committees their country. It is a fact that volun- printed at the end of the Senate pro- were submitted: teers from our State have always been ceedings.) By Mrs. BOXER, from the Committee on known to step forward quickly and ea- f Environment and Public Works, without gerly to serve their country. So for amendment: many the words USS Mississippi will REPORT RELATIVE TO THE CON- S. 1201. A bill to conserve fish and aquatic stand for patriotism and readiness. TINUATION OF THE NATIONAL communities in the United States through For those who remember Katrina and EMERGENCY WITH RESPECT TO partnerships that foster fish habitat con- Deep Water Horizon, the words USS THE FORMER LIBERIAN REGIME servation, to improve the quality of life for the people of the United States, and for Mississippi may mean ‘‘resilience’’ or OF CHARLES TAYLOR THAT WAS ‘‘quiet resolve.’’ Within the ranks of other purposes (Rept. No. 112–187). ESTABLISHED IN EXECUTIVE S. 1324. A bill to amend the Lacey Act the U.S. Navy, USS Mississippi will be ORDER 13348 ON JULY 22, 2004—PM Amendments of 1981 to prohibit the importa- associated with the words ‘‘state-of- 56 tion, exportation, transportation, and sale, the-art,’’ the best in the world. For The PRESIDING OFFICER laid be- receipt, acquisition, or purchase in inter- them, that is what USS Mississippi will state or foreign commerce, of any live ani- fore the Senate the following message mean. And for the Ship’s Sponsor Alli- mal of any prohibited wildlife species, and from the President of the United son Stiller, she will think of the word for other purposes (Rept. No. 112–188). States, together with an accompanying ‘‘tenacity.’’ And no doubt our adver- report; which was referred to the Com- f saries, wherever they may be, will hear mittee on Banking, Housing, and the words USS Mississippi and think INTRODUCTION OF BILLS AND Urban Affairs: ‘‘strength’’ and perhaps they will think JOINT RESOLUTIONS the word ‘‘freedom.’’ To the Congress of the United States: The following bills and joint resolu- Within the borders of this traditional Section 202(d) of the National Emer- tions were introduced, read the first ‘‘Bible Belt’’ state, we will think about gencies Act (50 U.S.C. 1622(d)) provides and second times by unanimous con- our Founding Father’s reliance on Al- for the automatic termination of a na- sent, and referred as indicated: mighty God. I can assure CPT John tional emergency unless, within 90 By Mr. KOHL (for himself, Mr. COONS, McGrath, his Commissioning Crew, and days prior to the anniversary date of and Mr. WHITEHOUSE):

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S. 3389. A bill to modify chapter 90 of title (Mr. WEBB) was added as a cosponsor of Amendment rights of United States 18, United States Code, to provide Federal ju- S. 362, a bill to amend the Public citizens. risdiction for theft of trade secrets; to the Health Service Act to provide for a S. 2234 Committee on the Judiciary. Pancreatic Cancer Initiative, and for By Mr. RUBIO (for himself and Mr. At the request of Mr. BLUMENTHAL, NELSON of Florida): other purposes. the name of the Senator from Mary- S. 3390. A bill to direct the Secretary of S. 1372 land (Ms. MIKULSKI) was added as a co- Agriculture to convey to Miami-Dade Coun- At the request of Mr. REED, the name sponsor of S. 2234, a bill to prevent ty certain Federal land in the State of Flor- of the Senator from Maine (Ms. COL- human trafficking in government con- ida for the purpose of building a fire station; LINS) was added as a cosponsor of S. tracting. to the Committee on Agriculture, Nutrition, 1372, a bill to amend the Elementary S. 2283 and Forestry. At the request of Mr. TESTER, the By Ms. KLOBUCHAR (for herself, Mrs. and Secondary Education Act of 1965 SHAHEEN, and Mr. BOOZMAN): regarding environmental education, name of the Senator from New Mexico S. 3391. A bill to amend section 353 of the and for other purposes. (Mr. UDALL) was added as a cosponsor Public Health Service Act with respect to S. 1863 of S. 2283, a bill to amend the Robert T. suspension, revocation, and limitation of At the request of Mr. MENENDEZ, the Stafford Disaster Relief and Emer- laboratory certification; to the Committee name of the Senator from Connecticut gency Assistance Act to include proce- on Health, Education, Labor, and Pensions. (Mr. BLUMENTHAL) was added as a co- dures for requests from Indian tribes By Mr. BROWN of Ohio (for himself, for a major disaster or emergency dec- Mr. SANDERS, Mr. HARKIN, Mr. WHITE- sponsor of S. 1863, a bill to amend the laration, and for other purposes. HOUSE, Mr. BLUMENTHAL, Mr. ROCKE- Internal Revenue Code of 1986 to en- FELLER, and Mrs. MCCASKILL): courage alternative energy invest- S. 2347 S. 3392. A bill to amend the Securities Ex- ments and job creation. At the request of Mr. CARDIN, the change Act of 1934, to require the disclosure S. 1872 names of the Senator from North Caro- of the total number of the domestic and for- lina (Mr. BURR) and the Senator from eign employers of issuers; to the Committee At the request of Mr. CASEY, the name of the Senator from North Caro- Alaska (Mr. BEGICH) were added as co- on Banking, Housing, and Urban Affairs. sponsors of S. 2347, a bill to amend title By Mr. REID: lina (Mrs. HAGAN) was added as a co- S. 3393. A bill to amend the Internal Rev- sponsor of S. 1872, a bill to amend the XVIII of the Social Security Act to en- enue Code of 1986 to provide tax relief to Internal Revenue Code of 1986 to pro- sure the continued access of Medicare middle-class families; read the first time. vide for the tax treatment of ABLE ac- beneficiaries to diagnostic imaging By Mr. JOHNSON of South Dakota (for counts established under State pro- services. himself, Mr. SHELBY, Mr. BROWN of grams for the care of family members S. 3085 Ohio, Mr. JOHANNS, Mrs. MCCASKILL, with disabilities, and for other pur- At the request of Mr. MENENDEZ, the Mr. CRAPO, Mr. TESTER, and Mrs. name of the Senator from New York HAGAN): poses. (Mrs. GILLIBRAND) was added as a co- S. 3394. A bill to address fee disclosure re- S. 1880 sponsor of S. 3085, a bill to provide for quirements under the Electronic Fund At the request of Mr. BARRASSO, the the expansion of affordable refinancing Transfer Act, to amend the Federal Deposit name of the Senator from North Caro- Insurance Act with respect to information of mortgages held by the Federal Na- lina (Mr. BURR) was added as a cospon- provided to the Bureau of Consumer Finan- tional Mortgage Association and the sor of S. 1880, a bill to repeal the health cial Protection, and for other purposes; to Federal Home Loan Mortgage Corpora- care law’s job-killing health insurance the Committee on Banking, Housing, and tion. Urban Affairs. tax. S. 3203 By Mr. MERKLEY: S. 1935 S. 3395. A bill to amend the Federal Crop At the request of Mr. LAUTENBERG, At the request of Mrs. HAGAN, the the name of the Senator from Mary- Insurance Act to extend certain supple- name of the Senator from New Mexico mental agricultural disaster assistance pro- land (Ms. MIKULSKI) was added as a co- grams; to the Committee on Agriculture, Nu- (Mr. UDALL) was added as a cosponsor sponsor of S. 3203, a bill to amend title trition, and Forestry. of S. 1935, a bill to require the Sec- 10, United States Code, to limit in- retary of the Treasury to mint coins in f creases in the certain costs of health recognition and celebration of the 75th ADDITIONAL COSPONSORS care services under the health care pro- anniversary of the establishment of the grams of the Department of Defense, S. 17 March of Dimes Foundation. and for other purposes. S. 2078 At the request of Mr. HATCH, the S. 3204 names of the Senator from Arizona At the request of Mr. NELSON of Flor- At the request of Mr. JOHANNS, the (Mr. KYL), the Senator from South Da- ida, his name was added as a cosponsor names of the Senator from North Caro- kota (Mr. THUNE) and the Senator from of S. 2078, a bill to enable Federal and lina (Mrs. HAGAN), the Senator from Arkansas (Mr. BOOZMAN) were added as State chartered banks and thrifts to Massachusetts (Mr. KERRY), the Sen- cosponsors of S. 17, a bill to repeal the meet the credit needs of the Nation’s ator from Delaware (Mr. COONS) and job-killing tax on medical devices to home builders, and to provide liquidity the Senator from North Dakota (Mr. ensure continued access to life-saving and ensure stable credit for meeting HOEVEN) were added as cosponsors of S. medical devices for patients and main- the Nation’s need for new homes. 3204, a bill to address fee disclosure retain the standing of United States as S. 2173 quirements under the Electronic Fund the world leader in medical device in- At the request of Mr. DEMINT, the Transfer Act, and for other purposes. novation. name of the Senator from Arkansas S. 3318 S. 202 (Mr. BOOZMAN) was added as a cospon- At the request of Mrs. BOXER, the At the request of Mr. PAUL, the name sor of S. 2173, a bill to preserve and pro- name of the Senator from West Vir- of the Senator from South Carolina tect the free choice of individual em- ginia (Mr. ROCKEFELLER) was added as (Mr. GRAHAM) was added as a cosponsor ployees to form, join, or assist labor or- a cosponsor of S. 3318, a bill to amend of S. 202, a bill to require a full audit of ganizations, or to refrain from such ac- title 38, United States Code, to prohibit the Board of Governors of the Federal tivities. the use of the phrases GI Bill and Post- Reserve System and the Federal re- S. 2205 9/11 GI Bill to give a false impression of serve banks by the Comptroller Gen- At the request of Mr. MORAN, the approval or endorsement by the De- eral of the United States before the end name of the Senator from Oklahoma partment of Veterans Affairs, and for of 2012, and for other purposes. (Mr. INHOFE) was added as a cosponsor other purposes. S. 362 of S. 2205, a bill to prohibit funding to S. 3319 At the request of Mr. WHITEHOUSE, negotiate a United Nations Arms Trade At the request of Ms. KLOBUCHAR, the the name of the Senator from Virginia Treaty that restricts the Second name of the Senator from Michigan

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(Ms. STABENOW) was added as a cospon- LEE), the Senator from Kansas (Mr. nomic espionage and trade secret theft sor of S. 3319, a bill to amend the Na- MORAN) and the Senator from Georgia a Federal crime. Nearly 15 years later, tional Trails System Act to revise the (Mr. CHAMBLISS) were added as cospon- trade secret theft and economic espio- route of the North Country National sors of amendment No. 2509 intended to nage continue to pose a threat to U.S. Scenic Trail in northeastern Minnesota be proposed to S. 2237, a bill to provide companies, yet there is no Federal civil to include existing hiking trails along a temporary income tax credit for in- remedy for victims. To complement the north shore of Lake Superior, in creased payroll and extend bonus de- the criminal enforcement of economic the Superior National Forest, and in preciation for an additional year, and espionage and State trade secret laws, the Chippewa National Forest, and for for other purposes. the Protecting American Trade Secrets other purposes. AMENDMENT NO. 2510 and Innovation Act would provide an- S. 3365 At the request of Mr. HATCH, the other avenue for companies to protect At the request of Mr. KOHL, the name name of the Senator from Georgia (Mr. their trade secrets. The bill enables of the Senator from Hawaii (Mr. CHAMBLISS) was added as a cosponsor of victims of trade secret theft to seek in- AKAKA) was added as a cosponsor of S. amendment No. 2510 intended to be pro- junctive relief, putting an immediate 3365, a bill to authorize the Attorney posed to S. 2237, a bill to provide a tem- halt to trade secret misappropriation, General to award grants to State porary income tax credit for increased and compensation for their losses in courts to develop and implement State payroll and extend bonus depreciation Federal court. It will help fill a gap in court interpreter programs. for an additional year, and for other Federal intellectual property law by S. 3369 purposes. providing legal protections for non-pat- At the request of Mr. WHITEHOUSE, f entable, non-copyrightable innova- the name of the Senator from Cali- tions, on the condition that the owner fornia (Mrs. BOXER) was added as a co- STATEMENTS ON INTRODUCED of the innovation has taken reasonable sponsor of S. 3369, a bill to amend the BILLS AND JOINT RESOLUTIONS measures to keep the innovation a se- Federal Election Campaign Act of 1971 By Mr. KOHL (for himself, Mr. cret. to provide for additional disclosure re- COONS, and Mr. WHITEHOUSE): Today, companies that fall victim to quirements for corporations, labor or- S. 3389. A bill to modify chapter 90 of economic espionage and trade secret ganizations, Super PACs and other en- title 18, United States Code, to provide theft often can only bring civil actions tities, and for other purposes. Federal jurisdiction for theft of trade in State court, under a patchwork of S. 3372 secrets; to the Committee on the Judi- State laws, to stop the harm or seek At the request of Mr. WEBB, the name ciary. compensation for losses. While State of the Senator from Montana (Mr. Mr. KOHL. Mr. President, I rise courts may be a suitable venue in some TESTER) was added as a cosponsor of S. today to introduce the Protecting cases, major trade secret cases will 3372, a bill to amend section 704 of title American Trade Secrets and Innova- often require tools available more 18, United States Code. tion Act of 2012. This legislation will readily in Federal court, such as na- S.J. RES. 19 help American companies protect their tionwide service of process for sub- At the request of Mr. HATCH, the valuable trade secrets by giving them poenas, discovery and witness deposi- name of the Senator from Pennsyl- the additional option of seeking redress tions. In addition, for trade secret vania (Mr. TOOMEY) was added as a coin Federal courts when they are vic- holders operating nationwide, a single sponsor of S.J. Res. 19, a joint resolu- tims of economic espionage or trade se- Federal statute can be more efficient tion proposing an amendment to the cret theft. Stolen trade secrets cost than navigating 50 different State laws. Constitution of the United States au- American companies billions of dollars Finally, our bill permits judges to issue thorizing Congress to prohibit the each year and threaten their ability to seizure orders to prevent defendants physical desecration of the flag of the innovate and compete globally. Our from destroying evidence. In sum, our United States. bill ensures that companies have the bill demonstrates a Federal commit- S.J. RES. 43 most effective and efficient ways to ment to trade secret protection by ex- At the request of Mr. MCCONNELL, combat trade secret theft and recoup panding the legal options for victims of the name of the Senator from Arkansas their losses, helping them to maintain economic espionage and trade secret (Mr. BOOZMAN) was added as a cospon- their global competitive edge. theft. sor of S.J. Res. 43, a joint resolution Today, as much as 80 percent of com- This legislation will not inundate approving the renewal of import re- panies’ assets are intangible, the ma- Federal courts with minor trade secret strictions contained in the Burmese jority of them in the form of trade se- cases because it includes limits so that Freedom and Democracy Act of 2003, crets. This includes everything from fi- only the most serious cases requiring and for other purposes. nancial, business, scientific, technical, Federal courts will be permitted. These S.J. RES. 47 economic, or engineering information, limitations require the victim of trade At the request of Mr. WARNER, the to formulas, designs, prototypes, proc- secret theft to certify that the dispute names of the Senator from Hawaii (Mr. esses, procedures, and codes. Trade se- requires either a substantial need for AKAKA) and the Senator from Hawaii crets are often the lifeblood of a busi- nationwide service of process or the (Mr. INOUYE) were added as cosponsors ness. If they are stolen and wind up in misappropriation of trade secrets from of S.J. Res. 47, a joint resolution the hands of competitors, it can wipe the U.S. to another country. Finally, it amending title 36, United States Code, out years of research and development is important to emphasize that our leg- to designate July 26 as United States and cost millions of dollars in losses. islation is not intended to replace Intelligence Professionals Day. The chief executive of GM recently State trade secret laws, but to com- S. CON. RES. 48 said that he worries about trade secret plement them to ensure that victims of At the request of Mr. LEAHY, the theft ‘‘every day.’’ This comes as no economic espionage and trade secret name of the Senator from New Jersey surprise considering the loss to Ford misappropriation can get the most (Mr. LAUTENBERG) was added as a co- Motor Company in 2006 when an em- prompt, effective and efficient justice. sponsor of S. Con. Res. 48, a concurrent ployee stole 4,000 documents which he We cannot take lightly the threat of resolution recognizing 375 years of took to China and used for the benefit trade secrets theft to American busi- service of the National Guard and af- of his new employer Beijing Auto- nesses, American jobs, and American firming congressional support for a motive Company, a competitor to innovation. This legislation is another permanent Operational Reserve as a Ford. The damage to Ford was esti- simple and straightforward step we can component of the Armed Forces. mated to be between $50 million and take to help companies defend them- AMENDMENT NO. 2509 $100 million. selves against trade secret theft. It At the request of Mr. HATCH, the In 1996, Congress enacted the Eco- demonstrates our commitment at the names of the Senator from Utah (Mr. nomic Espionage Act, which made eco- Federal level to protect all forms of a

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SHORT TITLE. under this subsection, a court may— ‘‘(A) includes theft, bribery, misrepresen- This Act may be cited as the ‘‘Protecting ‘‘(A) issue— tation, breach or inducement of a breach of American Trade Secrets and Innovation Act ‘‘(i) an order for appropriate injunctive re- a duty to maintain secrecy, or espionage of 2012’’. lief against any violation described in para- through electronic or other means; and SEC. 2. FEDERAL JURISDICTION FOR THEFT OF graph (1), including the actual or threatened ‘‘(B) does not include reverse engineering TRADE SECRETS. misappropriation of trade secrets; or independent derivation.’’. (a) IN GENERAL.—Section 1836 of title 18, ‘‘(ii) if determined appropriate by the (c) TECHNICAL AND CONFORMING AMEND- United States Code, is amended to read as court, an order requiring affirmative actions MENT.—The table of sections for chapter 90 of follows: to be taken to protect a trade secret; and title 18, United States Code, is amended by ‘‘§ 1836. Civil proceedings ‘‘(iii) if the court determines that it would striking the item relating to section 1836 and ‘‘(a) PRIVATE CIVIL ACTIONS.— be unreasonable to prohibit use of a trade se- inserting the following: ‘‘(1) IN GENERAL.—A person may bring a cret, an order requiring payment of a reason- ‘‘1836. Civil proceedings.’’. civil action under this subsection if the per- able royalty for any use of the trade secret; (d) RULE OF CONSTRUCTION.—Nothing in the son is aggrieved by— ‘‘(B) award— amendments made by this section shall be ‘‘(A) a violation of section 1831(a) or ‘‘(i) damages for actual loss caused by the construed to modify the rule of construction 1832(a); or misappropriation of a trade secret; and under section 1838 of title 18, United States ‘‘(B) a misappropriation of a trade secret ‘‘(ii) damages for any unjust enrichment Code, or to preempt any other provision of that is related to or included in a product caused by the misappropriation of the trade law. that is produced for or placed in interstate secret that is not addressed in computing or foreign commerce. damages for actual loss; By Mr. REID: ‘‘(2) PLEADINGS.—A complaint filed in a ‘‘(C) if the trade secret described in para- S. 3393. A bill to amend the Internal civil action brought under this subsection graph (1)(B) is willfully or maliciously mis- Revenue Code of 1986 to provide tax re- shall— appropriated, award exemplary damages in lief to middle-class families; read the ‘‘(A) describe with specificity the reason- an amount not more than the amount of the able measures taken to protect the secrecy damages awarded under subparagraph (B); first time. of the alleged trade secrets in dispute; and and Mr. REID. Mr. President, I ask unan- ‘‘(B) include a sworn representation by the ‘‘(D) if a claim of misappropriation is made imous consent that the text of the bill party asserting the claim that the dispute in bad faith, a motion to terminate an in- be printed in the RECORD. involves either substantial need for nation- junction is made or opposed in bad faith, or There being no objection, the text of wide service of process or misappropriation a trade secret is willfully and maliciously the bill was ordered to be printed in of trade secrets from the United States to misappropriated, award reasonable attor- the RECORD as follows: another country. ney’s fees to the prevailing party. S. 3393 ‘‘(3) CIVIL EX PARTE SEIZURE ORDER.— ‘‘(b) JURISDICTION.—The district courts of Be it enacted by the Senate and House of Rep- ‘‘(A) IN GENERAL.—In a civil action brought the United States shall have original juris- resentatives of the United States of America in under this subsection, the court may, upon diction of civil actions brought under this Congress assembled, ex parte application and if the court finds by section. SECTION 1. SHORT TITLE; ETC. clear and convincing evidence that issuing ‘‘(c) PERIOD OF LIMITATIONS.—A civil action (a) SHORT TITLE.—This Act may be cited as the order is necessary to prevent irreparable under this section may not be commenced the ‘‘Middle Class Tax Cut Act’’. harm, issue an order providing for— later than 3 years after the date on which (b) AMENDMENT OF 1986 CODE.—Except as ‘‘(i) the seizure of any property (including the misappropriation is discovered or by the otherwise expressly provided, whenever in computers) used or intended to be used, in exercise of reasonable diligence should have this Act an amendment or repeal is ex- any manner or part, to commit or facilitate been discovered. For purposes of this sub- pressed in terms of an amendment to, or re- the commission of the violation alleged in section, a continuing misappropriation con- peal of, a section or other provision, the ref- the civil action; and stitutes a single claim of misappropria- erence shall be considered to be made to a ‘‘(ii) the preservation of evidence in the tion.’’. section or other provision of the Internal civil action. (b) DEFINITIONS.—Section 1839 of title 18, Revenue Code of 1986. ‘‘(B) SCOPE OF ORDERS.—An order issued United States Code, is amended— (c) TABLE OF CONTENTS.—The table of con- under subparagraph (A) shall— (1) in paragraph (3), by striking ‘‘and’’ at tents of this Act is as follows: ‘‘(i) authorize the retention of the seized the end; Sec. 1. Short title; etc. property for a reasonably limited period, not (2) in paragraph (4), by striking the period TITLE I—TEMPORARY EXTENSION OF to exceed 72 hours under the initial order, at the end and inserting a semicolon; and TAX RELIEF which may be extended by the court after (3) by adding at the end the following: notice to the affected party and an oppor- ‘‘(5) the term ‘misappropriation’ means— Sec. 101. Temporary extension of 2001 tax re- tunity to be heard; ‘‘(A) acquisition of a trade secret of an- lief. ‘‘(ii) require that any copies of seized prop- other by a person who knows or has reason Sec. 102. Temporary extension of 2003 tax re- erty made by the requesting party be made to know that the trade secret was acquired lief. Sec. 103. Temporary extension of 2010 tax re- at the expense of the requesting party; by improper means; or lief. ‘‘(iii) require the requesting party to re- ‘‘(B) disclosure or use of a trade secret of Sec. 104. Temporary extension of election to turn the seized property to the party from another without express or implied consent expense certain depreciable which the property were seized at the end of by a person who— business assets. the period authorized under clause (i), in- ‘‘(i) used improper means to acquire knowl- TITLE II—ESTATE TAX RELIEF cluding any extension; and edge of the trade secret; ‘‘(iv) include an appropriate protective ‘‘(ii) at the time of disclosure or use, knew Sec. 201. Modifications to estate, gift, and order with respect to discovery and use of or had reason to know that the knowledge of generation-skipping transfer any property that has been seized, which the trade secret was— taxes. shall provide for appropriate procedures to ‘‘(I) derived from or through a person who TITLE III—ALTERNATIVE MINIMUM TAX ensure that confidential, private, propri- had used improper means to acquire the RELIEF etary, or privileged information contained in trade secret; Sec. 301. Temporary extension of increased the seized property is not improperly dis- ‘‘(II) acquired under circumstances giving alternative minimum tax ex- closed or used. rise to a duty to maintain the secrecy of the emption amount.

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Budgetary effects. graph (1)(C), except that subsection (f)(3)(B) tax is determined under subparagraphs (A) shall be applied by substituting ‘2008’ for and (B), TITLE I—TEMPORARY EXTENSION OF TAX ‘1992’.’’. ‘‘(D) 20 percent of the adjusted net capital RELIEF (2) PHASEOUT OF PERSONAL EXEMPTIONS AND gain (or, if less, taxable income) in excess of SEC. 101. TEMPORARY EXTENSION OF 2001 TAX ITEMIZED DEDUCTIONS.— the sum of the amounts on which tax is de- RELIEF. (A) OVERALL LIMITATION ON ITEMIZED DE- termined under subparagraphs (B) and (C),’’. (a) TEMPORARY EXTENSION.— DUCTIONS.—Section 68 is amended— (2) MINIMUM TAX.—Paragraph (3) of section (1) IN GENERAL.—Section 901 of the Eco- (i) by striking ‘‘the applicable amount’’ the 55(b) is amended by striking subparagraph nomic Growth and Tax Relief Reconciliation first place it appears in subsection (a) and in- (C), by redesignating subparagraph (D) as Act of 2001 is amended by striking ‘‘Decem- ber 31, 2012’’ both places it appears and inserting ‘‘the applicable threshold in effect subparagraph (E), and by inserting after sub- serting ‘‘December 31, 2013’’. under section 1(i)(3)’’, paragraph (B) the following new subpara- (ii) by striking ‘‘the applicable amount’’ in graphs: (2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect as subsection (a)(1) and inserting ‘‘such applica- ‘‘(C) 15 percent of the lesser of— if included in the enactment of the Economic ble threshold’’, ‘‘(i) so much of the adjusted net capital Growth and Tax Relief Reconciliation Act of (iii) by striking subsection (b) and redesig- gain (or, if less, taxable excess) as exceeds 2001. nating subsections (c), (d), and (e) as sub- the amount on which tax is determined (b) APPLICATION TO CERTAIN HIGH-INCOME sections (b), (c), and (d), respectively, and under subparagraph (B), or TAXPAYERS.— (iv) by striking subsections (f) and (g). ‘‘(ii) the excess described in section (1) INCOME TAX RATES.— (B) PHASEOUT OF DEDUCTIONS FOR PERSONAL 1(h)(1)(C)(ii), plus (A) TREATMENT OF 25- AND 28- PERCENT RATE EXEMPTIONS.— ‘‘(D) 20 percent of the adjusted net capital BRACKETS.—Paragraph (2) of section 1(i) is (i) IN GENERAL.—Paragraph (3) of section gain (or, if less, taxable excess) in excess of amended to read as follows: 151(d) is amended— the sum of the amounts on which tax is de- ‘‘(2) 25- AND 28- PERCENT RATE BRACKETS.— (I) by striking ‘‘the threshold amount’’ in termined under subparagraphs (B) and (C), The tables under subsections (a), (b), (c), (d), subparagraphs (A) and (B) and inserting ‘‘the plus’’. and (e) shall be applied— applicable threshold in effect under section (c) CONFORMING AMENDMENTS.— ‘‘(A) by substituting ‘25%’ for ‘28%’ each 1(i)(3)’’, (1) The following provisions are each place it appears (before the application of (II) by striking subparagraph (C) and redes- amended by striking ‘‘15 percent’’ and insert- subparagraph (B)), and ignating subparagraph (D) as subparagraph ing ‘‘20 percent’’: ‘‘(B) by substituting ‘28%’ for ‘31%’ each (C), and (A) Section 531. place it appears.’’. (III) by striking subparagraphs (E) and (F). (B) Section 541. (B) 33-PERCENT RATE BRACKET.—Subsection (ii) CONFORMING AMENDMENTS.—Paragraph (C) Section 1445(e)(1). (i) of section 1 is amended by redesignating (4) of section 151(d) is amended— (D) The second sentence of section paragraph (3) as paragraph (4) and by insert- (I) by striking subparagraph (B), 7518(g)(6)(A). ing after paragraph (2) the following new (II) by redesignating clauses (i) and (ii) of (E) Section 53511(f)(2) of title 46, United paragraph: subparagraph (A) as subparagraphs (A) and States Code. ‘‘(3) 33-PERCENT RATE BRACKET.— (B), respectively, and by indenting such sub- (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are ‘‘(A) IN GENERAL.—In the case of taxable paragraphs (as so redesignated) accordingly, each amended by striking ‘‘5 percent (0 per- years beginning after December 31, 2012— and cent in the case of taxable years beginning ‘‘(i) the rate of tax under subsections (a), (III) by striking all that precedes ‘‘in a cal- after 2007)’’ and inserting ‘‘0 percent’’. (b), (c), and (d) on a taxpayer’s taxable in- endar year after 1989,’’ and inserting the fol- (3) Section 1445(e)(6) is amended by strik- come in the fourth rate bracket shall be 33 lowing: ing ‘‘15 percent (20 percent in the case of tax- percent to the extent such income does not ‘‘(4) INFLATION ADJUSTMENT.—In the case of able years beginning after December 31, exceed an amount equal to the excess of— any taxable year beginning’’. 2010)’’ and inserting ‘‘20 percent’’. ‘‘(I) the applicable amount, over (c) EFFECTIVE DATE.—Except as otherwise (d) EFFECTIVE DATES.— ‘‘(II) the dollar amount at which such provided, the amendments made by this sec- (1) IN GENERAL.—Except as otherwise pro- bracket begins, and tion shall apply to taxable years beginning vided, the amendments made by subsections ‘‘(ii) the 36 percent rate of tax under such after December 31, 2012. (b) and (c) shall apply to taxable years begin- subsections shall apply only to the tax- (d) APPLICATION OF EGTRRA SUNSET.— ning after December 31, 2012. payer’s taxable income in such bracket in ex- Each amendment made by subsection (b) (2) WITHHOLDING.—The amendments made cess of the amount to which clause (i) ap- shall be subject to title IX of the Economic by paragraphs (1)(C) and (3) of subsection (c) plies. Growth and Tax Relief Reconciliation Act of shall apply to amounts paid on or after Jan- ‘‘(B) APPLICABLE AMOUNT.—For purposes of 2001 to the same extent and in the same man- uary 1, 2013. this paragraph, the term ‘applicable amount’ ner as if such amendment was included in (e) APPLICATION OF JGTRRA SUNSET.— means the excess of— title I of such Act. Each amendment made by subsections (b) ‘‘(i) the applicable threshold, over SEC. 102. TEMPORARY EXTENSION OF 2003 TAX and (c) shall be subject to section 303 of the ‘‘(ii) the sum of the following amounts in RELIEF. Jobs and Growth Tax Relief Reconciliation effect for the taxable year: (a) EXTENSION.— Act of 2003 to the same extent and in the ‘‘(I) the basic standard deduction (within (1) IN GENERAL.—Section 303 of the Jobs same manner as if such amendment was in- the meaning of section 63(c)(2)), and and Growth Tax Relief Reconciliation Act of cluded in title III of such Act. ‘‘(II) the exemption amount (within the 2003 is amended by striking ‘‘December 31, SEC. 103. TEMPORARY EXTENSION OF 2010 TAX meaning of section 151(d)(1) (or, in the case 2012’’ and inserting ‘‘December 31, 2013’’. RELIEF. of subsection (a), 2 such exemption (2) EFFECTIVE DATE.—The amendment (a) AMERICAN OPPORTUNITY TAX CREDIT.— amounts). made by this subsection shall take effect as (1) IN GENERAL.—Section 25A(i) is amended ‘‘(C) APPLICABLE THRESHOLD.—For purposes if included in the enactment of the Jobs and by striking ‘‘or 2012’’ and inserting ‘‘2012, or of this paragraph, the term ‘applicable Growth Tax Relief Reconciliation Act of 2013’’. threshold’ means— 2003. (2) TREATMENT OF POSSESSIONS.—Section ‘‘(i) $250,000 in the case of subsection (a), (b) 20-PERCENT CAPITAL GAINS RATE FOR 1004(c)(1) of division B of the American Re- ‘‘(ii) $225,000 in the case of subsection (b), CERTAIN HIGH INCOME INDIVIDUALS.— covery and Reinvestment Tax Act of 2009 is ‘‘(iii) $200,000 in the case of subsections (c), (1) IN GENERAL.—Paragraph (1) of section amended by striking ‘‘and 2012’’ each place it and 1(h) is amended by striking subparagraph appears and inserting ‘‘2012, and 2013’’. ‘‘(iv) 1⁄2 the amount applicable under clause (C), by redesignating subparagraphs (D) and (b) CHILD TAX CREDIT.—Section 24(d)(4) is (i) (after adjustment, if any, under subpara- (E) as subparagraphs (E) and (F) and by in- amended— graph (E)) in the case of subsection (d). serting after subparagraph (B) the following (1) by striking ‘‘AND 2012’’ in the heading ‘‘(D) FOURTH RATE BRACKET.—For purposes new subparagraphs: and inserting ‘‘2012, AND 2013’’, and of this paragraph, the term ‘fourth rate ‘‘(C) 15 percent of the lesser of— (2) by striking ‘‘or 2012’’ and inserting bracket’ means the bracket which would (de- ‘‘(i) so much of the adjusted net capital ‘‘2012, or 2013’’. termined without regard to this paragraph) gain (or, if less, taxable income) as exceeds (c) EARNED INCOME TAX CREDIT.—Section be the 36-percent rate bracket. the amount on which a tax is determined 32(b)(3) is amended— ‘‘(E) INFLATION ADJUSTMENT.—For purposes under subparagraph (B), or (1) by striking ‘‘AND 2012’’ in the heading of this paragraph, with respect to taxable ‘‘(ii) the excess (if any) of— and inserting ‘‘2012, AND 2013’’, and

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(2) by striking ‘‘or 2012’’ and inserting RESULTING FROM DIFFERENT TAX RATES AND clusion amount exceeded the applicable ex- ‘‘2012, or 2013’’. EXCLUSION AMOUNTS.— clusion amount for the calendar year for (d) TEMPORARY EXTENSION OF RULE DIS- (1) CHANGING TAX RATES.—Notwithstanding which the tax is being computed. REGARDING REFUNDS IN THE ADMINISTRATION section 304 of the Tax Relief, Unemployment ‘‘(4) APPLICABLE EXCLUSION AMOUNT.—The OF FEDERAL PROGRAMS AND FEDERALLY AS- Insurance Reauthorization, and Job Creation term ‘applicable exclusion amount’ means, SISTED PROGRAMS.—Subsection (b) of section Act of 2010, section 901 of the Economic with respect to any period, the amount de- 6409 is amended by striking ‘‘December 31, Growth and Tax Relief Reconciliation Act of termined under section 2010(c) for such pe- 2012’’ and inserting ‘‘December 31, 2013’’. 2001 shall not apply to the amendments made riod, except that in the case of any period for (e) EFFECTIVE DATES.— by section 302(d) of the Tax Relief, Unem- which such amount includes the deceased (1) IN GENERAL.—Except as provided in ployment Insurance Reauthorization, and spousal unused exclusion amount (as defined paragraph (2), the amendments made by this Job Creation Act of 2010. in section 2010(c)(4)), such term shall mean section shall apply to taxable years begin- (2) DECREASING EXCLUSIONS.— the basic exclusion amount (as defined under ning after December 31, 2012. (A) ESTATE TAX ADJUSTMENT.—Section 2001 section 2010(c)(3), as in effect for such pe- (2) RULE DISREGARDING REFUNDS IN THE AD- is amended by adding at the end the fol- riod).’’. MINISTRATION OF CERTAIN PROGRAMS.—The lowing new subsection: (c) EFFECTIVE DATE.—The amendments amendment made by subsection (d) shall ‘‘(h) ADJUSTMENT TO REFLECT CHANGES IN made by this section shall apply to estates of apply to amounts received after December EXCLUSION AMOUNT.— decedents dying, and generation-skipping 31, 2012. ‘‘(1) IN GENERAL.—If, with respect to any transfers and gifts made, after December 31, SEC. 104. TEMPORARY EXTENSION OF ELECTION gift to which subsection (b)(2) applies, the 2012. TO EXPENSE CERTAIN DEPRE- applicable exclusion amount in effect at the (d) APPLICATION OF EGTRRA SUNSET.—Sec- CIABLE BUSINESS ASSETS. time of the decedent’s death is less than such tion 901 of the Economic Growth and Tax Re- (a) IN GENERAL.— amount in effect at the time such gift is lief Reconciliation Act shall apply to the (1) DOLLAR LIMITATION.—Section 179(b)(1) is made by the decedent, the amount of tax amendments made by subsection (a). amended— computed under subsection (b) shall be re- TITLE III—ALTERNATIVE MINIMUM TAX (A) by striking ‘‘and’’ at the end of sub- duced by the amount of tax which would RELIEF paragraph (C), have been payable under chapter 12 at the (B) by redesignating subparagraph (D) as SEC. 301. TEMPORARY EXTENSION OF IN- time of the gift if the applicable exclusion CREASED ALTERNATIVE MINIMUM subparagraph (E), amount in effect at such time had been the TAX EXEMPTION AMOUNT. (C) by inserting after subparagraph (C) the applicable exclusion amount in effect at the (a) IN GENERAL.—Paragraph (1) of section following new subparagraph: time of the decedent’s death and the modi- 55(d) is amended— ‘‘(D) $250,000 in the case of taxable years fications described in subsection (g) had been (1) by striking ‘‘$72,450’’ and all that fol- beginning in 2013, and’’, and applicable at the time of such gifts. lows through ‘‘2011’’ in subparagraph (A) and (D) in subparagraph (E), as so redesignated, ‘‘(2) LIMITATION.—The aggregate amount of inserting ‘‘$78,750 in the case of taxable years by striking ‘‘2012’’ and inserting ‘‘2013’’. gifts made in any calendar year to which the beginning in 2012’’, and (2) REDUCTION IN LIMITATION.—Section reduction under paragraph (1) applies shall (2) by striking ‘‘$47,450’’ and all that fol- 179(b)(2) is amended— not exceed the excess of— lows through ‘‘2011’’ in subparagraph (B) and (A) by striking ‘‘and’’ at the end of sub- ‘‘(A) the applicable exclusion amount in ef- inserting ‘‘$50,600 in the case of taxable years paragraph (C), fect for such calendar year, over beginning in 2012’’. (B) by redesignating subparagraph (D) as ‘‘(B) the applicable exclusion amount in ef- (b) EFFECTIVE DATE.—The amendments subparagraph (E), fect at the time of the decedent’s death. made by this section shall apply to taxable (C) by inserting after subparagraph (C) the ‘‘(3) APPLICABLE EXCLUSION AMOUNT.—The years beginning after December 31, 2011. following new subparagraph: term ‘applicable exclusion amount’ means, SEC. 302. TEMPORARY EXTENSION OF ALTER- ‘‘(D) $800,000 in the case of taxable years with respect to any period, the amount de- NATIVE MINIMUM TAX RELIEF FOR beginning in 2013, and’’, and termined under section 2010(c) for such pe- NONREFUNDABLE PERSONAL CRED- (D) in subparagraph (E), as so redesignated, riod, except that in the case of any period for ITS. by striking ‘‘2012’’ and inserting ‘‘2013’’. which such amount includes the deceased (a) IN GENERAL.—Paragraph (2) of section (b) COMPUTER SOFTWARE.—Section spousal unused exclusion amount (as defined 26(a) is amended— 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ in section 2010(c)(4)), such term shall mean (1) by striking ‘‘or 2011’’ and inserting and inserting ‘‘2014’’. the basic exclusion amount (as defined under ‘‘2011, or 2012’’, and (c) ELECTION.—Section 179(c)(2) is amended section 2010(c)(3), as in effect for such pe- (2) by striking ‘‘2011’’ in the heading thereof by striking ‘‘2013’’ and inserting ‘‘2014’’. riod).’’. and inserting ‘‘2012’’. (d) EFFECTIVE DATE.—The amendments (B) GIFT TAX ADJUSTMENT.—Section 2502 is (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable amended by adding at the end the following made by this section shall apply to taxable years beginning after December 31, 2012. new subsection: years beginning after December 31, 2011. TITLE II—ESTATE TAX RELIEF ‘‘(d) ADJUSTMENT TO REFLECT CHANGES IN TITLE IV—BUDGETARY EFFECTS SEC. 201. MODIFICATIONS TO ESTATE, GIFT, AND EXCLUSION AMOUNT.— SEC. 401. BUDGETARY EFFECTS. GENERATION-SKIPPING TRANSFER ‘‘(1) IN GENERAL.—If the taxpayer made a (a) PAYGO SCORECARD.—The budgetary ef- TAXES. taxable gift in an applicable preceding cal- fects of this Act shall not be entered on ei- (a) MODIFICATIONS TO ESTATE TAX.— endar period, the amount of tax computed ther PAYGO scorecard maintained pursuant (1) EXCLUSION AMOUNT.—Paragraph (3) of under subsection (a) shall be reduced by the to section 4(d) of the Statutory Pay-As-You- section 2010(c) is amended to read as follows: amount of tax which would have been pay- Go Act of 2010. ‘‘(3) BASIC EXCLUSION AMOUNT.—For pur- able under chapter 12 for such applicable pre- (b) SENATE PAYGO SCORECARD.—The budg- poses of this section, the basic exclusion ceding calendar period if the applicable ex- etary effects of this Act shall not be entered amount is $3,500,000.’’. clusion amount in effect for such preceding on any PAYGO scorecard maintained for (2) MAXIMUM ESTATE TAX RATE.—The table calendar period had been the applicable ex- purposes of section 201 of S. Con Res. 21 in subsection (c) of section 2001 is amended clusion amount in effect for the calendar (110th Congress). by striking ‘‘Over $500,000’’ and all that fol- year for which the tax is being computed and lows and inserting the following: the modifications described in subsection (g) f Over $500,000 but not over $155,800, plus 37 percent had been applicable for such preceding cal- NOTICE OF HEARING $750,000. of the excess of such endar period. amount over $500,000. COMMITTEE ON ENERGY AND NATURAL ‘‘(2) LIMITATION.—The aggregate amount of Over $750,000 but not over $248,300, plus 39 percent RESOURCES $1,000,000. of the excess of such gifts made in any applicable preceding cal- amount over $750,000. endar period to which the reduction under Mr. BINGAMAN. Mr. President, I Over $1,000,000 but not $345,800, plus 41 percent paragraph (1) applies shall not exceed the ex- would like to announce for the infor- over $1,250,000. of the excess of such cess of— mation of the Senate and the public amount over $1,000,000. ‘‘(A) the applicable exclusion amount for that a hearing has been scheduled be- Over $1,250,000 but not $448,300, plus 43 percent such preceding calendar period, over over $1,500,000. of the excess of such fore the Committee on Energy and Nat- ‘‘(B) the applicable exclusion amount for amount over $1,250,000. ural Resources. The hearing will be Over $1,500,000...... $555,800, plus 45 percent the calendar year for which the tax is being held on Tuesday, July 24, 2012, at 10 of the excess of such computed. amount over ‘‘(3) APPLICABLE PRECEDING CALENDAR YEAR a.m., in room SD–366 of the Dirksen $1,500,000.’’. PERIOD.—The term ‘applicable preceding cal- Senate Office Building. (b) MODIFICATIONS OF ESTATE AND GIFT endar year period’ means any preceding cal- The purpose of the hearing is to as- TAXES TO REFLECT DIFFERENCES IN CREDIT endar year period in which the applicable ex- sess the opportunities for, current level

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.001 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11430 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 17, 2012 of investment in, and barriers to the Select Committee on Intelligence be Whereas field reports and research suggest expanded usage of natural gas as a fuel authorized to meet during the session that if direct or indirect lightning strikes a for transportation. of the Senate on July 17, 2012, at 2:30 structure, the risk for electrical arcing be- Because of the limited time available p.m. tween the metal components in a structure The PRESIDING OFFICER. Without with yellow CSST may be reduced by means for the hearing, witnesses may testify of equipotential bonding and grounding; by invitation only. However, those objection, it is so ordered. Whereas proper bonding of CSST is defined wishing to submit written testimony PERMANENT SUBCOMMITTEE ON INVESTIGATIONS in section 7.13.2 of the 2009 edition of the for the hearing record should send it to Mr. UDALL of Colorado. Mr. Presi- NFPA 54: National Fuel Gas Code, and is ref- the Committee on Energy and Natural dent, I ask unanimous consent that the erenced in info note 2 in section 250.104 of the Resources, U.S. Senate, 304 Dirksen Permanent Subcommittee on Inves- 2011 edition of the NFPA 70: National Elec- Senate Office Building, Washington, tigations of the Committee on Home- tric Code; DC 20510–6150, or by email to land Security and Governmental Af- Whereas the National Association of State fairs be authorized to meet during the Fire Marshals supports the proper bonding of [email protected]. yellow CSST to current National Fire Pro- For further information, please con- session of the Senate on July 17, 2012, tection Association Code to reduce the possi- tact Jennifer Nekuda Malik at 202–224– at 9:30 a.m., to conduct a hearing enti- bility of gas leaks and fires from lightning 5479, or Kevin Rennert at 202–224–7826, tled ‘‘U.S. Vulnerabilities to Money strikes; or Meagan Gins at 202–224–0883. Laundering, Drugs, and Terrorist Fi- Whereas the National Association of State nancing: HSBC Case History.’’ Fire Marshals is working to educate relevant f The PRESIDING OFFICER. Without stakeholders, including fire, building, and AUTHORITY FOR COMMITTEES TO objection, it is so ordered. housing officials, consumers, homeowners, and construction professionals about the MEET f need to properly bond yellow CSST in legacy COMMITTEE ON AGRICULTURE, NUTRITION, AND PRIVILEGES OF THE FLOOR installations and in all new installations in FORESTRY Mr. WHITEHOUSE. Mr. President, I accordance with the most recent building Mr. UDALL of Colorado. Mr. Presi- codes and manufacturer installation instruc- ask unanimous consent that for the du- dent, I ask unanimous consent that the tions; ration of today’s session, Alex Link, Committee on Agriculture, Nutrition, Whereas the bonding of yellow CSST in Rob Famigletti, and Samantha Free- and Forestry be authorized to hold a legacy installations is an important public man, fellows on my Judiciary Com- hearing entitled, ‘‘Dodd-Frank Wall safety matter that merits alerting home- mittee staff, be granted floor privi- owners, relevant State and local fire, build- Street Reform and Consumer Protec- leges. ing, and housing officials, and construction tion Act: 2 Years Later,’’ during the The PRESIDING OFFICER. Without professionals such as electricians, contrac- session of the Senate on July 17, 2012, objection, it is so ordered. tors, plumbers, inspectors, and home-im- at 10 a.m. in room SR–328A of the Rus- provement specialists: Now, therefore, be it sell Senate Office Building. f Resolved, That the Senate— The PRESIDING OFFICER. Without COMMENDING EFFORTS TO PRO- (1) commends efforts to promote and en- objection, it is so ordered. MOTE AND ENHANCE PUBLIC hance public safety and consumer awareness SAFETY on proper bonding of yellow corrugated COMMITTEE ON BANKING, HOUSING, AND URBAN stainless steel tubing (referred to in this res- AFFAIRS Mr. DURBIN. Mr. President, I ask olution as ‘‘CSST’’) as defined in the Na- Mr. UDALL of Colorado. Mr. Presi- unanimous consent that the Judiciary tional Fire Protection Association Code; and dent, I ask unanimous consent that the Committee be discharged from further (2) encourages further educational efforts Committee on Banking, Housing, and consideration of S. Res. 483, and the for the public, relevant building and housing Urban Affairs be authorized to meet Senate proceed to its consideration. officials, consumers, homeowners, and con- during the session of the Senate on The PRESIDING OFFICER. Without struction professionals on the need to prop- July 17, 2012, at 10 a.m., to conduct a objection, it is so ordered. erly bond yellow CSST retroactively and The clerk will report the resolution moving forward in houses that contain the committee hearing entitled ‘‘The product. Semiannual Monetary Policy Report to by title. Congress.’’ The assistant legislative clerk read f The PRESIDING OFFICER. Without as follows: MEASURE READ THE FIRST objection, it is so ordered. A resolution (S. Res. 483) commending ef- TIME—S. 3393 forts to promote and enhance public safety COMMITTEE ON ENERGY AND NATURAL on the need for yellow corrugated stainless Mr. DURBIN. Mr. President, I under- RESOURCES steel tubing bonding. stand S. 3393 introduced earlier today Mr. UDALL of Colorado. Mr. Presi- There being no objection, the Senate by Senator REID is at the desk, and I dent, I ask unanimous consent that the proceeded to consider the resolution. ask for its first reading. Committee on Energy and Natural Re- Mr. DURBIN. I ask unanimous con- The PRESIDING OFFICER. The sources be authorized to meet during sent the resolution be agreed to, the clerk will read the bill by title for the the session of the Senate on July 17, preamble be agreed to, the motions to first time. 2012, at 10 a.m., in room 366 of the Dirk- reconsider be laid upon the table, with The assistant legislative clerk read sen Senate Office Building. no intervening action or debate, and as follows: The PRESIDING OFFICER. Without any statements be printed in the A bill (S. 3393) to amend the Internal Rev- objection, it is so ordered. RECORD. enue Code of 1986 to provide tax relief to COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without middle-class families. Mr. UDALL of Colorado. Mr. Presi- objection, it is so ordered. Mr. DURBIN. I now ask for its second dent, I ask unanimous consent that the The resolution (S. Res. 483) was reading and object to my own request. Committee on Foreign Relations be au- agreed to. The PRESIDING OFFICER. The ob- thorized to meet during the session of The preamble was agreed to. jection having been heard, the bill will the Senate on July 17, 2012, at 9:30 a.m., The resolution, with its preamble, be read for the second time on the next to hold a hearing entitled, ‘‘The Next reads as follows: legislative day. Ten Years in the Fight Against Human S. RES. 483 f Trafficking: Attacking the Problem Whereas yellow corrugated stainless steel with the Right Tools.’’ tubing (referred to in this preamble as ORDERS FOR WEDNESDAY, JULY The PRESIDING OFFICER. Without ‘‘CSST’’) is flexible gas piping used to con- 18, 2012 objection, it is so ordered. vey natural gas or propane to household ap- pliances in homes and businesses; Mr. DURBIN. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE Whereas since 1990, yellow CSST has been unanimous consent that when the Sen- Mr. UDALL of Colorado. Mr. Presi- installed in more than 6,000,000 homes and ate completes its business today, it ad- dent, I ask unanimous consent that the businesses in the United States; journ until 9:30 a.m., on Wednesday,

VerDate Sep 11 2014 15:00 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S17JY2.001 S17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11431 July 18; that following the prayer and SANJAY S. BHATIA ERIN A. KEYSER SAMUEL N. BLACKER KELLY G. KILCOYNE pledge, the Journal of proceedings be LUKE R. BLOOMQUIST MOON J. KIM approved to date, the morning hour be TIMOTHY E. BORDEN REN M. KINOSHITA DONNELL K. BOWEN DEANNA M. KLESNEY deemed expired, and the time for the MICHAEL M. BRAUN AMY M. KLUI two leaders be reserved for their use EVAN G. BROWN MATTHEW W. KLUK SHAUN R. BROWN KENDRAL R. KNIGHT later in the day; that the majority CHELSEA D. BRUNDAGE RYAN M. KNIGHT leader be recognized and the first hour CHRISTINA BRZEZNIAK JEFFREY B. KNOX KRISTINA R. BURKE NICHOLAS D. KORTAN be equally divided and controlled be- ROBERT J. BUSH DONALD J. KOSATKA tween the two leaders or their des- NICOLAS R. CAHANDING WILLIAM J. KROSKI CHARLES J. CALAIS JOSEPH S. K. KUSHI ignees, with the majority controlling TATJANA P. CALVANO RYAN M. KWOK the first half and the Republicans con- MACARIO CAMACHO, JR. SALVATORE V. LABRUZZO JOHN D. A. CAMPAGNA RUSSELL W. LAKE trolling the final half. PATRICK M. CAREY PRASAD LAKSHMINARASIMHIAH The PRESIDING OFFICER. Without TIMOTHY W. CAREY BRYAN D. LALIBERTE DEREK M. CARLSON MATTHEW T. LAQUER objection, it is so ordered. JOHN P. CASAS TIMOTHY N. LAUGHY BRIAN V. CASHIN KARL A. LAUTENSCHLAGER f LAURA M. CASHIN MELANIE N. LEADLEY MARLIN CAUSEY GEORGE L. LEE III PROGRAM ASHLEY H. CHATIGNY YOUNG E. LEE MICHAEL K. CHEEZUM SCOTT L. LEIFSON Mr. DURBIN. Today, the majority WEICHIN CHEN JEFFREY D. LEININGER YINTING CHEN GRACE M. LIDL leader filed cloture on the motion to FONGKUEI F. CHENG DUSTIN J. LITTLE proceed to S. 3364, the Bring Jobs Home GEOFFREY C. CHIN TIMOTHY W. LIVENGOOD STEVEN CHOI KIMBERLY M. LOCHNER Act. If no agreement is reached, the KEVIN S. CLIVE AMY M. LOYD cloture vote will be on Thursday. CHRISTOPHER J. COCHRANE CHARLES D. MAGEE KATHERINE E. COCKER GIL G. MAGPANTAY f MONICA L. COLOMBO RENEE L. MAKOWSKI ANTHONY W. COOPER II JOHN MANDEVILLE JONATHAN A. CRAUN PEDRO A. MANIBUSAN ADJOURNMENT UNTIL 9:30 A.M. DAVID A. CRAWFORD KELLY M. MANN TOMORROW HECTOR O. CRESPOSOTO CHARLOTTE S. MARCUS RYAN N. CRETE DEANDRA A. MARTIN Mr. DURBIN. If there is no further KEVIN P. CROTTY JUAN M. MARTINEZROSS REGINO P. CUBE SHAUN A. MARTINHO business to come before the Senate, I CLAIREIDA A. CUNDIFF JAMES A. MAXEY ask unanimous consent that it adjourn JASON I. DAILEY CHAD B. MCBRIDE VERONICA C. DAMASCO KIRK D. MCBRIDE under the previous order. TAM Q. DANG ANGELLETTA N. MCCRANEY There being no objection, the Senate, RAJESH K. DANIELS BRENDAN J. MCCRISKIN MICHAEL S. DEGON DEANNA C. MCCULLOUGH at 5:57 p.m., adjourned until Wednes- LINDSAY J. DELLAVALLE DEVIN P. MCFADDEN day, July 18, 2012, at 9:30 a.m. JASON M. DESADIER OWEN MCGRANE PETER J. DILLON, JR. BRIAN J. MCGRATH f JOHN T. DISTELHORST COLLEEN M. MCMANAMAN TAMMY L. DONOWAY LUKE E. MEASE NOMINATIONS ROY D. EDWARDS MARIDELLE B. MILLENDEZ TAIWONA L. ELLIOTT SETH L. MILLER Executive nominations received by MICHAEL K. ELM TIMOTHY J. MILLER KATISHA D. ENG JAMIE R. MINGS the Senate: SARAH M. ESTRADA ELLIOTT I. MITNIK PETER D. EVERSON PETER M. MOFFETT INSTITUTE OF AMERICAN INDIAN AND ALASKA DAVID M. FERRARO ILA C. M. MOFFITT NATIVE CULTURE AND ARTS DEVELOPMENT LAYNE M. FIELDER DANIEL B. MORILLA LERA L. FINA ANDREW D. MOSIER BIDTAH N. BECKER, OF NEW MEXICO, TO BE A MEMBER RYAN P. FLANAGAN AMY L. MURPHY OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF JASON A. FOERTER JOSEPH MY AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND TOMAS FORAL KATHRYN E. MYHRE ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2018, CHRISTOPHER J. FORSTER ANNA L. NAIG VICE PERRY R. EATON, TERM EXPIRED. JUSTIN T. FOWLER SIDDHARTA P. NANDI IN THE AIR FORCE BRANDON A. FRANCIS DOMENICK P. NARDI BENJAMIN FREEMAN JUSTIN D. NEEDHAM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANTHONY D. FREILER THOMAS G. NESSLER III TO THE GRADE INDICATED IN THE REGULAR AIR FORCE NATHAN K. FRIEDLINE CHARLES T. NGUYEN UNDER TITLE 10, U.S.C., SECTION 531: BRANDON D. FRYE PHUOC T. NGUYEN BONNIE J. GENEMAN CLAUDIA E. NICHOLAS To be major PATRICK J. GOLDEN MATTHEW C. NICHOLS SEAN J. HISLOP LYNN E. GOWER MATTHEW C. NUCKOLS KINK A. KEEGAN III BRENDAN C. GRAHAM MOROHUNRANTI O. OGUNTOYE LUCAS P. NEFF LINDSEY J. GRAHAM MICHELLE A. OJEMUYIWA ERIC S. GRENIER CAMERON L. OLDEROG IN THE ARMY ALLEN D. HAIGHT DEBORAH L. ONDRASIK JAMES J. HAM NICHOLAS R. ONDRASIK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRAVIS J. HAMILTON SCOTT C. OSBORN TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK O. HARDIN ALYSSA M. PARK MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 JOSHUA J. HARDMAN ANISH A. PATEL AND 3064: DAUSEN J. HARKER TERESA D. PEARCE To be major HILLARY M. HARPER NEIL G. PERERA LISA M. HARRIS AIXA PEREZRODRIGUEZ CHAD S. ABBEY ALAN K. HECKLER DAVID J. PETERSON BECKY A. ABELL RYAN J. HEITMANN KRISTINE J. PFEIFFER MARGARET J. ABUZEID JAMES A. HENRY VALERIE L. PIRES DOUGLAS R. ADAMS JENNIFER H. HEPPS JASON L. PIZZOLA MARY T. A. ADAMS JOSEPHINE P. HORITA WILLIAM H. PORR NICHELL ADEGBITEMARAVENTANO JORDANNA M. HOSTLER ERIC W. PORRITT CHINENYE J. ADIMORA JOHN H. HOTCHKISS IV MAX D. PUSZ DAVID K. ADKINSON CHRISTOPHER M. HOUSE BRADDEN R. PYRON UZONDU F. AGOCHUKWU ROBERT C. HOWARD SARAH J. RABIE LATANYA AGURS MICHAEL J. HUDSON MEGHAN F. RALEIGH CRAIG R. AINSWORTH JEANNIE HUH MARCUS J. RAMPTON NICHOLAS N. ALLAN CHAD D. HULSOPPLE ANTHONY J. RECUPERO MICHAEL J. ALLEN JOHN D. HUNSAKER JEFFREY L. REHA SAMUEL F. ALMQUIST RYAN C. INOCENCIO MATTHEW D. RENSBERRY JAMIE N. ANDREWS LUIS C. ISAZA JEREMY N. RICH LORI L. ANGERSONBEDNASH JOHN W. JACO JAY J. RICHARDS AMANDA L. ANTLE ANETA JEDRZEJCZYK GRETCHEN D. RICKARDS TODD M. ANTON SHELDON L. JENSEN BRITTANY L. RITCHIE JENNIFER R. ASARIAS BENJAMIN L. JONES JOHN D. RITCHIE AARON G. AVALLONE CANDICE E. JONESCOX REIS B. RITZ BRADLEY C. BANDERA ANTON Y. JORGENSEN IAN M. RIVERA CHRISTOPHER S. BARANYK JOSEPH S. JUNG JESSICA C. RIVERA HEATHER M. BEAUPARLANT YI S. KAM MICAH J. ROBERTS MICHAEL J. BELTRAN DAVID KASSOP SAMANTHA B. RODGERS JOHN S. BERRY IV CHARLOTTE M. KASTL SHARON ROMANO JOHNATHON A. BERRY CHARLES C. KEY THOMAS R. RONAY

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CHRISTOPHER L. ROZELLE JOHNETTA D. WASHINGTON JAIME A. HUGHES CHRISTINA B. RUMAYOR BRIAN R. WATERMAN CASSANDRE JOSEPH FARHAD SAFI TIMOTHY R. WATERS CHRISTOPHER M. KEPROS NATHAN L. SALINAS RICHARD C. WEBB MIN C. KIM CATHERINE M. SAMPERT MARISSA L. WEBER SEWHAN KIM JOHN P. SANDERS DANIEL WEINSTEIN JOHN D. KING STEVEN A. SATTERLY CHRISTOPHER R. WELTON CHRISTOPHER P. KITTLE TERESA SAULTES SHAWN R. WEST JACQUELINE S. LAPIN DANIELLE L. SCHER BENJAMIN J. WESTBROOK TIN M. LE CHRISTIAN C. SCHRADER JEFFERY A. WHITE TUNG V. LE SHANNON C. SCHUERGER JOSEPH M. WHITE JUSTIN P. LEWIS JOSEPH SCLAFANI SABRINA V. WHITEHURST SHELDON X. LU MELISSA B. SCORZA JUSTIN L. WILKIE ADAM J. LYTLE THOMAS J. SEITER, JR. ALICIA M. WILLIAMS CABEL A. MCDONALD HARSHA SETTY ROGER S. WILLIAMS MICHAEL J. MCNAUGHT PIERRE N. SHEPHERD DOUGLAS G. WILSON MATTHEW A. MEYER JESSE R. SHERRATT ERIC D. WIRTZ CLAUDIA P. MILLAN JOON K. SHIM MARIUSZ WOJNARSKI EDWARD L. MONTOYA COLLEEN P. SHOLAR CHRISTINE L. WOLFE RICK C. MOSER MERICA SHRESTHA ELIZABETH A. WOODS HEATHER R. A. OLMO BRIDGET A. SINNOTT ALAN I. C. WU DANIEL R. PERRINGTON GREGORY R. SKERRETT WILLIAM C. WU ERIC J. SETTER JENNIFER N. SLIM MICHAEL A. ZACCHILLI LYNN SHERMAN DAWN M. SLOAN HANNA D. ZEMBRZUSKA YOUNG K. SON STIRLING B. SMITH CONG Z. ZHAO RICHARD W. STANDAGE DANIEL J. SONG JARED K. ZOTZ BLAKE C. STUART BETHANY E. SONOBE MICHAEL R. VILLACARLOS JASON A. SORELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAYLON L. WAITE ALYSSA A. SOUMOFF TO THE GRADE INDICATED IN THE UNITED STATES ARMY DIANA W. WEBER ANNE P. SPILLANE DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 NATHAN G. WOODS ERIN L. SPILLANE AND 3064: ROBERT B. YANKOVICH SARAH R. SPRAITZAR To be major LARA M. YEGHIASARIAN SHANKAR K. SRIDHARA JASON C. YI DAVID STANLEY JEFFREY E. AYCOCK ERIC W. YOUNG JASON R. STONE JEREMY P. BATEMAN KAREN S. STRENGE NATHAN N. BATRICE THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JONATHAN M. STROBEL JAXIMILLIAN P. BAYLOSIS THE UNITED STATES OFFICERS FOR APPOINTMENT TO DAVID F. SULKOWSKI BRENDAN E. BELL THE GRADE INDICATED IN THE RESERVE OF THE ARMY KATHRYN L. SULKOWSKI KAILEHIA N. BINNS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOHN SYMONS AARON J. BROOKS BENJAMIN D. TABAK KENNETH B. CAREY To be colonel TIMOTHY J. TAUSCH MATTHEW E. CARLSON BETHANY N. TEER MATTHEW T. CARPENTER BRENT A. BECKLEY SHAYNA D. THOMPSON BRIAN B. CHOI SCOTT P. BROWN ROSS N. THORMAHLEN JEFFREY M. CLARK LOWELL E. KRUSE LAUREL A. THURSTON AARON J. COLBY JOHNATHAN H. LEHMAN KYLE J. TOBLER BRANDON G. COLEMAN JAMES P. MCHUGH ERIC B. TOMICH BRANDEN L. DAILEY MICHAEL G. POOLER KRISTEN L. TOREN PATRICK C. DANIEL, JR. ROBERT M. TYSZKO DANIEL D. TRAN JASMIN G. DEGUZMAN STEPHEN J. WARD ALI A. TURABI CHAD T. EARDLEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK S. TWOMEY JENNIFER L. ELZINGA IN THE GRADE INDICATED IN THE RESERVE OF THE ALFREDO E. URDANETA AARON C. ERCOLE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JOHN VENEZIA JAMES M. GIESEN JACOB L. WAGNER KRISTY L. HAYES To be colonel RYAN M. WALK ELIZABETH A. HEYN BIN WANG HAE J. HONG BRIAN J. EASTRIDGE

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The House met at noon and was declares the House in recess until 2 dress the House for 1 minute and to recalled to order by the Speaker pro tem- p.m. today. vise and extend his remarks.) pore (Mr. CULBERSON). Accordingly (at 12 o’clock and 1 Mr. WILSON of South Carolina. Mr. f minute p.m.), the House stood in re- Speaker, The Hill newspaper published cess. a special report a few weeks ago, bring- DESIGNATION OF SPEAKER PRO ing more attention to the very real TEMPORE f threat of defense sequestration. b 1400 The SPEAKER pro tempore laid be- Many people are under the false im- fore the House the following commu- AFTER RECESS pression that defense spending rep- nication from the Speaker: The recess having expired, the House resents a significantly larger portion of WASHINGTON, DC, was called to order by the Speaker pro the Federal budget than it truly does. July 17, 2012. tempore (Mr. WOMACK) at 2 p.m. The current budget of the Department I hereby appoint the Honorable JOHN of Defense represents 15.1 percent of ABNEY CULBERSON to act as Speaker pro tem- f the Federal budget. This chart shows pore on this day. PRAYER JOHN A. BOEHNER, that defense spending has declined over Speaker of the House of Representatives. The Chaplain, the Reverend Patrick the last 20 years. f J. Conroy, offered the following prayer: Sequestration represents a $1.2 tril- Loving God, we give You thanks for lion cut. Half of the $1.2 trillion comes MORNING-HOUR DEBATE giving us another day. from the defense budget. I do not be- The SPEAKER pro tempore. Pursu- Stir our spirits, O Lord, that we may lieve that half of these cuts should ant to the order of the House of Janu- praise You with full attention and be come from 15.1 percent of the budget. ary 17, 2012, the Chair would now recog- wholehearted in all the tasks You set Additionally, sequestration will af- nize Members from lists submitted by before us this day. fect all areas of our national economy. the majority and minority leaders for We can see Your deeds unfolding in It is projected that sequestration could morning-hour debate. our history and in every act of justice cost 1 million American jobs and cause The Chair will alternate recognition and kindness. Bless those who have the unemployment rate to rise by an between the parties, with each party blessed us, and be close to those most entire percentage point. We should pass limited to 1 hour and each Member in need of Your compassion and love. the bill by Armed Services Committee other than the majority and minority Fear of You, O Lord, is the beginning Chairman BUCK MCKEON, which ad- leaders and the minority whip limited of wisdom. Bless the Members of this dresses the issue without tax increases. to 5 minutes each, but in no event shall people’s House with such wisdom. As In conclusion, God bless our troops, debate continue beyond 1:50 p.m. they resume the work of this assembly, and we will never forget September the f guide them to grow in understanding in 11th in the global war on terrorism. MESSAGE FROM THE PRESIDENT attaining solutions to our Nation’s Congratulations, Mary and Jerry needs that are imbued with truth and A message in writing from the Presi- Howard of Lexington, South Carolina, justice. dent of the United States was commu- on your 50th anniversary. May all that is done here this day be nicated to the House by Mr. Brian f for Your greater honor and glory. Pate, one of his secretaries. Amen. ABORTION RIGHTS FOR THE f f WOMEN OF THE DISTRICT OF CO- LUMBIA COMMUNICATION FROM THE THE JOURNAL CLERK OF THE HOUSE (Ms. NORTON asked and was given The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- permission to address the House for 1 Chair has examined the Journal of the fore the House the following commu- minute and to revise and extend her re- last day’s proceedings and announces nication from the Clerk of the House of marks.) to the House his approval thereof. Representatives: Ms. NORTON. Mr. Speaker, my re- Pursuant to clause 1, rule I, the Jour- quest to testify was summarily refused OFFICE OF THE CLERK, nal stands approved. HOUSE OF REPRESENTATIVES, on a bill to be marked up tomorrow to Washington, DC, July 16, 2012. f deny only women in my district, the Hon. JOHN A. BOEHNER, PLEDGE OF ALLEGIANCE District of Columbia, the right to an The Speaker, U.S. Capitol, The SPEAKER pro tempore. Will the abortion after 20 weeks of pregnancy as House of Representatives, Washington, DC. guaranteed by Roe v. Wade. So I testify DEAR MR. SPEAKER: Pursuant to the per- gentleman from Texas (Mr. BURGESS) for 1 minute today. mission granted in Clause 2(h) of Rule II of come forward and lead the House in the the Rules of the U.S. House of Representa- Pledge of Allegiance. TRENT FRANKS, the chairman and tives, the Clerk received the following mes- Mr. BURGESS led the Pledge of Alle- sponsor of H.R. 3803 must have thought sage from the Secretary of the Senate on giance as follows: that one unfairness deserves another. July 16, 2012 at 2:12 p.m.: The bill is of a piece with Republican That the Senate passed with an amend- I pledge allegiance to the Flag of the United States of America, and to the Repub- attacks all year—to deny contracep- ment H.R. 2527. tives in health insurance, and to With best wishes, I am lic for which it stands, one nation under God, Sincerely, indivisible, with liberty and justice for all. defund Planned Parenthood. KAREN L. HAAS. f The bill is unprincipled, or it would f not apply only to the District of Co- SEQUESTRATION DEVASTATES lumbia. Its bogus science is matched by RECESS DEFENSE the absence of a need. Recent figures The SPEAKER pro tempore. Pursu- (Mr. WILSON of South Carolina show almost three-quarters of abor- ant to clause 12(a) of rule I, the Chair asked and was given permission to ad- tions in the District occurred under 10

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

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ASTHMATICS Company, 93rd Military Police Bat- She was best known for coauthoring, (Mr. BURGESS asked and was given talion, Fort Bliss, Texas. along with Milton Friedman, ‘‘A Mone- permission to address the House for 1 His mother, Ignacia, said, ‘‘Since he tary History of the United States.’’ The minute and to revise and extend his re- was a child, he wanted to defend his book’s thesis attributed the worst marks.) country. He very much loved liberty. depth of the Great Depression to the Mr. BURGESS. Mr. Speaker, this He wanted a free country without war, Federal Reserve’s restricting the sup- year, a common over-the-counter without problems.’’ ply of money when it should have ex- emergency asthma inhaler was forced ‘‘Ricky died like a hero, fighting for panded it. Its conclusions revolution- off the pharmacy shelves due to an his country,’’ she said, ‘‘not just for his ized our understanding of that era. international treaty agreement. Now, country but for all of us who live in ‘‘Anna did all of the work, and I got patients who suffer from asthma and America. He loved this country very most of the recognition,’’ Friedman ob- who find themselves awake at 2 a.m. much.’’ served, who received the Nobel Prize in with unexpected attacks and who don’t He is survived by his wife, Sunny; Economic Sciences in 1976. have access to immediate inhalers, son, Ricardo; his mother and father, I ask the House to join me in paying well, they’ve got a problem. It used to Ignacia and Ricardo Seija of Tampa; tribute to this most inspiring woman be a problem they could solve with a and two older brothers, Jose and and in expressing both our gratitude quick trip down to the 24-hour phar- Eduardo. and condolences to her family. macy. Now they have to go to the On behalf of the Tampa Bay commu- f emergency room. nity, I salute Staff Sergeant Seija for Although a replacement inhaler has his service and for his ultimate sac- THE CONTINUATION OF THE NA- been before the FDA’s approval board, rifice to our great country, and I ask TIONAL EMERGENCY WITH RE- they’ve taken no action. When the ban that all Americans recognize this re- SPECT TO THE FORMER LIBE- on the available over-the-counter in- markable patriot. RIAN REGIME OF CHARLES TAY- haler went into effect, most people ex- f LOR—MESSAGE FROM THE pected the replacement would be avail- PRESIDENT OF THE UNITED able with no disruption, but this has WHERE ARE THE JOBS? STATES (H. DOC. NO. 112–124) not been the case. Because of the (Ms. FOXX asked and was given per- The SPEAKER pro tempore laid be- FDA’s intransigence, our patients have mission to address the House for 1 fore the House the following message nowhere to go. minute and to revise and extend her re- from the President of the United I don’t know why the FDA has not marks.) States; which was read and, together acted. I’ve asked them. They won’t tell Ms. FOXX. As the Nation sits be- with the accompanying papers, referred me. There is a simple solution: neath 41 straight months of unemploy- to the Committee on Foreign Affairs The Environmental Protection Agen- ment above 8 percent, it remains pain- and ordered to be printed: cy has within its authority the ability fully clear that the President’s policies to waive the ban on the over-the- have failed and have made our econ- To the Congress of the United States: counter inhaler, allowing existing omy worse. ‘‘Painful’’ is, indeed, the Section 202(d) of the National Emer- stock to be sold. Yet, despite multiple operative word. gencies Act (50 U.S.C. 1622(d)) provides letters to the EPA and to President As we slog through the worst unem- for the automatic termination of a na- Obama and despite questions during ployment crisis since the Great Depres- tional emergency unless, within 90 committee hearings, they remain unre- sion, Americans continue to ask, days prior to the anniversary date of sponsive. ‘‘Where are the jobs?’’ its declaration, the President publishes Why has the EPA not approved the More than 23 million of our fellow in the Federal Register and transmits to waiver? Again, you’ll have to ask Americans are unemployed. Almost the Congress a notice stating that the them. They are not telling me. 500,000 net jobs have evaporated since emergency is to continue in effect be- The minuscule number of the President’s so-called ‘‘stimulus’’ yond the anniversary date. In accord- chlorofluorocarbons that exists in the was enacted, and entrepreneurship— ance with this provision, I have sent over-the-counter inhaler will have neg- that cornerstone of the American the enclosed notice to the Federal Reg- ligible affects on our ozone layer, espe- Dream—has reached a 17-year low. This ister for publication stating that the cially considering the limited supply is President Obama’s record, and these national emergency and related meas- left. facts do not lie. ures dealing with the former Liberian The EPA should be on the side of the House Republicans have a plan for regime of Charles Taylor are to con- patients. Lisa Jackson and President America’s job creators to help get our tinue in effect beyond July 22, 2012. Obama need to stop this senseless war Nation back to work. Dozens of bipar- Although Liberia has made advances on asthmatics. tisan bills have passed the House and to promote democracy, and the Special f are sitting on HARRY REID’s doorstep. Court for Sierra Leone recently con- It is time he and the Democratic-convicted Charles Taylor for war crimes IN HONOR OF STAFF SERGEANT trolled Senate put the American people and crimes against humanity, the ac- RICARDO SEIJA, AN AMERICAN before politics and pass these bills. tions and policies of former Liberian HERO f President Charles Taylor and other (Ms. CASTOR of Florida asked and persons, in particular their unlawful was given permission to address the IN REMEMBRANCE OF DR. ANNA depletion of Liberian resources and House for 1 minute and to revise and SCHWARTZ their removal from Liberia and secret- extend her remarks.) (Mr. BRADY of Texas asked and was ing of Liberian funds and property, Ms. CASTOR of Florida. Mr. Speaker, given permission to address the House could still challenge Liberia’s efforts I rise today to honor an American hero for 1 minute and to revise and extend to strengthen its democracy and the who is being laid to rest back home in his remarks.) orderly development of its political, Tampa, Florida, today. Staff Sergeant Mr. BRADY of Texas. Last month, administrative, and economic institu- Ricardo Seija was killed on Sunday, the United States lost one of its most tions and resources. These actions and July 8, when his armored vehicle preeminent economic minds. policies continue to pose an unusual

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A September 13 attack on the United priate committees of Congress— emergency with respect to the former States Embassy compound in Kabul involved an (A) a detailed report on whether the Haqqani Liberian regime of Charles Taylor. assault that sparked a 20-hour-long gun battle Network meets the criteria for designation as a BARACK OBAMA. and left 16 Afghans dead, 5 police officers and foreign terrorist organization as set forth in sec- THE WHITE HOUSE, July 17, 2012. at least 6 children among them. tion 219 of the Immigration and Nationality Act (3) The report further states that ‘‘U.S. and (8 U.S.C. 1189); and f Afghan officials concluded the Embassy (B) if the Secretary determines that the RECESS attackers were members of the Haqqani net- Haqqani Network does not meet the criteria set work’’. forth under such section 219, a detailed jus- The SPEAKER pro tempore. Pursu- (4) In September 22, 2011, testimony before the tification as to which criteria have not been ant to clause 12(a) of rule I, the Chair Committee on Armed Services of the Senate, met. declares the House in recess subject to Chairman of the Joint Chiefs of Staff Admiral (2) FORM.—The report required by paragraph the call of the Chair. Mullen stated that ‘‘[t]he Haqqani network, for (1) shall be submitted in unclassified form, but Accordingly (at 2 o’clock and 12 min- one, acts as a veritable arm of Pakistan’s Inter- may include a classified annex. utes p.m.), the House stood in recess. Services Intelligence agency. With ISI support, (3) APPROPRIATE COMMITTEES OF CONGRESS Haqqani operatives plan and conducted that DEFINED.—In this subsection, the term ‘‘appro- f [September 13] truck bomb attack, as well as the priate committees of Congress’’ means— assault on our embassy. We also have credible (A) the Committee on Armed Services, the b 1700 evidence they were behind the June 28th attack Committee on Foreign Relations, the Committee AFTER RECESS on the Intercontinental Hotel in Kabul and a on the Judiciary, and the Select Committee on host of other smaller but effective operations’’. Intelligence of the Senate; and The recess having expired, the House (5) In October 27, 2011, testimony before the (B) the Committee on Armed Services, the was called to order by the Speaker pro Committee on Foreign Affairs of the House of Committee on Foreign Affairs, the Committee on tempore (Mr. WOMACK) at 5 p.m. Representatives, Secretary of State Hillary Clin- the Judiciary, and the Permanent Select Com- ton stated that ‘‘we are taking action to target mittee on Intelligence of the House of Represent- f the Haqqani leadership on both sides of the bor- atives. ANNOUNCEMENT BY THE SPEAKER der. We’re increasing international efforts to (d) CONSTRUCTION.—Nothing in this Act may PRO TEMPORE squeeze them operationally and financially. We be construed to infringe upon the sovereignty of are already working with the Pakistanis to tar- Pakistan to combat militant or terrorist groups The SPEAKER pro tempore. Pursu- get those who are behind a lot of the attacks operating inside the boundaries of Pakistan. ant to clause 8 of rule XX, the Chair against Afghans and Americans. And I made it The SPEAKER pro tempore. Pursu- will postpone further proceedings very clear to the Pakistanis that the attack on ant to the rule, the gentleman from Ar- our embassy was an outrage and the attack on today on motions to suspend the rules kansas (Mr. GRIFFIN) and the gen- on which a recorded vote or the yeas our forward operating base that injured 77 of our soldiers was a similar outrage.’’. tleman from Florida (Mr. DEUTCH) each and nays are ordered, or on which the (6) At the same hearing, Secretary of State will control 20 minutes. vote incurs objection under clause 6 of Clinton further stated that ‘‘I think everyone The Chair recognizes the gentleman rule XX. agrees that the Haqqani Network has safe ha- from Arkansas. Record votes on postponed questions vens inside Pakistan; that those safe havens GENERAL LEAVE will be taken later. give them a place to plan and direct operations Mr. GRIFFIN of Arkansas. Mr. that kill Afghans and Americans.’’. f (7) On November 1, 2011, the United States Speaker, I ask unanimous consent that Government added Haji Mali Kahn to a list of all Members may have 5 legislative HAQQANI NETWORK TERRORIST days within which to revise and extend DESIGNATION ACT OF 2012 specially designated global terrorists under Ex- ecutive Order 13224. The Department of State their remarks and include extraneous Mr. GRIFFIN of Arkansas. Mr. described Khan as ‘‘a Haqqani Network com- materials on S. 1959, as amended, cur- Speaker, I move to suspend the rules mander’’ who has ‘‘overseen hundreds of fight- rently under consideration. and pass the bill (S. 1959) to require a ers, and has instructed his subordinates to con- The SPEAKER pro tempore. Is there report on the designation of the duct terrorist acts.’’ The designation continued, objection to the request of the gen- Haqqani Network as a foreign terrorist ‘‘Mali Khan has provided support and logistics tleman from Arkansas? to the Haqqani Network, and has been involved organization and for other purposes, as in the planning and execution of attacks in Af- There was no objection. amended. ghanistan against civilians, coalition forces, Mr. GRIFFIN of Arkansas. Mr. The Clerk read the title of the bill. and Afghan police’’. According to Jason Speaker, I yield myself such time as I The text of the amendment is as fol- Blazakis, the chief of the Terrorist Designations my consume. lows: Unit of the Department of State, Khan also has I thank my Senate colleague, Mr. Amendment: links to al-Qaeda. BURR of North Carolina, and chairman (8) Five other top Haqqani Network leaders Strike out all after the enacting clause and of the House Intelligence Committee, have been placed on the list of specially des- insert: Mr. ROGERS of Michigan, for their work ignated global terrorists under Executive Order SECTION 1. SHORT TITLE. 13224 since 2008, and three of them have been so on this issue. This Act may be cited as the ‘‘Haqqani Net- placed in the last year. Sirajuddin Haqqani, the This bill directs the Secretary of work Terrorist Designation Act of 2012’’. overall leader of the Haqqani Network as well as State to submit a report to Congress SEC. 2. REPORT ON DESIGNATION OF THE the leader of the Taliban’s Mira shah Regional detailing whether the Haqqani Net- HAQQANI NETWORK AS A FOREIGN Military Shura, was designated by the Secretary work meets the criteria for designation TERRORIST ORGANIZATION. of State as a terrorist in March 2008, and in as a foreign terrorist organization ac- (a) FINDINGS.—Congress makes the following March 2009, the Secretary of State put out a cording to current Federal law. If the findings: bounty of $5,000,000 for information leading to (1) A report of the Congressional Research Secretary determines that the Haqqani his capture. The other four individuals so des- Network does not meet the criteria, Service on relations between the United States ignated are Nasiruddin Haqqani, Khalil al and Pakistan states that ‘‘[t]he terrorist net- Rahman Haqqani, Badruddin Haqqani, and the Secretary shall provide a detailed work led by Jalaluddin Haqqani and his son Mullah Sangeen Zadran. justification as to which criteria have Sirajuddin, based in the FATA, is commonly (b) SENSE OF CONGRESS.—It is the sense of not been met. The bill also provides a identified as the most dangerous of Afghan in- Congress that— sense of Congress that the Secretary of surgent groups battling U.S.-led forces in east- (1) the Haqqani Network meets the criteria for State should designate the network as ern Afghanistan’’. designation as a foreign terrorist organization (2) The report further states that, in mid-2011, a foreign terrorist organization. as set forth in section 219 of the Immigration The Haqqani Network is an insurgent the Haqqanis undertook several high-visibility and Nationality Act (8 U.S.C. 1189); and attacks in Afghanistan. First, a late June as- (2) the Secretary of State should so designate group fighting against U.S.-led NATO sault on the Intercontinental Hotel in Kabul by the Haqqani Network as a foreign terrorist orga- forces and the Government of Afghani- 8 Haqqani gunmen and suicide bombers left 18 nization under such section 219. stan. Maulvi Jalaluddin Haqqani and

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11436 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 his son lead the network, which is now carefully limited bill, and, as I noted Despite its name, this bill does not based in Pakistan but operates on both earlier, similar legislation was passed require the U.S. Department of State sides of the Afghanistan-Pakistan bor- by the Senate without opposition. to formally designate the Haqqani Net- der. I urge my colleagues to support this work as a terrorist organization. Rath- For about 2 years, the Pakistani Gov- bipartisan, bicameral legislation, and I er, it imposes a one-time reporting re- ernment has sought to facilitate a reserve the balance of my time. quirement on the State Department to compromise between the Haqqani Net- HOUSE OF REPRESENTATIVES, explain whether the Haqqani Network work and the Government of Afghani- COMMITTEE ON FOREIGN AFFAIRS, meets the statutory requirements for stan. However, the network has close Washington, DC, July 16, 2012. that designation. More importantly, links with al Qaeda and is believed to Hon. LAMAR SMITH, the bill preserves the authority of the provide al Qaeda operatives with safe Chairman, Committee on the Judiciary, State Department to make this deter- haven in Haqqani-controlled areas. The Washington, DC. mination without congressional inter- DEAR MR. CHAIRMAN: I am writing con- Pakistani Government is believed to be ference. cerning S. 1959, the ‘‘Haqqani Network Ter- Let’s be clear: the Haqqani Network the only entity with the influence to rorist Designation Act of 2012,’’ which is bring the Haqqani Network to the ne- scheduled to be considered by the House this is a dangerous organization and sworn gotiating table. week. enemy of the United States. From its The Obama administration has been As you know, pursuant to House Rule X, base along the Afghanistan-Pakistan considering formally designating the the Committee on Foreign Affairs maintains border, the network of insurgents led Haqqani Network as a foreign terrorist jurisdiction over matters concerning foreign by Jalaluddin Haqqani and his family relations, the U.S. diplomatic service, and has, for years, fought U.S. and allied organization under U.S. law, but has the protection of Americans abroad. The Of- yet to act. Seven Haqqani leaders have forces in eastern Afghanistan. The fice of the Parliamentarian has indicated Haqqanis are responsible for several been under U.S. sanctions since 2008; that S. 1959, which concerns the Secretary of and in 2011, Secretary Clinton des- State’s designation of the Pakistan-based high-profile acts of terror—including ignated operational commander Haqqani Network as a Foreign Terrorist Or- an attack on the United States Em- Badruddin Haqqani under Executive ganization under U.S. law, implicates For- bassy on September 13, 2011, that left 16 Order 13224, thereby blocking move- eign Affairs jurisdiction. Afghans dead. ment of his assets, but not those of the In order to expedite Floor consideration of One tool—one tool out of many—for this bill, the Foreign Affairs Committee will umbrella Haqqani Network. fighting an organization like the forego consideration of this measure. This is Haqqani Network is to designate the Since 2008, several attacks have been being done with the understanding that it linked or attributed to the Haqqani group a terrorist organization under does not in any way prejudice the Committee section 219 of the Immigration and Na- Network. In addition to kidnappings of with respect to the appointment of con- journalists and bombings of hotels and ferees, or its jurisdictional prerogatives on tionality Act. Once a group receives embassies, the Haqqani Network is this or similar legislation in the future. that formal designation, the full blamed for the attacks on the U.S. Em- I would appreciate your response to this weight of the Federal Government is bassy and nearby NATO bases in Kabul letter, confirming this understanding with brought to bear, including criminal respect to S. 1959, and ask that a copy of our penalties for the provision of material in September 2011. U.S. Ambassador exchange of letters on this matter be in- support to the organization, restric- Ryan Crocker blamed the Haqqani Net- cluded in the Congressional Record during tions on travel, and seizure of assets. work for the 19-hour Kabul attack Floor consideration of the bill. Designating an organization a terrorist which killed four police officers, three Sincerely, organization is often an appropriate coalition soldiers, and four civilians. ILEANA ROS-LEHTINEN tool when the circumstances are unam- Two dozen more soldiers and civilians Chairman. biguous. were injured. But the circumstances in eastern Af- The Obama administration insists on HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, ghanistan and northwest Pakistan are negotiating with the Haqqani Network Washington, DC, July 16, 2012. anything but unambiguous. The United despite unsuccessful attempts in the Hon. ILEANA ROS-LEHTINEN, States is engaged in delicate negotia- past. Secretary Clinton has indicated Chairman, Committee on Foreign Affairs, tions with the Government of Pakistan that these negotiations may be nec- Washington, DC. as it prepares to draw down troops and DEAR CHAIRMAN ROS-LEHTINEN: Thank you essary again in order to establish sus- end the war in Afghanistan. In just the tainable peace in Afghanistan. How- for your letter of even date herewith regarding S. 1959, the ‘‘Haqqani Network Terrorist last few weeks, our diplomatic corps ever, the Haqqani Network has been has achieved the monumental task of permitted to evade designation as a Designation Act of 2012,’’ which was referred to the Committee on the Judiciary on De- reopening our lines of communication foreign terrorist organization. Con- cember 19, 2011. with the Pakistani Government. It gress’ frustration with the Obama ad- It is my understanding that the Committee may be that, in this context, there is a ministration’s overdue review of the on Foreign Affairs would receive a sequen- diplomatic or strategic benefit to hold- Haqqani Network is clearly evidenced tial referral on S. 1959 if it were to seek one. ing back on the formal designation of by this legislation. I am, therefore, most appreciative of your the Haqqani Network as a terrorist or- According to U.S. military com- decision to forego consideration of the bill so that it may move expeditiously to the House ganization—perhaps just for the time manders, the Haqqani Network is high- being. ly resilient and is one of the biggest floor. I acknowledge that although you are waiving formal consideration of the bill, the The State Department has already threats to the U.S.-led NATO forces Committee on Foreign Affairs is in no way designated several individuals in the and the Afghan Government in the cur- waiving its jurisdiction over the subject Haqqani Network as terrorists. If rent war in Afghanistan. This straight- matter contained in the bill. In addition, if a there’s a reason that Secretary of forward legislation simply directs the conference is necessary on this legislation, I State Clinton has not yet formally des- Secretary of State to analyze whether will support any request that your com- ignated the entire network, then we the Haqqani Network meets the stand- mittee be represented therein. ought to defer to her judgment. ards for designation as a foreign ter- Finally, I shall be pleased to include your letter and this reply letter memorializing Still, a modest reporting requirement rorist organization under Federal law our mutual understanding in the Congres- as to some of the legal reasoning be- and report those findings back to Con- sional Record during floor consideration of hind that decision is a fair request. gress. It also expresses the sense of S. 1959. Even if the Haqqani Network meets the Congress that the Haqqani Network Sincerely, statutory criteria for designation as a should be designated as a foreign ter- LAMAR SMITH, foreign terrorist organization—even if rorist network. The bill does not, how- Chairman. that tool is available to us—Secretary ever, require that the President des- Mr. DEUTCH. Mr. Speaker, I rise in Clinton will make that decision when ignate the Haqqani Network as a for- cautious support of S. 1959, the Haqqani she determines that it is useful and ap- eign terrorist organization. This is a Network Terrorist Designation Act. propriate to do so.

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Report on country exemptions for rules and pass the bill, S. 1959, as ice. licensing of exports of muni- amended. Sec. 303. Limited appointments in the For- tions and related technical eign Service. data. The question was taken; and (two- Sec. 528. End-use monitoring of munitions. thirds being in the affirmative) the Sec. 304. Limitation of compensatory time off for travel. Sec. 529. Definitions. rules were suspended and the bill, as Sec. 305. Department of State organization. SEC. 3. APPROPRIATE CONGRESSIONAL COMMIT- TEES DEFINED. amended, was passed. Sec. 306. Reemployment of annuitants in Except as otherwise provided in this Act, A motion to reconsider was laid on high-risk posts. the term ‘‘appropriate congressional com- the table. Sec. 307. Overseas comparability pay limita- mittees’’ means the Committee on Foreign tion. f Affairs of the House of Representatives and b 1710 TITLE IV—UNITED STATES the Committee on Foreign Relations of the INTERNATIONAL BROADCASTING Senate. FOREIGN RELATIONS AUTHORIZA- Sec. 401. Authorization of appropriations for TITLE I—AUTHORIZATION OF TION ACT, FISCAL YEAR 2013 international broadcasting. APPROPRIATIONS Ms. ROS-LEHTINEN. Mr. Speaker, I Sec. 402. Personal services contracting pro- SEC. 101. ADMINISTRATION OF FOREIGN AF- move to suspend the rules and pass the gram. FAIRS. bill (H.R. 6018) to authorize appropria- Sec. 403. Technical amendment relating to The following amounts are authorized to civil immunity for Broad- tions for the Department of State for be appropriated for the Department of State casting Board of Governors under ‘‘Administration of Foreign Affairs’’ fiscal year 2013, and for other purposes, members. to carry out the authorities, functions, du- as amended. TITLE V—ARMS EXPORT CONTROL ACT ties, and responsibilities in the conduct of The Clerk read the title of the bill. AMENDMENTS AND RELATED PROVI- foreign affairs of the United States, and for The text of the bill is as follows: SIONS other purposes authorized by law: (1) DIPLOMATIC AND CONSULAR PROGRAMS.— H.R. 6018 Subtitle A—General Provisions For ‘‘Diplomatic and Consular Programs’’, Be it enacted by the Senate and House of Rep- Sec. 501. Authority to transfer excess de- $8,983,778,000 for fiscal year 2013. resentatives of the United States of America in fense articles. (A) WORLDWIDE SECURITY PROTECTION.—Of Congress assembled, Sec. 502. Annual military assistance report. such amounts, not less than $1,591,201,000 is SECTION 1. SHORT TITLE. Sec. 503. Annual report on foreign military authorized to be appropriated for worldwide This Act may be cited as the ‘‘Foreign Re- training. security protection. lations Authorization Act, Fiscal Year 2013’’. Sec. 504. Increase in congressional notifica- (B) BUREAU OF DEMOCRACY, HUMAN RIGHTS, SEC. 2. TABLE OF CONTENTS. tion thresholds. AND LABOR.—Of such amounts, not less than The table of contents for this Act is as fol- Sec. 505. Return of defense articles. $24,147,000 for fiscal year 2013 is authorized to lows: Sec. 506. Annual estimate and justification be appropriated for the Bureau of Democ- Sec. 1. Short title. for sales program. racy, Human Rights and Labor. Sec. 2. Table of contents. Sec. 507. Updating and conforming penalties (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap- Sec. 3. Appropriate congressional commit- for violations of sections 38 and ital Investment Fund’’, $59,380,000 for fiscal tees defined. 39 of the Arms Export Control year 2013. Act. (3) EMBASSY SECURITY, CONSTRUCTION AND TITLE I—AUTHORIZATION OF MAINTENANCE.—For ‘‘Embassy Security, Con- APPROPRIATIONS Sec. 508. Clarification of prohibitions relating to state sponsors of ter- struction and Maintenance’’, $1,570,000,000 for Sec. 101. Administration of foreign affairs. rorism and their nationals. fiscal year 2013. Sec. 102. Contributions to International Or- Sec. 509. Exemption for transactions with (4) EDUCATIONAL AND CULTURAL EXCHANGE ganizations. countries supporting acts of PROGRAMS.—For ‘‘Educational and Cultural Sec. 103. Contributions for International international terrorism. Exchange Programs’’, $598,800,000 for fiscal Peacekeeping Activities. Sec. 510. Report on Foreign Military Financ- year 2013. Sec. 104. International Commissions. ing program. (5) CONFLICT STABILIZATION OPERATIONS.— Sec. 105. Peace Corps. Sec. 511. Congressional notification of regu- (A) IN GENERAL.—For ‘‘Conflict Stabiliza- Sec. 106. National Endowment for Democ- lations and amendments to reg- tion Operations’’, $8,500,000 for fiscal year racy. ulations under section 38 of the 2013. TITLE II—DEPARTMENT OF STATE Arms Export Control Act. (B) TRANSFER.—Subject to subparagraph AUTHORITIES AND ACTIVITIES Sec. 512. Diplomatic efforts to strengthen (C) of this paragraph, of the amount author- Subtitle A—Basic Authorities and Activities national and international ized to be appropriated pursuant to paragraph (1), up to $35,000,000 is authorized to be Sec. 201. International Litigation Fund. arms export controls. transferred to, and merged with, the amount Sec. 202. Actuarial valuations. Sec. 513. Review and report of investigations specified in subparagraph (A) of this para- Sec. 203. Special agents. of violations of section 3 of the graph. Sec. 204. Diplomatic security program con- Arms Export Control Act. (C) NOTIFICATION.—If the Secretary of tracting. Sec. 514. Reports on commercial and govern- State exercises the transfer authority de- Sec. 205. Accountability review boards. mental military exports under scribed in subparagraph (B), the Secretary Sec. 206. Physical security of certain soft the Arms Export Control Act; shall notify the Committee on Foreign Af- targets. congressional actions. fairs and the Committee on Appropriations Sec. 207. Rewards program update and tech- Subtitle B—Miscellaneous Provisions of the House of Representatives and the nical corrections. Sec. 521. Treatment of militarily insignifi- Committee on Foreign Relations and the Sec. 208. Cybersecurity efforts of the Depart- cant parts and components. Committee on Appropriations of the Senate. ment of State. Sec. 522. Special export licensing for United (6) REPRESENTATION ALLOWANCES.—For Sec. 209. Center for Strategic Counterterror- States allies. ‘‘Representation Allowances’’, $7,300,000 for ism Communications of the De- Sec. 523. Improving and streamlining licens- fiscal year 2013. partment of State. ing under United States Gov- (7) PROTECTION OF FOREIGN MISSIONS AND Subtitle B—Consular Services and Related ernment arms export control OFFICIALS.—For ‘‘Protection of Foreign Mis- Matters programs. sions and Officials’’, $27,000,000 for fiscal year Sec. 211. Extension of authority to assess Sec. 524. Authority to remove satellites and 2013. passport surcharge. related components from the (8) EMERGENCIES IN THE DIPLOMATIC AND Sec. 212. Border crossing card fee for minors. United States Munitions List. CONSULAR SERVICE.—For ‘‘Emergencies in the

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Diplomatic and Consular Service’’, $9,300,000 (5) BORDER ENVIRONMENT COOPERATION COM- authority of any other Federal department for fiscal year 2013. MISSION.—For ‘‘Border Environment Co- or agency. (9) REPATRIATION LOANS.—For ‘‘Repatri- operation Commission’’, $2,396,000 for fiscal SEC. 204. DIPLOMATIC SECURITY PROGRAM CON- ation Loans’’, $1,447,000 for fiscal year 2013. year 2013. TRACTING. (10) PAYMENT TO THE AMERICAN INSTITUTE IN SEC. 105. PEACE CORPS. Section 136 of the Foreign Relations Au- TAIWAN.— There are authorized to be appropriated for thorization Act, Fiscal Years 1990 and 1991 (A) IN GENERAL.—For ‘‘Payment to the the Peace Corps $375,000,000 for fiscal year (22 U.S.C. 4864) is amended— American Institute in Taiwan’’, $21,108,000 2013, of which not less than $5,150,000 is au- (1) in subsection (c)— for fiscal year 2013. thorized to be appropriated for the Office of (A) in the matter preceding paragraph (1), (B) TRANSFER.—Subject to subparagraph the Inspector General of the Peace Corps. by striking ‘‘With respect’’ and inserting (C) of this paragraph, of the amount author- SEC. 106. NATIONAL ENDOWMENT FOR DEMOC- ‘‘Except as provided in subsection (d), with ized to be appropriated pursuant to para- RACY. respect’’; and graph (1), up to $15,300,000 is authorized to be There are authorized to be appropriated for (B) in paragraph (3), by striking ‘‘sub- transferred to, and merged with, the amount the ‘‘National Endowment for Democracy’’ section (d)’’ and inserting ‘‘subsection (e)’’; specified in subparagraph (A) of this para- for authorized activities $122,764,000 for fiscal (2) by redesignating subsections (d), (e), (f), graph. year 2013. and (g) as subsections (e), (f), (g), and (h), re- (C) NOTIFICATION.—If the Secretary of spectively; State exercises the transfer authority de- TITLE II—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES (3) by inserting after subsection (c) the fol- scribed in subparagraph (B), the Secretary lowing new subsection: shall notify the Committee on Foreign Af- Subtitle A—Basic Authorities and Activities ‘‘(d) AWARD OF LOCAL GUARD AND PROTEC- fairs and the Committee on Appropriations SEC. 201. INTERNATIONAL LITIGATION FUND. TIVE SERVICE CONTRACTS IN HIGH RISK of the House of Representatives and the Paragraph (3) of section 38(d) of the State AREAS.—With respect to local guard con- Committee on Foreign Relations and the Department Basic Authorities Act of 1956 (22 tracts for Foreign Service buildings located Committee on Appropriations of the Senate. U.S.C. 2710(d)) is amended by striking ‘‘by in high risk areas which exceed $250,000, the (11) OFFICE OF THE INSPECTOR GENERAL.— the Department of State from another agen- Secretary of State shall— For ‘‘Office of the Inspector General’’, cy of the United States Government or pur- ‘‘(1) comply with paragraphs (1), (2), (4), (5), $129,086,000 for fiscal year 2013, including for suant to’’ and inserting ‘‘by the Department and (6) of subsection (c) in the award of such the Special Inspector General for Iraq Recon- of State as a result of a decision of an inter- contracts; struction and the Special Inspector General national tribunal, from another agency of ‘‘(2) in evaluating proposals for such con- for Afghanistan Reconstruction, notwith- the United States Government, or pursuant tracts, award contracts to the firm rep- standing section 209(a)(1) of the Foreign to’’. resenting the best value to the Government Service Act of 1980 (22 U.S.C. 3929(a)(1)) as SEC. 202. ACTUARIAL VALUATIONS. in accordance with the best value tradeoff such section relates to the inspection of the The Foreign Service Act of 1980 is amend- process described in subpart 15.1 of the Fed- administration of activities and operations ed— eral Acquisition Regulation (48 C.F.R. 15.101– of each Foreign Service post. (1) in section 818 (22 U.S.C. 4058)— 1); and SEC. 102. CONTRIBUTIONS TO INTERNATIONAL (A) in the first sentence, by striking ‘‘Sec- ‘‘(3) ensure that in all contracts awarded ORGANIZATIONS. retary of the Treasury’’ and inserting ‘‘Sec- under this subsection, contractor personnel There are authorized to be appropriated for retary of State’’; and providing local guard or protective services ‘‘Contributions to International Organiza- (B) by amending the second sentence to are classified as— tions’’, $1,551,000,000 for fiscal year 2013, for read as follows: ‘‘The Secretary of State is ‘‘(A) employees of the offeror; the Department of State to carry out the au- authorized to expend from money to the ‘‘(B) if the offeror is a joint venture, as the thorities, functions, duties, and responsibil- credit of the Fund such sums as may be nec- employees of one of the persons or parties ities in the conduct of the foreign affairs of essary to administer the provisions of this constituting the joint venture; or the United States with respect to inter- subchapter, including actuarial advice, but ‘‘(C) as employees of a subcontractor to the national organizations and to carry out only to the extent and in such amounts as offeror, and not as independent contractors other authorities in law consistent with such are provided in advance in appropriations to the offeror or any other entity performing purposes. Acts.’’; under such contracts.’’; and SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL (2) in section 819 (22 U.S.C. 4059), in the (4) in subsection (e), as redesignated by PEACEKEEPING ACTIVITIES. There are authorized to be appropriated for first sentence, by striking ‘‘Secretary of the paragraph (2) of this section— ‘‘Contributions for International Peace- Treasury’’ the second place it appears and (A) in paragraph (3), by striking ‘‘and’’ at keeping Activities’’, $1,828,182,000 for fiscal inserting ‘‘Secretary of State’’; the end; year 2013 for the Department of State to (3) in section 825(b) (22 U.S.C. 4065(b)), by (B) in paragraph (4), by striking the period carry out the authorities, functions, duties, striking ‘‘Secretary of the Treasury’’ and in- at the end and inserting ‘‘; and’’; and and responsibilities of the United States serting ‘‘Secretary of State’’; and (C) by adding at the end the following new with respect to international peacekeeping (4) section 859(c) (22 U.S.C. 4071h(c))— paragraph: activities and to carry out other authorities (A) by striking ‘‘Secretary of the Treas- ‘‘(5) the term ‘high risk areas’ means— in law consistent with such purposes. ury’’ and inserting ‘‘Secretary of State’’; and ‘‘(A) an area subject to a contingency oper- SEC. 104. INTERNATIONAL COMMISSIONS. (B) by striking ‘‘and shall advise the Sec- ation as defined in section 101(a)(13) of title The following amounts are authorized to retary of State of’’ and inserting ‘‘that will 10, United States Code; or be appropriated under ‘‘International Com- provide’’. ‘‘(B) an area determined by the Assistant missions’’ for the Department of State to SEC. 203. SPECIAL AGENTS. Secretary of Diplomatic Security to present carry out the authorities, functions, duties, (a) IN GENERAL.—Paragraph (1) of section an increased threat of serious damage or and responsibilities in the conduct of the for- 37(a) of the State Department Basic Authori- harm to United States diplomatic facilities eign affairs of the United States and for ties Act of 1956 (22 U.S.C. 2709(a)) is amended or personnel.’’. other purposes authorized by law: to read as follows: SEC. 205. ACCOUNTABILITY REVIEW BOARDS. (1) INTERNATIONAL BOUNDARY AND WATER ‘‘(1) conduct investigations concerning— Paragraph (3) of section 301(a) of the Omni- COMMISSION, UNITED STATES AND MEXICO.—For ‘‘(A) illegal passport or visa issuance or bus Diplomatic Security and Antiterrorism ‘‘International Boundary and Water Commis- use; Act of 1986 (22 U.S.C. 4831(a)) is amended— sion, United States and Mexico’’— ‘‘(B) identity theft or document fraud af- (1) by striking the heading and inserting (A) for ‘‘Salaries and Expenses’’, $44,722,000 fecting or relating to the programs, func- ‘‘FACILITIES IN HIGH-RISK AREAS’’; and for fiscal year 2013; and tions, and authorities of the Department of (2) in subparagraph (A)— (B) for ‘‘Construction’’, $31,453,000 for fiscal State; and (A) by amending clause (i) to read as fol- year 2013. ‘‘(C) Federal offenses committed within lows: (2) INTERNATIONAL BOUNDARY COMMISSION, the special maritime and territorial jurisdic- ‘‘(i) involves serious injury, loss of life, or UNITED STATES AND CANADA.—For ‘‘Inter- tion of the United States as defined in para- significant destruction of property at, or re- national Boundary Commission, United graph (9) of section 7 of title 18, United lated to, a United States Government mis- States and Canada’’, $2,279,000 for fiscal year States Code, except as that jurisdiction re- sion in an area subject to a contingency op- 2013. lates to the premises of United States mili- eration (as defined in section 101(a)(13) of (3) INTERNATIONAL JOINT COMMISSION.—For tary missions and related residences;’’. title 10, United States Code), or in an area ‘‘International Joint Commission’’, $7,012,000 (b) RULE OF CONSTRUCTION.—Nothing in previously determined by the Assistant Sec- for fiscal year 2013. paragraph (1) of section 37(a) the State De- retary of State for Diplomatic Security to (4) INTERNATIONAL FISHERIES COMMIS- partment Basic Authorities Act of 1956 (as present an increased threat of serious dam- SIONS.—For ‘‘International Fisheries Com- amended by subsection (a) of this section) age or harm to United States diplomatic fa- missions’’, $36,300,000 for fiscal year 2013. shall be construed to limit the investigative cilities or personnel; and’’; and

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11439 (B) in clause (ii), by striking ‘‘2009’’ and indirectly or indirectly, a financial or other the United States Government to enhance serting ‘‘2015’’. material benefit. cybersecurity globally. SEC. 206. PHYSICAL SECURITY OF CERTAIN SOFT ‘‘(6) TRANSNATIONAL ORGANIZED CRIME (3) ADDITIONAL DUTIES.—In addition to the TARGETS. GROUP.—The term ‘transnational organized duties described in paragraph (2), the Coordi- Section 29 of the State Department Basic crime group’ means a group of persons that nator should— Authorities Act of 1956 (22 U.S.C. 2701) is includes one or more citizens of a foreign (A) provide strategic direction and coordi- amended, in the third sentence, by inserting country, exists for a period of time, and acts nation for Department of State policy and ‘‘physical security enhancements and’’ after in concert with the aim of engaging in programs aimed at addressing and respond- ‘‘may include’’. transnational organized crime.’’. ing to cyberspace and cybersecurity issues SEC. 207. REWARDS PROGRAM UPDATE AND (b) ADVANCE NOTIFICATION FOR INTER- overseas; TECHNICAL CORRECTIONS. NATIONAL CRIMINAL TRIBUNAL REWARDS.— (B) work with relevant Federal depart- (a) ENHANCED AUTHORITY.—Section 36 of Section 36(g) of the State Department Basic ments and agencies, including the Depart- the State Department Basic Authorities Act Authorities Act of 1956 (22 U.S.C. 2708(g)) is ment of Homeland Security, the Department of 1956 (22 U.S.C. 2708) is amended— amended by adding at the end the following of Defense, the Department of the Treasury, (1) in subsection (a)(2), by inserting ‘‘seri- new paragraph: the Department of Justice, the Department ous violations of international humanitarian ‘‘(3) ADVANCE NOTIFICATION FOR INTER- of Commerce, and the intelligence commu- law, transnational organized crime,’’ after NATIONAL CRIMINAL TRIBUNAL REWARDS.—Not nity, in the development of interagency ‘‘international narcotics trafficking,’’; less than 15 days before publicly announcing plans regarding international cyberspace and (2) in subsection (b)— that a reward may be offered for the arrest cybersecurity issues; (A) in the matter preceding paragraph (1), or conviction in any country, or the transfer (C) conduct internal exercises for the De- by striking ‘‘Attorney General’’ and insert- to or conviction by an international criminal partment of State to plan for responses to a ing ‘‘heads of other relevant departments or tribunal (including a hybrid or mixed tri- cyber attack; agencies’’; bunal), of a foreign national accused of war (D) consult, where appropriate, with the (B) in paragraphs (4) and (5), by striking crimes, crimes against humanity, or geno- private sector on international cyberspace ‘‘paragraph (1), (2), or (3)’’ each place it ap- cide (as defined under the statute of such tri- and cybersecurity issues; and pears and inserting ‘‘paragraph (1), (2), (3), bunal), the Secretary shall submit to the ap- (E) build multilateral cooperation to de- (8), or (9)’’; propriate congressional committees a report, velop international norms, common policies, (C) in paragraph (6)— which may be submitted in classified form if and responses to secure the integrity of (i) by inserting ‘‘or transnational orga- necessary, specifying the reasons why such cyberspace. nized crime group’’ after ‘‘terrorist organiza- arrest or conviction or transfer of such for- (4) RANK AND STATUS OF AMBASSADOR.—The tion’’; and eign national is in the national interests of Coordinator should have the rank and status (ii) by striking ‘‘or’’ at the end; the United States.’’. of Ambassador-at-Large. (D) in paragraph (7)— (c) ENHANCING PUBLICITY OF REWARDS IN- (b) REPORT.—Not later than 180 days after (i) in the matter preceding subparagraph FORMATION.—The Department of State and the date of the enactment of this Act, the (A), by striking ‘‘, including the use by the the Broadcasting Board of Governors shall Secretary of State shall submit to the Com- organization of illicit narcotics production make themselves available to the appro- mittee on Foreign Affairs of the House of or international narcotics trafficking’’ and priate congressional committees for periodic Representatives and Committee on Foreign inserting ‘‘or transnational organized crime briefings on their cooperative efforts to pub- Relations of the Senate a report that in- group, including the use by such organiza- licize rewards authorized under section 36 of cludes the following: tion or group of illicit narcotics production the State Department Basic Authorities Act (1) A description of the Department of or international narcotics trafficking’’; of 1956 (22 U.S.C. 2708). State’s internal cybersecurity efforts, in- (ii) in subparagraph (A), by inserting ‘‘or (d) TECHNICAL CORRECTION.—Section cluding the following: transnational organized crime’’ after ‘‘inter- 36(e)(1) of the State Department Basic Au- (A) A description of the nature and scope national terrorism’’; and thorities Act of 1956 (22 U.S.C. 2708) is amend- of major incidents of cybercrime against the (iii) in subparagraph (B)— ed by striking ‘‘The Secretary shall author- Department of State. (I) by inserting ‘‘or transnational orga- ize a reward of $50,000,000 for the capture or (B) A description of action taken to ensure nized crime group’’ after ‘‘terrorist organiza- death or information leading to the capture that all individuals trained by the Depart- tion’’; and or death of Osama bin Laden.’’. ment of State are adequately prepared to de- (II) by striking the period at the end and (e) RULE OF CONSTRUCTION.—Nothing in tect and respond to existing and foreseeable inserting a semicolon; and this section shall be construed as author- vulnerabilities in the Department’s informa- (E) by adding at the end the following new izing the use of activity precluded under the tion security. paragraphs: American Servicemembers’ Protection Act (C) An assessment of whether the Depart- ‘‘(8) the arrest or conviction in any coun- of 2002 (Public Law 107–206). ment of State’s staffing levels, facilities, fi- try of any individual for participating in, (f) FUNDING.—To carry out this section, the nancial resources, and technological equip- primarily outside the United States, Secretary of State shall use amounts appro- ment are sufficient to provide effective cy- transnational organized crime; priated or otherwise made available to the bersecurity training and protection against ‘‘(9) the arrest or conviction in any coun- Emergencies in the Diplomatic and Consular incidents of cybercrime. try of any individual conspiring to partici- Service account of the Department of State. (D) A description of action taken to de- pate in or attempting to participate in SEC. 208. CYBERSECURITY EFFORTS OF THE DE- velop and implement response plans to miti- transnational organized crime; or PARTMENT OF STATE. gate and isolate disruption caused by inci- ‘‘(10) the arrest or conviction in any coun- (a) COORDINATOR FOR CYBER ISSUES OF THE dents of cybercrime. try, or the transfer to or conviction by an DEPARTMENT OF STATE.— (E) A description of action taken to en- international criminal tribunal (including a (1) IN GENERAL.—The Secretary of State is hance cooperation on cybersecurity issues hybrid or mixed tribunal), of any foreign na- authorized to establish within the office of with other Federal departments and agen- tional accused of war crimes, crimes against the Secretary of State a Coordinator for cies. humanity, or genocide, as defined under the Cyber Issues (in this section referred to as (F) A description of any deployments of statute of such tribunal.’’; and the ‘‘Coordinator’’), who shall be appointed interagency teams from the Department of (3) in subsection (k)— by the President, by and with the advice and State, the United States Agency for Inter- (A) by redesignating paragraphs (5) and (6) consent of the Senate. national Development, and other Federal de- as paragraphs (7) and (8), respectively; and (2) PRINCIPAL DUTIES.—The Coordinator partments and agencies that have been de- (B) by inserting after paragraph (4) the fol- should— ployed to foreign countries to respond to in- lowing new paragraphs: (A) be the principal official within the sen- cidents of cybercrime. ‘‘(5) TRANSNATIONAL ORGANIZED CRIME.— ior management of the Department respon- (2) A description of the actions that the The term ‘transnational organized crime’ sible for cyberspace and cybersecurity issues; Department of State is taking to work with means— (B) be the principal advisor to the Sec- other countries and international organiza- ‘‘(A) racketeering activity (as such term is retary of State on international cyberspace tions to strengthen cooperative efforts to— defined in section 1961 of title 18, United and cybersecurity issues; (A) combat cybercrime and enhance infor- States Code) that involves at least one juris- (C) report directly to the Secretary; mation security; diction outside the United States; or (D) perform such duties and exercise such (B) pressure countries identified as coun- ‘‘(B) any other criminal offense punishable powers as the Secretary shall prescribe; and tries of cybersecurity concern under sub- by a term of imprisonment of at least four (E) coordinate United States cyberspace section (c) to take effective action to end in- years under Federal, State, or local law that and cybersecurity foreign policy in each cidents of cybercrime; and involves at least one jurisdiction outside the country or region that the Secretary con- (C) assist cybersecurity capacity-building United States and that is intended to obtain, siders significant with respect to efforts of in less developed countries.

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(c) LIST OF COUNTRIES OF CYBERSECURITY and policy experts, private sector actors, There is authorized to be established within CONCERN.— international organizations, and other ap- the Department of State, under the direction (1) IN GENERAL.—Not later than 90 days propriate entities. of the Secretary of State, the Center for after the date of the enactment of this Act, (3) COMPONENTS.—The strategy developed Strategic Counterterrorism Communications the Secretary of State shall determine if a under paragraph (1) should include— (in this section referred to as the ‘‘CSCC’’). country is a country of cybersecurity con- (A) assessments and reviews of existing (c) MISSION.—The CSCC may coordinate, cern if the Secretary of State finds that with strategies for international cyberspace and orient, and inform government-wide public respect to such a country— cybersecurity policy and engagement; communications activities directed at audi- (A) during the two-year period preceding (B) short- and long-term objectives for ences abroad and targeted against violent ex- the date of the Secretary of State’s deter- United States cyberspace and cybersecurity tremists and terrorist organizations, espe- mination, there is significant credible evi- engagement; and cially al-Qa’ida and its affiliates and adher- dence that there has been a pattern of inci- (C) a description of programs, activities, ents. dents of cybercrime— and policies to foster United States Govern- (d) COORDINATOR OF THE CENTER FOR STRA- (i) against the United States Government ment collaboration and coordination with TEGIC COUNTERTERRORISM COMMUNICATIONS.— or United States persons, or that disrupt other countries and organizations to bolster The head of the CSCC should be the Coordi- United States electronic commerce or other- an international framework of cyber norms, nator. The Coordinator of the CSCC should— wise negatively impact the trade or intellec- governance, and deterrence, including con- (1) report to the Under Secretary for Pub- tual property interests of the United States; sideration of the utility of negotiating a lic Diplomacy and Public Affairs; and and multilateral framework to provide inter- (2) collaborate with the Bureau of Counter- (ii) that are attributable to persons or nationally acceptable principles to better terrorism of the Department of State, other property based in such country; and mitigate cyberwarfare, including non- Department bureaus, and other United (B) the government of such country has combatants. States Government agencies. demonstrated a pattern of being uncoopera- (e) DEFINITIONS.—In this section: tive with efforts to combat cybercrime by— (1) COMPUTER DATA.—The term ‘‘computer (e) DUTIES.—The CSCC may— (i) failing to conduct its own reasonable data’’ means any representation of facts, in- (1) monitor and evaluate extremist nar- criminal investigations, prosecutions, or formation, or concepts in a form suitable for ratives and events abroad that are relevant other proceedings with respect to the inci- processing in a computer system, including a to the development of a United States stra- dents of cybercrime described in subpara- program suitable to cause a computer sys- tegic Counterterrorism narrative designed to graph (A); tem to perform a function. counter violent extremism and terrorism (ii) failing to cooperate with the United (2) COMPUTER SYSTEMS.—The term ‘‘com- that threaten the interests and national se- States, any other party to the Convention on puter systems’’ means any device or group of curity of the United States; Cybercrime, or INTERPOL, in criminal in- interconnected or related devices, one or (2) develop and promulgate for use vestigations, prosecutions, or other pro- more of which, pursuant to a program, per- throughout the executive branch United ceedings with respect to such incidents, in forms automatic processing of data. States strategic Counterterrorism narrative accordance with chapter III of the Conven- (3) CONVENTION ON CYBERCRIME.—The term developed in accordance with paragraph (1), tion on Cybercrime; or ‘‘Convention on Cybercrime’’ refers to the and public communications strategies to (iii) not adopting or implementing legisla- Council of Europe Convention on counter the messaging of violent extremists tive or other measures in accordance with Cybercrime, done at Budapest on November and terrorist organizations, especially al- chapter II of the Convention on Cybercrime 23, 2001, as ratified by the United States Sen- Qa’ida and its affiliates and adherents; with respect to criminal offenses related to ate with any relevant reservations or dec- (3) identify current and emerging trends in computer systems or computer data. larations. extremist communications and communica- (2) SUBMISSION OF LIST.— (4) CYBERCRIME.—The term ‘‘cybercrime’’ tions by al-Qa’ida and its affiliates and ad- (A) IN GENERAL.—Upon making the deter- refers to criminal offenses relating to com- herents in order to coordinate and provide minations under paragraph (1), the Secretary puter systems or computer data described in guidance to the United States Government of State shall submit to Congress a list of— the Convention on Cybercrime. regarding how best to proactively promote a (i) each country that is a country of cyber- (5) ELECTRONIC COMMERCE.—The term United States strategic counterterrorism security concern; ‘‘electronic commerce’’ has the meaning narrative developed in accordance with para- (ii) the basis for each such determination; given such term in section 1105(3) of the graph (1) and related policies, and to respond and Internet Tax Freedom Act (47 U.S.C. 151 to and rebut extremist messaging and nar- (iii) any actions the Department of State is note). ratives when communicating to audiences taking to address the concerns described in (6) INFORMATION SECURITY.—The term ‘‘in- outside the United States; such paragraph. formation security’’ refers to— (4) facilitate the use of a wide range of (B) FORM.—The Secretary of State may (A) the confidentiality, integrity, or avail- communications technologies by sharing ex- submit the list described in this paragraph ability of an information system, or the in- pertise and best practices among United (or any portion of such list) in classified formation such system processes, stores, or States Government and non-government form if the Secretary determines that such is transmits; and sources; appropriate. (B) the security policies, security proce- (5) identify and request relevant informa- (d) STRATEGY FOR UNITED STATES ENGAGE- dures, or acceptable use policies with respect tion from United States Government agen- MENT ON INTERNATIONAL CYBER ISSUES.— to an information system. cies, including intelligence reporting, data, (1) IN GENERAL.—The Coordinator, in con- (7) INTERPOL.—The term ‘‘INTERPOL’’ and analysis; and sultation with the heads of appropriate Fed- means the International Criminal Police Or- (6) identify shortfalls in United States ca- eral departments and agencies with relevant ganization. pabilities in any areas relevant to the technical expertise or policy mandates per- (8) UNITED STATES PERSON.—The term CSCC’s mission, and recommend necessary taining to cyberspace and cybersecurity ‘‘United States person’’ means— enhancements or changes. issues, shall, not later than 180 days after the (A) a United States citizen or an alien law- (f) STEERING COMMITTEE.— date of the enactment of this Act, develop fully admitted for permanent residence to (1) IN GENERAL.—The Secretary of State and submit to congressional committees the United States; or may establish a Steering Committee com- specified in subsection (b) a strategy to sup- (B) an entity organized under the laws of posed of senior representatives of United port the objective of promoting United the United States, or of any jurisdiction States Government agencies relevant to the States engagement on international cyber within the United States. CSCC’s mission to provide advice to the Sec- issues. SEC. 209. CENTER FOR STRATEGIC COUNTERTER- retary on the operations and strategic ori- (2) CONTENTS.—The strategy developed RORISM COMMUNICATIONS OF THE entation of the CSCC and to ensure adequate under paragraph (1) shall— DEPARTMENT OF STATE. support for the CSCC. (A) include— (a) STATEMENT OF POLICY.—As articulated (2) MEETINGS.—The Steering Committee (i) efforts to be undertaken; in Executive Order 13584, issued on Sep- should meet not less often than once every (ii) specific and measurable goals; tember 9, 2011, it is the policy of the United six months. (iii) benchmarks and timeframes for States to actively counter the actions and (3) LEADERSHIP.—The Steering Committee achieving the objectives referred to in sub- ideologies of al-Qa’ida, its affiliates and ad- should be chaired by the Under Secretary of section (d)(3)(B); and herents, other terrorist organizations, and State for Public Diplomacy. The Coordinator (iv) progress made towards achieving the violent extremists overseas that threaten for Counterterrorism of the Department of benchmarks and timeframes described in the interests and national security of the State should serve as Vice Chair. The Coordi- clause (iii); and United States. nator of the CSCC should serve as Executive (B) to the greatest extent practicable, draw (b) ESTABLISHMENT OF CENTER FOR STRA- Secretary. upon the expertise of technology, security, TEGIC COUNTERTERRORISM COMMUNICATIONS.— (4) COMPOSITION.—

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(A) IN GENERAL.—The Steering Committee ‘‘(4) In the case of a grievance filed under cases of special need waive the requirement may include one senior representative des- paragraph (3)— for a one year break in service.’’. ignated by the head of each of the following ‘‘(A) the review by the Foreign Service SEC. 304. LIMITATION OF COMPENSATORY TIME agencies: Grievance Board shall be limited to a deter- OFF FOR TRAVEL. (i) The Department of Defense. mination of whether the provisions of para- Section 5550b of title 5, United States Code, (ii) The Department of Justice. graphs (1) and (2) have been fulfilled; and is amended by adding at the end the fol- (iii) The Department of Homeland Secu- ‘‘(B) the Foreign Service Grievance Board lowing new subsection: rity. may not exercise the authority provided ‘‘(c) The maximum amount of compen- (iv) The Department of the Treasury. under section 1106(8). satory time off earned under this section (v) The National Counterterrorism Center ‘‘(5) In this subsection: may not exceed 104 hours during any leave of the Office of the Director of National In- ‘‘(A) The term ‘reasonable time’ means— year (as defined by regulations established telligence. ‘‘(i) with respect to a member of the For- by the Office of Personnel Management).’’. (vi) The Joint Chiefs of Staff. eign Service assigned to duty in the United SEC. 305. DEPARTMENT OF STATE ORGANIZA- (vii) The Counterterrorism Center of the States, 15 days after receiving notice of the TION. Central Intelligence Agency. proposed suspension; and The Secretary of State may, after con- (viii) The Broadcasting Board of Gov- ‘‘(ii) with respect to a member of the For- sultation with the appropriate congressional ernors. eign Service assigned to duty outside the committees, transfer to such other officials (ix) The Agency for International Develop- United States, 30 days after receiving notice or offices of the Department of State as the ment. of the proposed suspension. Secretary may determine from time to time (B) ADDITIONAL REPRESENTATION.—Rep- ‘‘(B) The term ‘suspend’ or ‘suspension’ any authority, duty, or function assigned by resentatives from United States Government means the placing of a member of the For- statute to the Coordinator for Counterter- agencies not specified in subparagraph (A) eign Service in a temporary status without rorism, the Coordinator for Reconstruction may be invited to participate in the Steering duties and pay.’’. and Stabilization, or the Coordinator for Committee at the discretion of the Chair. (b) CONFORMING AND CLERICAL AMEND- International Energy Affairs. Subtitle B—Consular Services and Related MENTS.— SEC. 306. REEMPLOYMENT OF ANNUITANTS IN Matters (1) AMENDMENT OF SECTION HEADING.—Sec- HIGH-RISK POSTS. tion 610 of the Foreign Service Act of 1980, as SEC. 211. EXTENSION OF AUTHORITY TO ASSESS Paragraph (2)(A) of section 824(g) of the PASSPORT SURCHARGE. amended by subsection (a) of this section, is Foreign Service Act of 1980 (22 U.S.C. Paragraph (2) of section 1(b) of the Act of further amended, in the section heading, by 4064(g)(2)(A)) is amended by striking ‘‘2010’’ June 4, 1920 (41 Stat. 750; chapter 223; 22 inserting ‘‘; SUSPENSION’’ before the period at and inserting ‘‘2013’’. U.S.C. 214(b)), is amended by striking ‘‘2010’’ the end. SEC. 307. OVERSEAS COMPARABILITY PAY LIMI- and inserting ‘‘2015’’. (2) CLERICAL AMENDMENT.—The item relat- TATION. SEC. 212. BORDER CROSSING CARD FEE FOR MI- ing to section 610 in the table of contents in (a) IN GENERAL.—Subject to the limitation NORS. section 2 of the Foreign Service Act of 1980 is described in subsection (b), the authority Section 410(a)(1)(A) of the Department of amended to read as follows: provided by section 1113 of the Supplemental State and Related Agencies Appropriations ‘‘Sec. 610. Separation for cause; suspen- Appropriations Act, 2009 (Public Law 111-32; Act, 1999 (contained in division A of Public sion.’’. 123 Stat. 1904), shall remain in effect through Law 105–277) is amended by striking ‘‘a fee of SEC. 302. REPEAL OF RECERTIFICATION RE- September 30, 2013. $13’’ and inserting ‘‘a fee equal to one-half QUIREMENT FOR SENIOR FOREIGN (b) LIMITATION.—The authority described the fee that would otherwise apply for proc- SERVICE. in subsection (a) may not be used to pay an essing a machine readable combined border Section 305(d) of the Foreign Service Act of eligible member of the Foreign Service (as crossing identification card and non- 1980 (22 U.S.C. 3945(d)) is repealed. defined in section 1113(b) of the Supple- immigrant visa’’. SEC. 303. LIMITED APPOINTMENTS IN THE FOR- mental Appropriations Act, 2009) a locality- Subtitle C—Reporting Requirements EIGN SERVICE. based comparability payment (stated as a SEC. 221. REPORTING REFORM. Section 309 of the Foreign Service Act of percentage) that exceeds two-thirds of the The following provisions of law are re- 1980 (22 U.S.C. 3949) is amended— amount of the locality-based comparability pealed: (1) in subsection (a), by striking ‘‘sub- payment (stated as a percentage) that would (1) Subsections (c)(4) and (c)(5) of section section (b)’’ and inserting ‘‘subsection (b) or be payable to such member under section 601 of Public Law 96–465. (c)’’; 5304 of title 5, United States Code, if such (2) Section 585 in the matter under section (2) in subsection (b)— member’s official duty station were in the 101(c) of division A of Public Law 104–208. (A) in paragraph (3)— District of Columbia. (3) Section 11(b) of Public Law 107–245. (i) by inserting ‘‘(A),’’ after ‘‘if’’; and TITLE IV—UNITED STATES TITLE III—ORGANIZATION AND (ii) by inserting before the semicolon at INTERNATIONAL BROADCASTING PERSONNEL AUTHORITIES the end the following: ‘‘, or (B), the career SEC. 401. AUTHORIZATION OF APPROPRIATIONS candidate is serving in the uniformed serv- FOR INTERNATIONAL BROAD- SEC. 301. SUSPENSION OF FOREIGN SERVICE ices, as defined by the Uniformed Services MEMBERS WITHOUT PAY. CASTING. Employment and Reemployment Rights Act (a) SUSPENSION.—Section 610 of the Foreign The following amounts are authorized to Service Act of 1980 (22 U.S.C. 4010) is amend- of 1994 (38 U.S.C. 4301 et seq.), and the limited be appropriated to carry out United States ed by adding at the end the following new appointment expires in the course of such international broadcasting activities under subsection: service’’; the United States Information and Edu- ‘‘(c)(1) In order to promote the efficiency of (B) in paragraph (4), by striking ‘‘and’’ at cational Exchange Act of 1948, the Radio the Service, the Secretary may suspend a the end; Broadcasting to Cuba Act, the Television member of the Foreign Service without pay (C) in paragraph (5), by striking the period Broadcasting to Cuba Act, the United States when the member’s security clearance is sus- at the end and inserting ‘‘; and’’; and International Broadcasting Act of 1994, and pended or when there is reasonable cause to (D) by adding after paragraph (5) the fol- the Foreign Affairs Reform and Restruc- believe that the member has committed a lowing new paragraph: turing Act of 1998, and to carry out other au- crime for which a sentence of imprisonment ‘‘(6) in exceptional circumstances where thorities in law consistent with such pur- may be imposed. the Secretary determines the needs of the poses: ‘‘(2) Any member of the Foreign Service for Service require the extension of a limited ap- (1) For ‘‘International Broadcasting Oper- whom a suspension is proposed in accordance pointment (A), for a period of time not to ex- ations’’, $744,500,000 for fiscal year 2013. with paragraph (1) shall be entitled to— ceed 12 months (if such period of time does (2) For ‘‘Broadcasting Capital Improve- ‘‘(A) written notice stating the specific not permit additional review by boards under ments’’, $7,030,000 for fiscal year 2013. reasons for the proposed suspension; section 306), or (B), for the minimum time SEC. 402. PERSONAL SERVICES CONTRACTING ‘‘(B) a reasonable time to respond orally needed to settle a grievance, claim, or com- PROGRAM. and in writing to the proposed suspension; plaint not otherwise provided for in this sec- Section 504(c) of the Foreign Relations Au- ‘‘(C) representation by an attorney or tion.’’; and thorization Act, Fiscal Year 2003, (Public other representative; and (3) by adding at the end the following new Law 107–228; 22 U.S.C. 6206 note), is amended ‘‘(D) a final written decision, including the subsection: by striking ‘‘2009’’ and inserting ‘‘2015’’. specific reasons for such decision, as soon as ‘‘(c) Non-career Foreign Service employees SEC. 403. TECHNICAL AMENDMENT RELATING TO practicable. who have served five consecutive years under CIVIL IMMUNITY FOR BROAD- ‘‘(3) Any member suspended under this sec- a limited appointment may be reappointed CASTING BOARD OF GOVERNORS tion may file a grievance in accordance with to a subsequent limited appointment if there MEMBERS. the procedures applicable to grievances is a one year break in service between each Section 304(g) of the United States Inter- under chapter 11. such appointment. The Secretary may in national Broadcasting Act of 1994 (22 U.S.C.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11442 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 6203(g)) is amended by striking ‘‘Incor- ‘‘(3) and the value of manufacturing license semicolon the following: ‘‘, unless the Sec- porated and Radio Free Asia’’ and inserting agreements or technical assistance agree- retary of State has provided prior approval ‘‘Incorporated, Radio Free Asia, and Middle ments licensed under section 38 of the Arms of such retransfer’’. East Broadcasting Networks’’. Export Control Act.’’. SEC. 506. ANNUAL ESTIMATE AND JUSTIFICATION TITLE V—ARMS EXPORT CONTROL ACT SEC. 503. ANNUAL REPORT ON FOREIGN MILI- FOR SALES PROGRAM. AMENDMENTS AND RELATED PROVISIONS TARY TRAINING. (a) IN GENERAL.—Section 25(a)(1) of the Subtitle A—General Provisions Section 656(a)(1) of the Foreign Assistance Arms Export Control Act (22 U.S.C. Act of 1961 (22 U.S.C. 2416(a)(1)) is amended 2765(a)(1)) is amended by striking ‘‘, together SEC. 501. AUTHORITY TO TRANSFER EXCESS DE- with an indication of which sales and li- FENSE ARTICLES. by striking ‘‘January 31’’ and inserting censed commercial exports’’ and inserting Section 516(g)(1) of the Foreign Assistance ‘‘March 1’’. ‘‘and’’. Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended— SEC. 504. INCREASE IN CONGRESSIONAL NOTIFI- (b) ADDITIONAL AMENDMENT.—Section (1) by inserting ‘‘authorized to be’’ before CATION THRESHOLDS. 25(a)(3) of the Arms Export Control Act (22 ‘‘transferred’’; and (a) FOREIGN MILITARY SALES.— U.S.C. 2765(a)(3)) is amended by adding at the (2) by striking ‘‘425,000,000’’ and inserting (1) IN GENERAL.—Section 36(b)(1) of the end before the semicolon the following: ‘‘, as ‘‘450,000,000’’. Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended— well as any plan for regional security co- SEC. 502. ANNUAL MILITARY ASSISTANCE RE- operation developed in consultation with PORT. (A) in the matter preceding subparagraph Embassy Country Teams and the Depart- (a) INFORMATION RELATING TO MILITARY AS- (A)— ment of State’’. SISTANCE AND MILITARY EXPORTS.—Section (i) by striking ‘‘$50,000,000’’ and inserting 655(b) of the Foreign Assistance Act of 1961 ‘‘$100,000,000’’; SEC. 507. UPDATING AND CONFORMING PEN- (ii) by striking ‘‘$200,000,000’’ and inserting ALTIES FOR VIOLATIONS OF SEC- (22 U.S.C. 2415(b)) is amended— TIONS 38 AND 39 OF THE ARMS EX- (1) in the matter preceding paragraph (1), ‘‘$300,000,000’’; and PORT CONTROL ACT. by striking ‘‘, by category, whether such de- (iii) by striking ‘‘$14,000,000’’ and inserting (a) IN GENERAL.—Section 38(c) of the Arms fense articles—’’ and inserting ‘‘the fol- ‘‘$25,000,000’’; and Export Control Act (22 U.S.C. 2778(c)) is lowing:’’; (B) in the matter following subparagraph amended to read as follows: (2) in paragraph (1)— (P)— ‘‘(c) VIOLATIONS OF THIS SECTION AND SEC- (A) by inserting ‘‘Whether such defense ar- (i) by inserting ‘‘of any defense articles or TION 39.— ticles’’ before ‘‘were’’; and defense services under this Act for ‘‘(1) UNLAWFUL ACTS.—It shall be unlawful (B) by striking the semicolon at the end $200,000,000 or more, any design and construc- for any person to violate, attempt to violate, and inserting a period; tion services for $300,000,000 or more, or any conspire to violate, or cause a violation of (3) in paragraph (2)— major defense equipment for $75,000,000 or any provision of this section or section 39, or (A) by inserting ‘‘Whether such defense ar- more,’’ after ‘‘The letter of offer shall not be any rule or regulation issued under either ticles’’ before ‘‘were’’; and issued, with respect to a proposed sale’’; and section, or a treaty referred to in subsection (B) by striking ‘‘; or’’ at the end and insert- (ii) by inserting ‘‘of any defense articles or (j)(1)(c)(i), including any rule or regulation ing a period; and services under this Act for $100,000,000 or issued to implement or enforce a treaty re- (4) by striking paragraph (3) and inserting more, any design and construction services ferred to in subsection (j)(1)(c)(i) or an imple- the following: for $200,000,000 or more, or any major defense menting arrangement pursuant to such a ‘‘(3) Whether such defense articles were ex- equipment for $50,000,000 or more,’’ after ‘‘or treaty, or who, in a registration or license ported without a license under section 38 of with respect to a proposed sale’’. application or required report, makes any the Arms Export Control Act pursuant to an (2) TECHNICAL AND CONFORMING AMEND- untrue statement of a material fact or omits exemption established under the Inter- MENTS.—Section 36(b) of the Arms Export to state a material fact required to be stated national Traffic in Arms Regulations, other Control Act (22 U.S.C. 2776(b)) is amended— therein or necessary to make the statements than defense articles exported in furtherance (A) in paragraph (5)(C), by striking ‘‘Sub- therein not misleading. of a letter of offer and acceptance under the ject to paragraph (6), if’’ and inserting ‘‘If’’; ‘‘(2) CRIMINAL PENALTIES.—A person who Foreign Military Sales program or a tech- and willfully commits an unlawful act described nical assistance or manufacturing license (B) by striking paragraph (6). in paragraph (1) shall upon conviction— agreement, including the specific exemption (b) COMMERCIAL SALES.—Section 36(c) of ‘‘(A) be fined for each violation in an in the regulation under which the export was the Arms Export Control Act (22 U.S.C. amount not to exceed $1,000,000, or made. 2776(c)) is amended— ‘‘(B) in the case of a natural person, im- ‘‘(4) A detailed listing, by United States (1) in paragraph (1)— prisoned for not more than 20 years or Munitions List sub-category and type, as (A) by striking ‘‘Subject to paragraph (5), both.’’. well as by country and by international or- in’’ and inserting ‘‘In’’; (b) MECHANISMS TO IDENTIFY VIOLATORS.— ganization, of the actual total dollar value of (B) by striking ‘‘$14,000,000’’ and inserting Section 38(g) of the Arms Export Control Act major defense equipment and defense arti- ‘‘$25,000,000’’; and (22 U.S.C. 2778(g)) is amended— cles delivered pursuant to licenses author- (C) by striking ‘‘$50,000,000’’ and inserting (1) in paragraph (1)— ized under section 38 of the Arms Export ‘‘$100,000,000’’; (A) in subparagraph (A)— Control Act for the previous fiscal year. (2) in paragraph (2)— (i) in the matter preceding clause (i), by in- ‘‘(5) In the case of defense articles that are (A) in subparagraph (A), by inserting after serting ‘‘or have otherwise been charged firearms controlled under category I of the ‘‘for an export’’ the following: ‘‘of any major with,’’ after ‘‘indictment for,’’; United States Munitions List, a statement of defense equipment sold under a contract in (ii) in clause (xi), by striking ‘‘; or’’ at the the aggregate dollar value and quantity of the amount of $75,000,000 or more or of de- end and inserting a comma; semiautomatic assault weapons, or spare fense articles or defense services sold under (iii) in clause (xii), by striking the semi- parts for such weapons, the manufacture, a contract in the amount of $200,000,000 or colon at the end and inserting a comma; and transfer, or possession of which is unlawful more, (or, in the case of a defense article (iv) by adding at the end the following: under section 922 of title 18, United States that is a firearm controlled under category I ‘‘(xiii) section 542 of title 18, United States Code, that were licensed for export during of the United States Munitions List, Code, relating to entry of goods by means of the period covered by the report.’’. $1,000,000 or more)’’; and (b) INFORMATION NOT REQUIRED.—Section false statements, 655 of the Foreign Assistance Act of 1961 (22 (B) in subparagraph (C), by inserting after ‘‘(xiv) section 554 of title 18, United States U.S.C. 2415) is amended— ‘‘license’’ the following: ‘‘for an export of Code, relating to smuggling goods from the (1) by redesignating subsection (c) as sub- any major defense equipment sold under a United States, section (d); and contract in the amount of $50,000,000 or more ‘‘(xv) section 1831 of title 18, United States (2) by inserting after subsection (b) the fol- or of defense articles or defense services sold Code, relating to economic espionage, lowing: under a contract in the amount of $100,000,000 ‘‘(xvi) section 545 of title 18, United States ‘‘(c) INFORMATION NOT REQUIRED.—Each or more, (or, in the case of a defense article Code, relating to smuggling goods into the such report may exclude information relat- that is a firearm controlled under category I United States, ing to— of the United States Munitions List, ‘‘(xvii) section 104A of the Foreign Corrupt ‘‘(1) exports of defense articles (including $1,000,000 or more)’’; Practices Act of 1977 (15 U.S.C. 78dd–3), relat- excess defense articles), defense services, and (3) by striking paragraph (5); and ing to prohibited foreign trade practices by international military education and train- (4) by redesignating paragraph (6) as para- persons other than issuers or domestic con- ing activities authorized by the United graph (5). cerns, States on a temporary basis; SEC. 505. RETURN OF DEFENSE ARTICLES. ‘‘(xviii) section 2339B of title 18, United ‘‘(2) exports of such articles, services, and Section 21(m)(1)(B) of the Arms Export States Code, relating to providing material activities to United States Government end Control Act (22 U.S.C. 2761(m)(1)(B)) is support or resources to dedicated foreign ter- users located in foreign countries; and amended by adding at the end before the rorist organizations, or

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‘‘(xix) sections 2339C and 2339D of title 18, ‘‘(A) the Committee on Appropriations and (1) GOVERNMENT SALES.—Section 36(b)(1) of United States Code, relating to financing the Committee on Foreign Affairs of the the Arms Export Control Act (22 U.S.C. terrorism and receiving terrorism training;’’; House of Representatives; and 2776(b)(1)) is amended by adding at the end and ‘‘(B) the Committee on Appropriations and the following: ‘‘The President shall consult (B) in subparagraph (B), by inserting ‘‘, the Committee on Foreign Relations of the fully and completely with the Committee on have been otherwise charged,’’ after ‘‘indict- Senate.’’. Foreign Affairs of the House of Representa- ment’’; and SEC. 511. CONGRESSIONAL NOTIFICATION OF tives and the Committee on Foreign Rela- (2) in paragraph (3)(A), by inserting ‘‘or REGULATIONS AND AMENDMENTS tions of the Senate before submitting a cer- otherwise charged with’’ after ‘‘indictment TO REGULATIONS UNDER SECTION tification under this subsection.’’. for’’. 38 OF THE ARMS EXPORT CONTROL (2) COMMERCIAL SALES.—Section 36(c)(1) of (c) EFFECTIVE DATE.—The amendment ACT. the Arms Export Control Act (22 U.S.C. (a) IN GENERAL.—Section 38 of the Arms made by subsection (a) shall take effect on 2776(c)(1)) is amended by adding at the end Export Control Act (22 U.S.C. 2778) is amend- the date of the enactment of this Act and the following: ‘‘The President shall consult ed by adding at the end the following: shall apply with respect to violations of sec- fully and completely with the Committee on tions 38 and 39 of the Arms Export Control ‘‘(k) CONGRESSIONAL NOTIFICATION.—The President shall submit to the Committee on Foreign Affairs of the House of Representa- Act committed on or after that date. tives and the Committee on Foreign Rela- SEC. 508. CLARIFICATION OF PROHIBITIONS RE- Foreign Affairs of the House of Representa- tives and the Committee on Foreign Rela- tions of the Senate before submitting a cer- LATING TO STATE SPONSORS OF tification under this subsection.’’. TERRORISM AND THEIR NATIONALS. tions of the Senate a copy of regulations or (b) REQUIREMENT TO PROVIDE ADVANCE NO- Section 40(d) of the Arms Export Control amendments to regulations issued to carry TIFICATION AND CONSULTATION ON CERTAIN Act (22 U.S.C. 2780(d)) is amended— out this section at least 30 days before publication of the regulations or amendments in SALES AND EXPORTS.—Section 36 of the Arms (1) by inserting ‘‘or to the nationals of that Export Control Act (22 U.S.C. 2776) is amend- country whose substantive contacts with the Federal Register unless, after consulting with such Committees, the President deter- ed by adding at the end the following new that country give reasonable grounds for subsection: raising risk of diversion, regardless of wheth- mines that there is an emergency that requires a shorter period of time for submittal ‘‘(i)(1)(A) Not later than 60 calendar days er such persons maintain such nationality or prior to the submission of a certification the nationality of another country not cov- of such regulations or amendments.’’. (b) EFFECTIVE DATE.—The amendment under subsection (b), (c), or (d) of this sec- ered by this section’’ after ‘‘with respect to made by subsection (a) takes effect on the tion, the President shall provide advance no- a country’’; and date of the enactment of this Act and applies tification in writing to, and consult with, (2) by adding at the end the following: ‘‘For with respect the issuance of regulations or the chairs and ranking minority members of purposes of this subsection, the term ‘na- amendments to regulations made on or after the appropriate congressional committees of tional’ means an individual who acquired the date of the enactment of this Act. the offer to sell or export the defense articles citizenship by birth from a country that is SEC. 512. DIPLOMATIC EFFORTS TO STRENGTH- or defense services with respect to which subject to section 126.1 of title 22, Code of EN NATIONAL AND INTERNATIONAL such a certification is required to be sub- Federal Regulations (or any successor regu- ARMS EXPORT CONTROLS. mitted pursuant to any such subsection. lations).’’. Not later than one year after the date of ‘‘(B)(i) The requirement of subparagraph SEC. 509. EXEMPTION FOR TRANSACTIONS WITH the enactment of this Act, and annually (A) to provide 60 calendar days advance noti- COUNTRIES SUPPORTING ACTS OF thereafter for 4 years, the President shall fication in writing to the chairs and ranking INTERNATIONAL TERRORISM. transmit to the appropriate congressional minority members of the appropriate con- Section 40(h) of the Arms Export Control committees a report on United States diplo- gressional committees shall not apply if the Act (22 U.S.C. 2780(h)) is amended— matic efforts to strengthen national and chairs and ranking minority members of the (1) in the heading— international arms export controls, includ- appropriate congressional committees have (A) by striking ‘‘EXEMPTION’’ and inserting ing a detailed description of any senior-level agreed, at their discretion, to waive such re- ‘‘EXEMPTIONS’’; and initiative, to ensure that those arms export quirement. (B) by adding ‘‘AND CERTAIN FEDERAL LAW controls are comparable to and supportive of ‘‘(ii) The requirements of subparagraph (A) ENFORCEMENT ACTIVITIES’’ after ‘‘REPORTING United States arms export controls, particu- shall not apply if the President states in the REQUIREMENTS’’; and larly with respect to countries of concern to certification that an emergency exists that (2) by adding at the end before the period the United States. requires the sale or export of defense articles the following: ‘‘or with respect to Federal SEC. 513. REVIEW AND REPORT OF INVESTIGA- or defense services to be in the national se- law enforcement activities undertaken to TIONS OF VIOLATIONS OF SECTION 3 curity interests of the United States in ac- further the investigation of violations of this OF THE ARMS EXPORT CONTROL cordance with subsection (b), (c), or (d) of Act’’. ACT. this section. SEC. 510. REPORT ON FOREIGN MILITARY FI- (a) REVIEW.—The Inspector General of the ‘‘(2)(A) A certification submitted under NANCING PROGRAM. Department of State shall conduct a review subsection (b), (c), or (d) of this section shall Section 23 of the Arms Export Control Act of investigations by the Department of State be subject to the procedures applicable to re- (22 U.S.C. 2763) is amended by adding at the during each of fiscal years 2013 through 2017 programming notifications under section end the following: of any and all possible violations of section 634A(a) of the Foreign Assistance Act of 1961. ‘‘(i) REPORT.— 3 of the Arms Export Control Act (22 U.S.C. ‘‘(B) The requirement of subparagraph (A) ‘‘(1) IN GENERAL.—The President shall 2753) with respect to misuse of United shall not apply if the President transmits to transmit to the appropriate congressional States-origin defense items to determine the chairs and ranking minority members of committees as part of the supporting mate- whether the Department of State has fully the appropriate congressional committees a rials of the annual congressional budget jus- complied with the requirements of such sec- report in writing that contains a determina- tification a report on the implementation of tion, as well as its own internal procedures tion of the President that extraordinary cir- this section for the prior fiscal year. (and whether such procedures are adequate), cumstances exist which necessitates the ob- for reporting to Congress any information ‘‘(2) MATTERS TO BE INCLUDED.—The report viation of such requirement and a detailed regarding the unlawful use or transfer of required under paragraph (1) shall include a description of such circumstances.’’. United States-origin defense articles, defense description of the following: (c) DEFINITION.—Section 36(e) of the Arms ‘‘(A) The extent to which the use of the au- services, and technology by foreign coun- Export Control Act (22 U.S.C. 2776(e)) is thority of this section is based on a well-for- tries, as required by such section. amended— (b) REPORT.—The Inspector General of the mulated and realistic assessments of the ca- (1) by redesignating paragraphs (1) and (2) Department of State shall submit to the pability requirements of foreign countries as paragraphs (2) and (3), respectively; and Committee on Foreign Affairs of the House and international organizations. of Representatives and the Committee on (2) by inserting before paragraph (2) (as re- ‘‘(B) The extent to which the provision of Foreign Relations of the Senate for each of designated) the following new paragraph: grants under the authority of this section fiscal years 2013 through 2017 a report that ‘‘(1) the term ‘appropriate congressional are consistent with United States conven- contains the findings and results of the re- committee’ means— tional arms transfer policy. view conducted under subsection (a). The re- ‘‘(A) the Committee on Foreign Affairs of ‘‘(C) The extent to which the Department port shall be submitted in unclassified form the House of Representatives; and of State has developed and implemented spe- to the maximum extent possible, but may in- ‘‘(B) the Committee on Foreign Relations cific plans to monitor and evaluate outcomes clude a classified annex. of the Senate;’’. under the authority of this section, includ- (d) CONFORMING AMENDMENTS.—Section 36 SEC. 514. REPORTS ON COMMERCIAL AND GOV- ing at least one country or international or- ERNMENTAL MILITARY EXPORTS of the Arms Export Control Act (22 U.S.C. ganization assessment each fiscal year. UNDER THE ARMS EXPORT CON- 2776) is amended— ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT- TROL ACT; CONGRESSIONAL AC- (1) in subsections (a), (b)(1), (c)(1), and (f), TEES.—In this subsection, the term ‘appro- TIONS. by striking ‘‘Speaker of the House of Rep- priate congressional committees’ means— (a) CONGRESSIONAL CONSULTATION.— resentatives and to the chairman of the

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11444 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 Committee on Foreign Relations of the Sen- framework to improve and streamline licens- President shall transmit to the Committee ate’’ and inserting ‘‘chairs of the appropriate ing under such programs, including by seek- on Foreign Affairs of the House of Represent- congressional committees’’; ing to revise the Special Comprehensive Ex- atives and the Committee on Banking, Fi- (2) in subsection (b)— port Authorizations for the North Atlantic nance, and Urban Affairs of the Senate a re- (A) in paragraph (1), by striking ‘‘such Treaty Organization, any member country of port containing a listing of all licenses and committee or the Committee on Foreign Af- that Organization, or any other country de- other authorizations to export commercial fairs of the House of Representatives’’ and scribed in section 36(c)(2)(A) of the Arms Ex- satellites and related components and tech- inserting ‘‘either chair of the appropriate port Control Act (22 U.S.C. 2776(c)(2)(A)) nology contained on the Commerce Control congressional committees’’; under section 126.14 of title 15, Code of Fed- List maintained under part 774 of title 15, (B) in paragraph (4), by striking ‘‘Con- eral Regulations (relating to the Inter- Code of Federal Regulations. gress’’ and inserting ‘‘chairs of the appro- national Traffic in Arms Regulations). (b) FORM.—Such report shall be submitted priate congressional committees’’; and SEC. 524. AUTHORITY TO REMOVE SATELLITES in unclassified form, but may contain a clas- (C) in paragraph (5)— AND RELATED COMPONENTS FROM sified annex. (i) in subparagraph (A), by striking ‘‘chair- THE UNITED STATES MUNITIONS SEC. 526. REVIEW OF UNITED STATES MUNITIONS LIST. man of the Committee on Foreign Affairs of LIST. (a) AUTHORITY.—Subject to subsection (b), the House of Representatives and the chair- Section 38(f)(1) of the Arms Export Control the President is authorized to remove com- Act (22 U.S.C. 2778) is amended by striking man of the Committee on Foreign Relations mercial satellites and related components of the Senate’’ and inserting ‘‘chairs of the the last sentence and inserting the following: and technology from the United States Mu- ‘‘Such notice shall include, to the extent appropriate congressional committees’’; nitions List pursuant to section 38(f) of the (ii) in subparagraph (B), by striking ‘‘Con- practicable, an enumeration of the item or Arms Export Control Act (22 U.S.C. 2778(f)). items to be removed and describe the nature gress’’ and inserting ‘‘chairs of the appro- (b) DETERMINATION.—The President may priate congressional committees’’; and of any controls to be imposed on that item exercise the authority provided in subsection under any other provision of law.’’. (iii) in subparagraph (C), by striking (a) only if the President submits to the ap- ‘‘Speaker of the House of Representatives propriate congressional committees a deter- SEC. 527. REPORT ON COUNTRY EXEMPTIONS and the chairman of the Committee on For- FOR LICENSING OF EXPORTS OF MU- mination that the transfer of commercial NITIONS AND RELATED TECHNICAL eign Relations of the Senate’’ and inserting satellites and related components and tech- DATA. ‘‘chairs of the appropriate congressional nology from the United States Munitions (a) IN GENERAL.—Not later than 120 days committees’’; and List does not pose an unacceptable risk to after the date of enactment of this Act, the (3) in subsection (c)— the national security of the United States. Attorney General, the Secretary of Com- (A) in paragraph (1), by striking ‘‘such Such determination shall include a descrip- merce, and the Secretary of Homeland Secu- committee or the Committee on Foreign Af- tion of the risk-mitigating controls, proce- rity shall submit to the appropriate congres- fairs of the House of Representatives’’ and dures, and safeguards the President will put sional committees a report that includes— inserting ‘‘either chair of the appropriate in place to reduce such risk to an absolute (1) an assessment of the extent to which congressional committees’’; minimum. the terms and conditions of exemptions for (B) in subparagraphs (A) and (C) of para- (c) PROHIBITION.—No license or other au- foreign countries from the licensing require- graph (2), by striking ‘‘Congress receives’’ thorization for export shall be granted for ments of the Commerce Munitions List (or and inserting ‘‘chairs of the appropriate con- the transfer, retransfer, or reexport of any analogous controls for commercial satellites gressional committees receive’’; and commercial satellite or related component and related components and technology) con- (C) in paragraph (4), by striking ‘‘Con- or technology contained on the Commerce tain strong safeguards; and gress’’ each place it appears and inserting Control List maintained under part 774 of (2) a compilation of sufficient documenta- ‘‘the chairs of the appropriate congressional title 15, Code of Federal Regulations to any tion relating to the export of munitions, committees’’. person or entity of the following: commercial spacecraft, and related technical Subtitle B—Miscellaneous Provisions (1) The People’s Republic of China. data to facilitate law enforcement efforts to (2) Cuba. effectively detect, investigate, deter and en- SEC. 521. TREATMENT OF MILITARILY INSIGNIFI- (3) Iran. CANT PARTS AND COMPONENTS. force criminal violations of any provision of (4) North Korea. It shall be the policy of the United States, the Export Administration Regulations, in- (5) Sudan. pursuant to section 38(f) of the Arms Export cluding efforts on the part of state sponsors (6) Syria. Control Act (22 U.S.C. 2778) to prioritize the of terrorism, other countries or entities to (7) Any country with respect to which the removal of those militarily insignificant illicitly acquire such controlled United United States would deny the application for parts, components, accessories, and attach- States technology. licenses and other approvals for exports and ments from the United States Munitions (b) DEFINITIONS.—In this section— imports of defense articles under section List that, even if specifically designed for a (1) the term ‘‘appropriate congressional 126.1 of title 15, Code of Federal Regulations defense article controlled on the United committees’’ means— (relating to the International Traffic in States Munitions List, would warrant no (A) the Committee on Foreign Affairs and Arms Regulations). more than anti-terrorism controls under the the Committee on Homeland Security of the (d) REPORT.— Export Administration Act of 1979 (as con- House of Representatives; and (1) IN GENERAL.—Not later than 1 year after tinued in effect under the International (B) the Committee on Banking, Housing, the date of enactment of this Act, and annu- and Urban Affairs and the Committee on Emergency Economic Powers Act) or any ally thereafter, the Director of National In- successor Act. Homeland Security and Governmental Af- telligence shall submit to the appropriate fairs of the Senate; and SEC. 522. SPECIAL EXPORT LICENSING FOR congressional committees on efforts of state UNITED STATES ALLIES. (2) the term ‘‘munitions’’ means— sponsors of terrorism, other foreign coun- (A) items transferred from the United Section 38 of the Arms Export Control Act tries, or entities to illicitly acquire commer- (22 U.S.C. 2778), as amended by this Act, is States Munitions List to the Commerce Con- cial satellites and related components and trol List and designated as ‘‘600 series’’ items further amended by adding the following new technology. subsection: on the Commerce Control List under the Ex- (2) FORM.—Such report shall be submitted ‘‘(l) SPECIAL EXPORT LICENSING FOR UNITED port Administration Regulations, as pro- in unclassified form, but may contain a clas- STATES ALLIES.—The President may estab- posed by the Bureau of Industry and Secu- sified annex. rity of the Department of Commerce on July lish special licensing procedures for the ex- (e) DEFINITION.—In this section, the term 15, 2011 (76 F.R. 41958); or port of replacement components, parts, ac- ‘‘appropriate congressional committees’’ (B) any successor regulations. cessories, attachments, equipment, means— firmware, software or technology that are (1) the Committees on Foreign Relations, SEC. 528. END-USE MONITORING OF MUNITIONS. not designated as major defense equipment Armed Services, and Intelligence of the Sen- (a) ESTABLISHMENT OF MONITORING PRO- GRAM.—In order to ensure accountability or significant military equipment to the ate; and with respect to the export of munitions and North Atlantic Treaty Organization, any (2) the Committees on Foreign Affairs, related technical data on the Commerce Mu- member country of that Organization, or any Armed Services, and Intelligence of the nitions List, the President shall establish a other country described in section 36(c)(2)(A) House of Representatives. of this Act.’’. program to provide for the end-use moni- SEC. 525. REPORT ON LICENSES AND OTHER AU- toring of such munitions and related tech- SEC. 523. IMPROVING AND STREAMLINING LI- THORIZATIONS TO EXPORT COM- CENSING UNDER UNITED STATES MERCIAL SATELLITES AND RELATED nical data. GOVERNMENT ARMS EXPORT CON- COMPONENTS AND TECHNOLOGY (b) REPORT TO CONGRESS.—Not later than TROL PROGRAMS. CONTAINED ON THE COMMERCE 180 days after the date of the enactment of In implementing reforms of United States CONTROL LIST. this Act, and annually thereafter, the Presi- arms export control programs, the President (a) IN GENERAL.—Not later than 60 days dent shall submit to Congress a report de- should prioritize the development of a new after the end of each calendar quarter, the scribing the actions taken to implement this

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11445 section, including a detailed accounting of The SPEAKER pro tempore. Is there Mr. BERMAN. Mr. Speaker, I yield the costs and number of personnel associated objection to the request of the gentle- myself such time as I may consume. with the program established under sub- woman from Florida? I rise in strong support of H.R. 6018, section (a). There was no objection. the Fiscal Year 2013 Foreign Relations (c) MUNITIONS.—In this section, the term Ms. ROS-LEHTINEN. Mr. Speaker, I ‘‘munitions’’ means— Authorization Act. (1) items transferred from the United yield myself such time as I may con- This bill establishes the basis for our States Munitions List to the Commerce Con- sume. Embassies to function and our dip- trol List and designated as ‘‘600 series’’ items I want to thank the ranking mem- lomats to promote U.S. national inter- on the Commerce Control List under the Ex- ber—and, indeed, all of the Members on ests around the world. It provides some port Administration Regulations, as pro- both sides of the aisle—for all of the of the authorities and resources our posed by the Bureau of Industry and Secu- work that has gone into the drafting of State Department needs to promote rity of the Department of Commerce on July this carefully targeted State Depart- peaceful international cooperation, 15, 2011 (76 F.R. 41958); or ment authorization bill for fiscal year protect U.S. national security, and (2) any successor regulations. 2013. SEC. 529. DEFINITIONS. demonstrate the values and principles Despite significant efforts by the that define us as a nation. In this subtitle: Committee on Foreign Affairs, the De- (1) COMMERCE MUNITIONS LIST.—The term All around the world, our foreign and ‘‘Commerce Munitions List’’ means— partment of State has been operating civil service officers operate on the (A) items transferred from the United without legislative authority for near- front lines of the fight against global States Munitions List to the Commerce Con- ly a decade. The last authorization bill terrorism, putting their lives at risk to trol List and designated as ‘‘600 series’’ items to become law, coauthored by our es- protect the lives of innocents. By on the Commerce Control List under the Ex- teemed former Chairmen Henry Hyde shortchanging our diplomats, we only port Administration Regulations, as pro- and Tom Lantos, was enacted in Sep- increase the likelihood of armed con- posed by the Bureau of Industry and Secu- tember of 2002. The lack of authorities frontation. Skillful diplomacy is also rity of the Department of Commerce on July in the intervening years has eroded essential for opening foreign markets 15, 2011 (76 F.R. 41958); or Congress’ foreign policy leverage with (B) any successor regulations. to American goods and services, which the Department of State. By enacting (2) COMMERCIAL SATELLITES AND RELATED promotes economic growth and creates this bill, Congress will repair this COMPONENTS AND TECHNOLOGY.—The term jobs here at home. lapse, strengthen our foreign policy ‘‘commercial satellites and related compo- On balance, I do support this bill. It’s oversight, and fulfill our obligation to nents and technology’’ means— not perfect. The authorization numbers (A) communications satellites that do not the American public. contain classified components, including re- The text authorizes basic operations are well below the FY13 requested lev- mote sensing satellites with performance pa- for the State Department, the Broad- els, lower than what I think is needed rameters below thresholds identified on the casting Board of Governors, and the to exert strong and effective global United States Munitions List; and Peace Corps at fiscally responsible lev- leadership, and in a perfect world, I (B) systems, subsystems, parts, and compo- els coordinated with the Appropria- would have preferred a more com- nents associated with such satellites and prehensive bill that authorizes the full with performance parameters below thresh- tions Committee. This bill does not include any foreign aid authorities. range of our global activities. But the olds specified for items that would remain on distinguished chairman and her staff the United States Munitions List. H.R. 6018 contains important man- have worked with us diligently over (3) EXPORT ADMINISTRATION REGULATIONS.— agement reforms to increase the effi- The term ‘‘Export Administration Regula- ciency, the accountability, and the the past few weeks to make the tions’’ means— safety of our personnel overseas. It re- changes necessary to arrive at a text (A) the Export Administration Regulations flects bipartisan concern that Congress that we can wholeheartedly support, so as maintained and amended under the au- needs to have a stronger oversight role I thank the chairman for her hard thority of the International Emergency Eco- in the State Department’s expanding work on the bill and for the comity and nomic Powers Act (50 U.S.C. 1701 et seq.); or activities to promote cybersecurity respect she demonstrated throughout (B) any successor regulations. with other governments around the the process. (4) STATE SPONSOR OF TERRORISM.—The I urge my colleagues to support this term ‘‘state sponsor of terrorism’’ means a world. It establishes important juris- country the government of which has been diction and oversight authority for the bill and reserve the balance of my determined by the Secretary of State, for Department’s Strategic Counterterror- time. purposes of section 6(j) of the Export Admin- ism Communications Center, which is Ms. ROS-LEHTINEN. Mr. Speaker, istration Act of 1979 (as continued in effect already operational. we have no further requests for time, under the International Emergency Eco- By maintaining current funding for so when the gentleman yields back, I nomic Powers Act), section 620A of the For- independent audits, inspections, and will make some closing statements and eign Assistance Act of 1961, section 40 of the investigations of the State Department yield back as well. Arms Export Control Act, or any other pro- Mr. BERMAN. Mr. Speaker, consider vision of law, is a government that has re- and the Peace Corps, H.R. 6018 ensures peatedly provided support for acts of inter- that, while we are tightening our belts, my opening to be my closing, and I national terrorism. we will continue to ferret out waste, yield back the balance of my time. (5) UNITED STATES MUNITIONS LIST.—The fraud, and abuse on behalf of the Amer- Ms. ROS-LEHTINEN. In closing, I’d term ‘‘United States Munitions List’’ means ican taxpayer. like to thank all of the Members who the list referred to in section 38(a)(1) of the This bill will help American busi- have worked with us to help put the Arms Export Control Act (22 U.S.C. nesses by removing unreasonable ob- State Department back on the books 2778(a)(1)). stacles and streamlining the arms ex- for the first time in a decade. I want to The SPEAKER pro tempore. Pursu- port control process for exporting se- thank also the Appropriations, the ant to the rule, the gentlewoman from lected equipment and parts. At the Budget, and the Intelligence Commit- Florida (Ms. ROS-LEHTINEN) and the same time, it will enhance U.S. secu- tees for their helpful consultations gentleman from California (Mr. BER- rity by increasing safeguards against throughout this process. MAN) each will control 20 minutes. the transfer of sensitive U.S. tech- Finally, and most especially, I want The Chair recognizes the gentle- nologies to state sponsors of terrorism, to thank the ranking member, my good woman from Florida. to China, and to other countries sub- friend from California (Mr. BERMAN). GENERAL LEAVE ject to U.S. arms embargoes. He has dedicated so many hours, both Ms. ROS-LEHTINEN. Mr. Speaker, I For all of these reasons, Mr. Speaker, he and his staff, in making this impor- ask unanimous consent that all Mem- H.R. 6018 deserves the bipartisan sup- tant bill possible, and I thank him for bers may have 5 legislative days to report that it has received so far and pas- that. vise and extend their remarks and to sage by the House this evening. In particular, I’d like to thank Rick include extraneous material on the With that, Mr. Speaker, I reserve the Kessler, Doug Campbell, Daniel bill, H.R. 6018. balance of my time. Silverberg, Shanna Winters, David

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11446 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 Fite, Diana Ohlbaum, Brent Woolfork, UNITED STATES-ISRAEL EN- (2) To help the Government of Israel pre- Daniel Harsha, our esteemed staff di- HANCED SECURITY COOPERA- serve its qualitative military edge amid rector, Dr. Yleem Poblete, and indeed, TION ACT OF 2012 rapid and uncertain regional political transformation. all of our hardworking Foreign Affairs Ms. ROS-LEHTINEN. Mr. Speaker, I staff for their expert assistance, as well (3) To veto any one-sided anti-Israel reso- move to suspend the rules and pass the lutions at the United Nations Security Coun- as Doug Anderson and Jamie McCor- bill (S. 2165) to enhance strategic co- cil. mick. operation between the United States (4) To support Israel’s inherent right to With that, Mr. Speaker, I urge adop- and Israel, and for other purposes. self-defense. tion of the bill, and I yield back the The Clerk read the title of the bill. (5) To pursue avenues to expand coopera- balance of my time. The text of the bill is as follows: tion with the Government of Israel both in Mr. VAN HOLLEN. Mr. Speaker, I rise in S. 2165 defense and across the spectrum of civilian sectors, including high technology, agri- support of H.R. 6018, the State Department Be it enacted by the Senate and House of Rep- resentatives of the United States of America in culture, medicine, health, pharmaceuticals, Authorization Act and to thank Chairman ROS- Congress assembled, and energy. EHTINEN ERMAN L and Ranking Member B for SECTION 1. SHORT TITLE. (6) To assist the Government of Israel with working together to bring this important, bipar- This Act may be cited as the ‘‘United its ongoing efforts to forge a peaceful, nego- tisan bill to the floor. States-Israel Enhanced Security Cooperation tiated settlement of the Israeli-Palestinian This act authorizes funds for our embassies Act of 2012’’. conflict that results in two states living to function and for our diplomats to promote SEC. 2. FINDINGS. side-by-side in peace and security, and to en- U.S. national interests abroad. Congress makes the following findings: courage Israel’s neighbors to recognize (1) Since 1948, United States Presidents and Israel’s right to exist as a Jewish state. Congress has not sent a State Authorization both houses of Congress, on a bipartisan (7) To encourage further development of bill to the President’s desk in years. To get basis and supported by the American people, advanced technology programs between the this bill on the suspension calendar, it had to have repeatedly reaffirmed the special bond United States and Israel given current be scrubbed of all controversial provisions. As between the United States and Israel, based trends and instability in the region. a consequence, the bill contains no authoriza- on shared values and shared interests. SEC. 4. UNITED STATES ACTIONS TO ASSIST IN tion for foreign assistance programs and in- (2) The Middle East is undergoing rapid change, bringing with it hope for an expan- THE DEFENSE OF ISRAEL AND PRO- cludes no proposals for much needed foreign sion of democracy but also great challenges TECT UNITED STATES INTERESTS. aid reform. The bill does, however, include a to the national security of the United States It is the sense of Congress that the United number of provisions to provide for and pro- and our allies in the region, particularly to States Government should take the fol- tect our men and women serving to advance our most important ally in the region, lowing actions to assist in the defense of Israel. American interests around the world. The bill Israel: (3) The Government of the Islamic Repub- authorizes funding for the State Department, (1) Seek to enhance the capabilities of the lic of Iran is continuing its decades-long pat- the Broadcasting Board of Governors and the Governments of the United States and Israel multilateral organizations to which the U.S. is tern of seeking to foment instability and promote extremism in the Middle East, par- to address emerging common threats, in- a party, such as the United Nations. ticularly in this time of dramatic political crease security cooperation, and expand Our national security rests on four pillars: transition. joint military exercises. the strength of our democracy and economy, (4) At the same time, the Government of (2) Provide the Government of Israel such defense, diplomacy, and development. Wheth- the Islamic Republic of Iran continues to en- support as may be necessary to increase de- rich uranium in defiance of multiple United velopment and production of joint missile er in Yemen, where there are growing con- defense systems, particularly such systems cerns about that nation becoming a safe Nations Security Council resolutions. (5) A nuclear-weapons capable Iran would that defend against the urgent threat posed haven for al Qaeda or in Afghanistan, where fundamentally threaten vital United States to Israel and United States forces in the re- a strong diplomatic presence is helping to fa- interests, encourage regional nuclear pro- gion. cilitate the transition of security responsibility liferation, further empower Iran, the world’s (3) Provide the Government of Israel as- from the coalition forces to the government of leading state sponsor of terror, and pose a se- sistance specifically for the production and Afghanistan, the men and women who serve rious and destabilizing threat to Israel and procurement of the Iron Dome defense sys- in our diplomatic corps are on the front lines, the region. tem for purposes of intercepting short-range in cooperation with our armed forces, pro- (6) Over the past several years, with the as- missiles, rockets, and projectiles launched sistance of the Governments of the Islamic tecting U.S. national security. against Israel. Republic of Iran and Syria, Hizbollah and (4) Provide the Government of Israel de- Mr. Speaker, the men and women who work Hamas have increased their stockpile of fense articles and defense services through at the State Department provide vital services rockets, with more than 60,000 now ready to such mechanisms as appropriate, to include to the nation. Both Foreign Service Officers be fired at Israel. The Government of the Is- air refueling tankers, missile defense capa- and Civil Service employees monitor and ana- lamic Republic of Iran continues to add to bilities, and specialized munitions. lyze developments throughout the world, and its arsenal of ballistic missiles and cruise (5) Provide the Government of Israel addi- missiles, which threaten Iran’s neighbors, tional excess defense articles, as appropriate, proudly represent our nation and advance our Israel, and United States Armed Forces in in the wake of the withdrawal of United interests around the globe. It is essential that the region. States forces from Iraq. they have the resources they need to perform (7) As a result, Israel is facing a fundamen- (6) Examine ways to strengthen existing their jobs on behalf of our nation. tally altered strategic environment. (8) Pursuant to chapter 5 of title 1 of the and ongoing efforts, including the Gaza The SPEAKER pro tempore. The Counter Arms Smuggling Initiative, aimed question is on the motion offered by Emergency Wartime Supplemental Appro- priations Act, 2003 (Public Law 108–11; 117 at preventing weapons smuggling into Gaza the gentlewoman from Florida (Ms. Stat. 576), the authority to make available pursuant to the 2009 agreement following the ROS-LEHTINEN) that the House suspend loan guarantees to Israel is currently set to Israeli withdrawal from Gaza, as well as the rules and pass the bill, H.R. 6018, as expire on September 30, 2012. measures to protect against weapons smug- amended. SEC. 3. STATEMENT OF POLICY. gling and terrorist threats from the Sinai The question was taken. It is the policy of the United States: Peninsula. (7) Offer the Air Force of Israel additional The SPEAKER pro tempore. In the (1) To reaffirm our unwavering commitment to the security of the State of Israel as training and exercise opportunities in the opinion of the Chair, two-thirds being a Jewish state. As President Barack Obama United States to compensate for Israel’s lim- in the affirmative, the ayes have it. stated on December 16, 2011, ‘‘America’s com- ited air space. Ms. ROS-LEHTINEN. Mr. Speaker, mitment and my commitment to Israel and (8) Work to encourage an expanded role for on that I demand the yeas and nays. Israel’s security is unshakeable.’’ And as Israel with the North Atlantic Treaty Orga- The yeas and nays were ordered. President George W. Bush stated before the nization (NATO), including an enhanced Israeli Knesset on May 15, 2008, on the 60th presence at NATO headquarters and exer- The SPEAKER pro tempore. Pursu- anniversary of the founding of the State of cises. ant to clause 8 of rule XX, further pro- Israel, ‘‘The alliance between our govern- (9) Expand already-close intelligence co- ceedings on this question will be post- ments is unbreakable, yet the source of our operation, including satellite intelligence, poned. friendship runs deeper than any treaty.’’. with Israel.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11447 SEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL The SPEAKER pro tempore. Pursu- from us, and we all sleep a little more AND PROTECT AMERICAN INTER- soundly knowing that we have done all ESTS. ant to the rule, the gentlewoman from (a) EXTENSION OF WAR RESERVES STOCKPILE Florida (Ms. ROS-LEHTINEN) and the we can to help our citizens. AUTHORITY.— gentleman from California (Mr. BER- It also means providing increased ex- (1) DEPARTMENT OF DEFENSE APPROPRIA- MAN) each will control 20 minutes. cess defense articles and munitions to TIONS ACT, 2005.—Section 12001(d) of the De- The Chair recognizes the gentle- Israel. With a host of entities stirring partment of Defense Appropriations Act, 2005 woman from Florida. the pot of hostility against the Jewish (Public Law 108–287; 118 Stat. 1011) is amend- GENERAL LEAVE state, it is critical that the United ed by striking ‘‘more than 8 years after’’ and Ms. ROS-LEHTINEN. I ask unani- States stand foursquare with Israel. inserting ‘‘more than 10 years after’’. This legislation also extends author- mous consent, Mr. Speaker, that all (2) FOREIGN ASSISTANCE ACT OF 1961.—Sec- ity to provide loan guarantees to the tion 514(b)(2)(A) of the Foreign Assistance Members may have 5 legislative days Israeli government that provide the Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is to revise and extend their remarks and amended by striking ‘‘fiscal years 2011 and Jewish state with a cushion of support include extraneous material on Senate in times of need, and at no cost to the 2012’’ and inserting ‘‘fiscal years 2013 and bill 2165. 2014’’. American taxpayer. (b) EXTENSION OF LOAN GUARANTEES TO The SPEAKER pro tempore. Is there Mr. Speaker, our ally, Israel, needs ISRAEL.—Chapter 5 of title I of the Emer- objection to the request of the gentle- our help, and we are situated to lend a gency Wartime Supplemental Appropriations woman from Florida? friend this hand while strengthening Act, 2003 (Public Law 108–11; 117 Stat. 576) is There was no objection. our own security in the process. Let us amended under the heading ‘‘LOAN GUARAN- Ms. ROS-LEHTINEN. I yield myself stand together today and say that we TEES TO ISRAEL’’— such time as I may consume. support a strong and secure Israel, not (1) in the matter preceding the first pro- Mr. Speaker, I rise in strong support viso, by striking ‘‘September 30, 2011’’ and only because Israel is our friend and inserting ‘‘September 30, 2015’’; and of the United States-Israel Enhanced ally, but also because a strong and se- (2) in the second proviso, by striking ‘‘Sep- Security Cooperation Act of 2012. cure Israel means a strong and secure tember 30, 2011’’ and inserting ‘‘September I would like to thank the distin- America. 30, 2015’’. guished majority leader and the minor- Now is a particularly important time SEC. 6. REPORTS REQUIRED. ity whip, Mr. CANTOR and Mr. HOYER, to send that message, as we face the (a) REPORT ON ISRAEL’S QUALITATIVE MILI- for sponsoring the House version of looming specter of this sequester that TARY EDGE (QME).— this legislation, as well as Senators we’re all talking about and working (1) IN GENERAL.—Not later than 180 days BOXER and ISAKSON, who sponsored the after the date of the enactment of this Act, hard to prevent. the President shall submit to the Committee Senate version that this House is con- Mr. Speaker, if nothing is done to on Foreign Relations of the Senate and the sidering today. avert this crisis, we will face an almost $450 million cut to security assistance Committee on Foreign Affairs of the House b 1720 of Representatives a report on the status of to Israel. This would include over $100 Israel’s qualitative military edge in light of For over 64 years, since the United million in cuts to cooperative missile current trends and instability in the region. States recognized Israel just 11 min- defense programs. These cuts would (2) SUBSTITUTION FOR QUADRENNIAL RE- utes after its creation, the democratic, damage the security of our Nation and PORT.—If submitted within one year of the Jewish State of Israel has been one of our ally, Israel, and they must be date that the first quadrennial report re- our closest allies. averted. quired by section 201(c)(2) of the Naval Ves- Our shared commitment to peace and With that, Mr. Speaker, I am so sel Transfer Act of 2008 (Public Law 110–429; to freedom have been the foundation of pleased to yield such time as he may 22 U.S.C. 2776 note) is due to be submitted, the report required by paragraph (1) may a special bond that has reinforced the consume to the coauthor of this legis- substitute for such quadrennial report. safety and the security of both of our lation, our leader, the gentleman from (b) REPORTS ON OTHER MATTERS.—Not later countries. We have forged a defense Virginia (Mr. CANTOR). than 180 days after the date of the enactment partnership that has yielded advanced Mr. CANTOR. I thank the gentlelady of this Act, the President shall submit to the technologies and policies that have from Florida for her leadership on this appropriate congressional committees a re- benefited both of our nations and issue. port on each of the following matters: Mr. Speaker, I rise today in support (1) Taking into account the Government of helped to keep our citizens secure. Our fates are tied together. A threat to one of the U.S.-Israel Enhanced Security Israel’s urgent requirement for F–35 aircraft, Cooperation Act. As the gentlelady actions to improve the process relating to its of our countries is a threat to both. purchase of F–35 aircraft, particularly with And so, as the Iranian regime con- just said, Mr. Speaker, I, together with respect to cost efficiency and timely deliv- tinues to race toward nuclear weapons my counterpart, STENY HOYER, Chair- ery. and sponsor violent extremists like man ILEANA ROS-LEHTINEN, and the (2) Efforts to expand cooperation between Hamas and Hezbollah, we must work gentleman from California, Ranking the United States and Israel in homeland se- together to counter this growing Member HOWARD BERMAN, in May in- curity, counter-terrorism, maritime secu- troduced this bill, and the House threat, Mr. Speaker. rity, energy, cyber-security, and other re- passed it with nearly unanimous sup- And while the United States and lated areas. port. (3) Actions to integrate Israel into the de- Israel are targeted by many of the At a time when we are facing huge fense of the Eastern Mediterranean. same threats, Israel’s proximity to the fiscal challenges, this bill makes it SEC. 7. DEFINITIONS. Iran-Syria-Hamas-Hezbollah nexus clear that no matter what, the United In this Act: leaves us no room for error. Our goal, States always stands strong in our sup- (1) APPROPRIATE CONGRESSIONAL COMMIT- with this legislation, is to ensure that TEES.—The term ‘‘appropriate congressional port for Israel, with whom we share a Israel has the ability to protect its commitment to freedom, a respect for committees’’ means— citizens against the dangers that touch (A) the Committee on Appropriations, the human life, and a commitment to secu- Committee on Armed Services, the Com- their lives every day, against the rock- rity. mittee on Foreign Relations, and the Select ets, against the bombs, against the Among other things, this bill allows Committee on Intelligence of the Senate; missiles that their enemies stockpile for the continuation of longstanding and while making well-publicized threats loan guarantees to Israel, we restate (B) the Committee on Appropriations, the every day against the Jewish state. the importance of maintaining Israel’s Committee on Armed Services, the Com- How do we achieve this goal, Mr. qualitative military edge, and we im- mittee on Foreign Affairs, and the Perma- Speaker? By increasing the totality of prove military and intelligence co- nent Select Committee on Intelligence of the our bilateral security relations. That House of Representatives. operation, particularly with respect to (2) QUALITATIVE MILITARY EDGE.—The term means increasing joint missile defense joint missile defense. ‘‘qualitative military edge’’ has the meaning systems, joint military exercises, and We also reiterate our commitment to given the term in section 36(h)(2) of the Arms intelligence cooperation. We get to stand with Israel in international fo- Export Control Act (22 U.S.C. 2776(h)(2)). learn from them, and they get to learn rums like the United Nations, where

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Iron Dome Anti-Missile System, funded Mr. Speaker, our relationship with Beyond this bipartisan expression of in part by the United States, has our ally Israel is one of the most im- America’s support for Israel, there is changed the rules of the game. In fact, portant and closest that we have with much the United States can do to pro- Iron Dome has been successful in inter- any nation in the world. The United tect our interests and the interests of cepting a remarkable 90 percent of in- States and Israel face many of the our closest allies in the Middle East. coming rockets aimed at once defense- same threats, and we share the same But we cannot do so as a spectator. less population centers. values. Israel’s defense minister, Ehud The U.S. must lead. We cannot rely Currently, there are only a handful of Barak, recently said that he can hardly on Vladimir Putin and Kofi Annan to Iron Dome batteries operational in remember a better period of U.S. ‘‘sup- broker the peace in Syria, or stand idly Israel. More are needed in order to pro- port and cooperation’’ and common by as Iran and Russia protect Bashar tect all of Israel’s 8 million citizens. U.S.-Israel strategic understanding Assad, one of the world’s most active I’m pleased to say that S. 2165 retains than the current one. state sponsors of terrorism. And we language from the Iron Dome Support The passage of this bill will help en- cannot and must not allow Iran to ac- Act, bipartisan legislation I introduced sure that this cooperation continues quire nuclear weapons capability. which now has nearly 110 cosponsors into the future. I encourage all of my Mr. Speaker, we must meet the exis- expressing support for providing Israel colleagues to support this legislation. tential threat Iran poses to Israel, its assistance to produce additional Iron I reserve the balance of my time. Ms. ROS-LEHTINEN. I am so pleased neighbors, and the world with strength Dome batteries. to yield 4 minutes to my good friend, and engagement. We cannot allow situ- This bill also pledges to assist Israel the gentleman from New Jersey (Mr. ations in the region to unfold without with its ongoing effort to forge a peace- SMITH), who is the chairman of the our leadership. In fact, during my re- ful, negotiated settlement of the Foreign Affairs Subcommittee on Afri- cent trips to the region, I have found Israeli-Palestinian conflict that results ca, Global Health, and Human Rights. there is more agreement on the need in two states living side by side in Mr. SMITH of New Jersey. Mr. for U.S. leadership than anything else. peace and in security. Despite all the Speaker, I thank the distinguished gen- Today, Mr. Speaker, the House will obstacles to achieving this goal, we tlelady, the chairwoman of our com- send this bipartisan bill to the Presi- cannot give up trying, as peace is pro- mittee, for her great leadership in the dent and deliver the message that, dur- foundly in Israel’s strategic interest. defense of Israel. I thank as well my ing this pivotal and dangerous period I applaud Prime Minister good friend and colleague, the ranking in the Middle East, the United States Netanyahu’s willingness to negotiate member, Mr. BERMAN. These two indi- stands tall for our ally, Israel. anywhere, anytime. The Palestinians viduals work hard every day for the Ms. ROS-LEHTINEN. I thank the should take him up on that offer, in- peace and security of our friend and gentleman for his remarks, and I re- stead of pursuing a campaign to ally Israel. serve the balance of my time. delegitimize Israel at the U.N. and else- This is a ‘‘must pass’’ bill, Mr. Mr. BERMAN. Mr. Speaker, I rise in where. Speaker, as we must reiterate our sup- strong support of S. 2165, the United Mr. Speaker, perhaps the greatest port for the nation of Israel. Our friend States-Israel Enhanced Security Co- threat to both American and Israeli se- and ally Israel lives under the daily operation Act of 2012, and I yield my- curity today is that posed by Iran’s nu- threat of indiscriminate rocket attacks self as much time as I may consume. clear weapons program. I hope this on their homes and businesses, ter- I want to thank, first of all, my problem can be solved diplomatically, rorism on public transit, and the friends, Majority Leader CANTOR and but as we all know, only massive pres- unapologetic, undeterred, and unac- Minority Whip HOYER, for bringing this sure from the United States and our al- ceptable existential threat of a nuclear important bill back to the floor of the lies has any chance of persuading Iran Iran. Despite Iran’s signature of the House so that we can accept the Sen- to give up its quest for nuclear arms. Genocide Convention of 1956, Iran’s ate’s constructive additions and send it b 1730 anti-Semitic leader, Ahmadinejad, has to the President’s desk. repeatedly threatened to wipe Israel off I’d also like to thank, as did my In fact, we are currently negotiating the face of the Earth. Iran has ignored chairman, Senators BOXER and ISAK- a sanctions bill with the Senate, the its commitments not to pursue nuclear SON, and Senator COLLINS, for their Iran Threat Reduction Act, which weapons under the IAEA, refusing in- leadership on this resolution in the Chairman ROS-LEHTINEN and I intro- spections and failing the ones they do Senate. duced and which the House passed late allow. And finally, I want to thank my last year. That bill will dramatically The U.N. has failed to be resolute in friend and chairman, the gentlelady increase the economic pressure on Iran. its response to Iran or to protect from Florida, for her continued leader- Meanwhile, the bill before us today Israel, leaving Israel to fend for itself ship on the issue of the U.S.-Israel rela- makes clear that the U.S. Congress will at best but, more often, attacking and tionship. continue to help Israel meet the Ira- undermining it at every opportunity. Members should recall that in May nian threat. Most recently and amazingly, the we passed the House version of this Gaza-based terrorism, the Israeli-Pal- United Nations allowed Iran to be bill, H.R. 4133, by a near-unanimous estinian conflict, and the Iranian nu- elected to the 15-member general com- vote. We will be taking another vote clear program are not the only threats mittee of the U.N. Arms Trade Treaty today because the Senate has added an faced by Israel. Recent events in Egypt Conference, which is allegedly devel- important extension of military stock- and Syria, along with the presence of oping a treaty regulating the inter- pile reserve authorities. I strongly sup- Hamas in Gaza and Hezbollah in Leb- national sale of conventional arms. port this addition and thank the Sen- anon, require Israeli vigilance against Iran does, after all, have considerable ate for its contribution. danger from all directions. experience in this area. Iran has been Mr. Speaker, since its founding, To that end, this bill, once again, re- arming Israel’s neighbors for decades. Israel has faced innumerable chal- affirms our determination to support Freedom House’s annual report on lenges to its survival, but the serious Israel’s qualitative military edge the world, which assesses the political threats it faces today are unprece- against any possible combination of re- and civil liberties of nearly every na- dented. Deadly cross-border attacks gional threats. In reinforcing that com- tion on Earth, shows that Israel is sur- from the Sinai Peninsula have taken mitment to Israel’s security, this bill rounded by nations that profoundly

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11449 disrespect the political and civil lib- by the gentlelady from Florida, who is north and west, terrorists remain erties of their own citizens. These na- our distinguished chairwoman of the poised to attack and otherwise disrupt tions actively foment hate against Committee on Foreign Affairs, and normal life for millions of Israeli citi- Israel and have human rights records with the remarks of my senior ranking zens. To the east, the Iranian threat that are among the worst in the world. member, the gentleman from Cali- looms large on the horizon, and they Syria has now shown its true colors. fornia (Mr. BERMAN). I thank them threaten Israel and the entire region We cannot sit by and wait for Iran to both for their leadership in bringing with the prospect of a nuclear weapon’s have the opportunity. this legislation forward for consider- capable radical regime right next door. Mr. Speaker, superior deterrence re- ation and approval before the Members There is no question that the illicit mains among the best guarantors of of this body. Iranian nuclear program must remain peace, and that has certainly been the I think there is absolutely no ques- at the very top of our priority list. It’s case in the Middle East. S. 2165 en- tion in terms of the provisions provided certainly at the top of Israel’s priority hances Israel’s ability to defend itself. in this bill. We want to be absolutely list. The nuclear program is, however, When Israel’s military superiority was certain that our government is making a symptom of the disease rather than unclear in the eyes of its enemies soon every effort to ensure the security of the disease itself. The nuclear program after it was created, soon after Israel the State of Israel. is a paramount challenge to U.S. core became a state, Israel was tested re- I want to again commend the gentle- national security interests, as well as peatedly with war, yet they won again lady from Florida and also my good those of our allies, and it must be ad- and again. In response to Israel’s clear friend from New Jersey (Mr. SMITH) for dressed. As long as this regime is in military superiority, Israel’s enemies their comments in assuring and in giv- power and the region continues to ex- have relied on cowardly acts of ter- ing every absolute notice to other perience the kind of instability we’re rorism. They have attacked with Gaza countries of the world so as to know now witnessing, we must commit our- rockets, with the intifada, with the flo- where the United States stands in its selves fully to doing everything we can tilla, and Israel’s task has been to defense of Israel. to help aid Israel in securing itself. overcome those deadly aggressions. Mr. Ms. ROS-LEHTINEN. I am so pleased I urge the adoption of this very im- Speaker, S. 2165 provides assistance for to yield 3 minutes to the gentleman portant resolution. several programs that are effective in from Ohio (Mr. CHABOT), who is the Mr. BERMAN. Mr. Speaker, may I deterring attacks and in defending chairman of the Foreign Affairs Sub- ask how much time is remaining on Israel, including for the Iron Dome, committee on the Middle East and each side. Israel’s successful means of defending South Asia. He deals with these issues The SPEAKER pro tempore (Mr. itself against missiles and rockets tar- every day. CHAFFETZ). The gentleman from Cali- geting Israeli homes and businesses. Mr. CHABOT. Thank you very much, fornia has 131⁄2 minutes, and the gentle- With this bill, Israel will be better Madam Chair. woman from Florida has 51⁄2 minutes. equipped for any scenario as it fulfills I really do appreciate the great lead- Mr. BERMAN. With that, Mr. Speak- its solemn duty to protect its own peo- ership Chairwoman ROS-LEHTINEN has er, I am very pleased to yield 5 minutes ple. With this bill, we also reassert our shown on this issue and on so many to our distinguished whip, the gen- country’s moral obligation and issues around the world. I appreciate as tleman from Maryland (Mr. HOYER). unshakable commitment to give Israel well the great leadership of Mr. BER- Mr. HOYER. I thank the gentleman every assistance. The U.S. reaffirms, in MAN, the ranking member. Together, in for yielding. word and in deed, our dedication to the a bipartisan manner, both have really Again, as I do repeatedly when I rise defense of the Jewish state. S. 2165 ex- done a great job for our country, and to speak on issues related to our clos- pands U.S. military, intelligence, and we appreciate that. est ally in the Middle East, Israel, and civilian cooperation with Israel, in- Despite the tremendous progress that the relationship between our two coun- cluding an offer to the Israeli air force has been made toward ensuring Israel’s tries, I congratulate the chairwoman of for additional training opportunities in continued security, critical challenges the committee, the gentlelady from the U.S. in order to compensate for still remain. Now, perhaps more than Florida, ILEANA ROS-LEHTINEN, for her Israel’s limited airspace and other en- at any time since the 1973 Yom Kippur leadership on this issue and focus on hanced cooperation on intelligence War, Israel faces real and direct the importance of not only the rela- sharing. threats to its very homeland. Although tionship, but on the importance of Israel has shown itself to be a great the so-called Arab Spring has raised making sure that Israel is strong and friend of the United States, not only in hopes that with time and hard work de- able to defend herself. setting the standard for democracy and mocracy may take hold in Arab lands, I also congratulate the gentleman human rights in the region but by it has also ushered in what will, no from California (Mr. BERMAN). I don’t being trustworthy with loans—always doubt, be a period of profound and pro- know anybody who, for a longer period repaying loans on time and in full. This longed instability. of time, has focused on the issue of bill recognizes Israel’s dependability keeping the relationship between Israel b 1740 with an extension of the longstanding and the United States strong, vibrant, loan guarantee program for Israel. And while we most certainly should and open, and who has, on this floor, in Finally, this bill reaffirms that the be working with Arab countries in this committee, in our caucus, and around only viable option for peace and secu- time of transition, we must not forget this country, educated people any more rity in the region is an Israeli state Israel, the Middle East’s only estab- than he has to the necessity to keep and a Palestinian state existing side by lished democracy and our friend and this relationship strong and to keep side. Again, I ask for Members to sup- ally, which faces unprecedented threats Israel strong. port this important bill. to its security. Some of these are So I rise to thank both of them for Mr. BERMAN. I am very pleased to threats that Israel has not had to deal bringing this issue to the floor. yield 1 minute to the gentleman rep- with in a very long time. Mr. Speaker, I was proud to cospon- resenting American Samoa and the To the west, Israel faces new and un- sor this legislation with my friend, the ranking Democrat on the Asia and the tested Egyptian leadership, which has majority leader, Mr. CANTOR. That Pacific Subcommittee of the Foreign sent some troubling messages about its piece of legislation, which Ms. ROS- Affairs Committee, Mr. intentions for Egyptian-Israeli bilat- LEHTINEN and Mr. BERMAN brought to FALEOMAVAEGA. eral relations. To the north, fighting in the floor some months ago, passed here Mr. FALEOMAVAEGA. I thank the Syria is continuing to intensify, and with a vote of 411–2, showing the over- gentleman for yielding. all signs suggest that the country may whelming bipartisan support this issue Mr. Speaker, I want to associate my- collapse into full-scale civil war. Other has. This is clearly an issue, unlike so self especially with the remarks made threats are sadly perennial. To Israel’s many that we deal with, that enjoys

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11450 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 not only bipartisan support between Furthermore, this bill extends loan Appropriations Act of 2003 to extend the two parties, but support of philo- guarantees for Israel and encourages specified loan guarantee authority to sophical perspectives from all over this an expanded Israeli role in NATO. Israel. caucus and this country. We don’t al- Mr. Speaker, it is so encouraging to This is in the U.S. national security ways see eye to eye on matters of pol- see that even while we may divide on interest, and I hope that the House icy, but we always find common ground other matters, this House will pass the overwhelmingly passes this important when it comes to strengthening the legislation before us with strong, over- bill. U.S.-Israel relationship. whelming bipartisan support. That With that, Mr. Speaker, I yield back This is the case for two very impor- sends a message that hopefully cannot the balance of my time. tant reasons. The first is because the be missed, a clarity of purpose ex- Mr. BACA. Mr. Speaker, I rise today in sup- United States and Israel are linked by pressed by this Congress, the policy- port of ‘‘S. 2165; U.S.-Israel Enhanced Secu- history and by the common glue of making body of this Nation, that rity Cooperation Act of 2012.’’ shared values: democracy, free enter- speaks for all the people of our Nation. Since 1948 the U.S. and Israel have shared prise, respect for human rights, and the Hopefully, those who would pose a a special bond. rule of law. Secondly, because a strong threat and risk to us and to our allies Israel is our greatest ally in a region defined Israel is in America’s national security would take note of that unanimity of by conflict. interest. purpose. Let us continue to ensure that Today, there are significant events in the We make that point almost every close U.S.-Israel ties are an issue that Middle East that present unique security chal- time we speak because it’s important unites us as Americans. lenges. From the upheaval in neighboring states to for all of our constituents, our fellow As I said, the House overwhelmingly the defiance of the IAEA by the Iranian re- Americans to understand that the in- passed this measure earlier this year, gime, Israel is under constant threat. vestment that we make in Israel, the 411–2. Now the Senate has sent it back The Israelis should not be forced to live investment in terms of time, in terms to us for final consideration. I con- under duress from a nation that denies the of support, in terms of finances, and in gratulate my friend, Senator BOXER, holocaust and Israel’s right to exist. terms of military assistance, are all in and the Republican leadership of the As a nation we must never waiver in our the interest of the United States of Senate, as well. support of Israel’s inherent right to self-de- America and its citizens. Yes, it is to I hope we can pass it again today. I fense against these threats. Israel’s benefit as well, but primarily know we will, and I hope it’s with even Congress must provide the technology and the United States acts because it sees greater support. I urge my colleagues weapons systems that provide a military ad- as critical to its own interests the safe- to vote ‘‘yes’’ on this bill—for America, vantage over aggressors. ty, security, and sovereignty of Israel. for Israel, and for international secu- This enhanced cooperation between the Military and security ties with Israel rity. U.S. and Israel will provide stability in an in- help the Pentagon and our intelligence b 1750 creasingly unstable region. agencies track threats to Americans at Israel must have the capability and consent Ms. ROS-LEHTINEN. Mr. Speaker, I home and abroad, and they enable us to to defend themselves or the region will fall only have some closing remarks and partner on the development of tech- deeper into chaos. nologies that help keep our people safe. have no further requests for time, so I I urge my colleagues to support this respon- The number one regional threat of will wait for my colleague from Cali- sible legislation. course, as all of us know, is the pros- fornia to yield back. Mr. HOLT. Mr. Speaker, I rise in support of pect of a nuclear Iran. That is of great Mr. BERMAN. After what we just this legislation. concern to every nation in the world. heard, I would not suggest any further The House passed its version of this legisla- The nonproliferation of nuclear weap- speakers, and I yield back the balance tion in May 2012, with my strong support. The ons is a principal tenet of the nations of my time. Senate has elected to improve the loan guar- of the world, adopted by the United Na- Ms. ROS-LEHTINEN. Mr. Speaker, I antee and stock-pile authorities in its version, tions and adopted in treaties. yield myself such time as I may con- which I am also pleased to support. Iran must not be allowed to obtain sume. United States and Israel have built a strong, nuclear weapons, as it would dramati- The United States-Israel Enhanced unique and special relationship, and passage cally destabilize the region, and Iran’s Security Cooperation Act of 2012 of this legislation will only strengthen those leaders have already threatened Amer- states, and it makes it very clear, that bonds. The political changes that are sweep- ican targets in that part of the world. U.S. policy is to: reaffirm the commit- ing through North Africa and the Middle East Again, it is important to note that are ment to Israel’s security as a Jewish are creating new uncertainties for the United some 250,000 Americans within the state; also to provide Israel with the States and Israel. The revolutions that are un- range of Iranian missiles. military capabilities to defend herself derway may not produce the much-hoped for Of course, there are untold economic and help preserve its qualitative mili- democratic ‘‘Arab Spring’’. Indeed, the ascen- interests of the United States and of tary edge; also to expand military and sion of Muslim Brotherhood member the international community. En- civilian cooperation; to assist in a ne- Mohamad Morsi to the Egyptian presidency is hanced security cooperation with gotiated settlement of the Israeli-Pal- a development whose consequences cannot Israel is one of the many tools we have estinian conflict that results in two be predicted with certainty at the moment. to help prevent Iran from achieving nu- states living side by side in peace and During such times of uncertainty, it is impor- clear weaponization and to protect security, which is all of our goals; and tant that America send a clear message to the American assets in the region. also encourage Israel’s neighbors to region that we will continue to stand by our This bill strengthens that coopera- recognize Israel’s right to exist as a ally, Israel. This bill helps us do exactly that, tion in several ways: Jewish state. which is why I am pleased to support it. It authorizes aid for the joint U.S.- This bill expresses the sense of Con- Mr. MARCHANT. Mr. Speaker, I rise in Israel Iron Dome missile defense, a gress that the United States should strong support of H.R. 4133, now S. 2165, the critical investment. take specified actions to assist in the U.S.-Israel Enhanced Security Cooperation The SPEAKER pro tempore. The defense of Israel; it amends the 2005 De- Act of 2012. I am proud to be a cosponsor of time of the gentleman has expired. partment of Defense Appropriations this legislation and I urge all of my colleagues Mr. BERMAN. I yield the gentleman Act to extend authority to transfer to join me in voting for this bill. an additional 2 minutes. certain Department of Defense items to Israel continues to face unprecedented and Mr. HOYER. It also increases U.S. Israel; it amends the Foreign Assist- unpredictable challenges from many of its strategic stockpiles in Israel and pro- ance Act of 1961 to extend authority to neighbors. American support for Israel must vides Israel with additional weaponry make additions to foreign-based de- remain unequivocally solid. This legislation is as a first line of defense for the United fense stockpiles; and, lastly, it amends the latest important effort to continue and ex- States, as well as for Israel. the Emergency Wartime Supplemental pand our deep mutual relationship. I am

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0688 Sfmt 9920 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11451 pleased that the House of Representatives is The question was taken; and (two- tion 8103(b)(2)(C) of the Fair Minimum Wage considering H.R. 4133 today, as it is of the ut- thirds being in the affirmative) the Act of 2007 (29 U.S.C. 206 note; Public Law most importance. rules were suspended and the bill was 110–28) is amended— In addition to reaffirming our continued com- passed. (1) by striking ‘‘each year thereafter until’’ A motion to reconsider was laid on and inserting ‘‘on September 30 of every mitment to Israel, this legislation will provide third year thereafter until’’; and Israel with many new military capabilities the table. (2) by striking ‘‘except that’’ and all that needed to defend itself against any threats. It f follows through ‘‘September 30’’ and insert- is important for those who may wish to do INSULAR AREAS ACT OF 2011 ing ‘‘except that there shall be no such in- Israel harm to know that they will not be suc- crease in 2012, 2013, and 2014 pending the tri- cessful. Specifically, this bill will provide Israel Ms. ROS-LEHTINEN. Mr. Speaker, I ennial report required under section 8104(a)’’. move to suspend the rules and pass the with new missile defense capabilities, mid-air (b) TRIENNIAL GOVERNMENT ACCOUNT- bill (S. 2009) to improve the administra- refueling tankers, and specialized munitions. ABILITY OFFICE REPORT.—Section 8104(a) of tion of programs in the insular areas, Each of these are key components for ensur- the Fair Minimum Wage Act of 2007 (29 and for other purposes. U.S.C. 206 note; Public Law 110–28) is amending Israel’s continued sovereign right to exist. The Clerk read the title of the bill. In addition to these items this bill thoughtfully ed by striking ‘‘April 1, 2013, and every 2 The text of the bill is as follows: years’’ and inserting ‘‘April 1, 2014, and every provides Israel with certain defense equipment S. 2009 3 years’’. that is being left behind by the withdrawal of Be it enacted by the Senate and House of Rep- American forces from Iraq. resentatives of the United States of America in The SPEAKER pro tempore. Pursu- In addition to the conveyance of equipment, Congress assembled, ant to the rule, the gentlewoman from this bill greatly increases our intelligence shar- SECTION 1. SHORT TITLE. Florida (Ms. ROS-LEHTINEN) and the ing operations and offers the Israeli Air Force This Act may be cited as the ‘‘Insular gentleman from American Samoa (Mr. additional training resources in the United Areas Act of 2011’’. FALEOMAVAEGA) each will control 20 States. This is very important given the se- SEC. 2. CONTINUED MONITORING ON RUNIT IS- minutes. verely limited training grounds for the Israeli LAND. Section 103(f)(1) of the Compact of Free As- The Chair recognizes the gentle- Air Force in its own country. I am especially sociation Amendments Act of 2003 (48 U.S.C. woman from Florida. pleased with the agreement for increased in- 1921b(f)(1)) is amended— telligence cooperation. This new level of intel- (1) by striking ‘‘Notwithstanding’’ and in- GENERAL LEAVE ligence collaboration will substantially assist serting the following: Ms. ROS-LEHTINEN. Mr. Speaker, I our own intelligence services in keeping Amer- ‘‘(A) IN GENERAL.—Notwithstanding’’; and ask unanimous consent that all Mem- (2) by adding at the end the following: icans safe. This legislation greatly benefits bers may have 5 legislative days to re- both countries; it is truly a remarkable partner- ‘‘(B) CONTINUED MONITORING ON RUNIT IS- LAND.— vise and extend their remarks and to ship. ‘‘(i) CACTUS CRATER CONTAINMENT AND include extraneous material on the These efforts are paramount, but we must GROUNDWATER MONITORING.—Effective begin- bill, S. 2009. not rest. When we pass this legislation today, ning January 1, 2012, the Secretary of Energy The SPEAKER pro tempore. Is there we must know that this is only the next step, shall, as a part of the Marshall Islands pro- and is not the final step in ensuring Israel’s gram conducted under subparagraph (A), pe- objection to the request of the gentle- freedoms and right to exist. I remain com- riodically (but not less frequently than every woman from Florida? mitted to work with my colleagues for helping 4 years) conduct— There was no objection. ‘‘(I) a visual study of the concrete exterior expand the US-Israeli partnership. Ms. ROS-LEHTINEN. I yield myself Mr. VAN HOLLEN. Mr. Speaker, as a co- of the Cactus Crater containment structure on Runit Island; and such time as I may consume. sponsor and strong supporter of the United ‘‘(II) a radiochemical analysis of the Mr. Speaker, I rise in support of the States-Israel Enhanced Security Cooperation groundwater surrounding and in the Cactus Act of 2012, I rise in support of the bill. Crater containment structure on Runit Is- bill, S. 2009 the Insular Areas Act, a The House originally passed this measure land. brief bill that passed the Senate unani- by a vote of 411 to 2 in May. The Senate then ‘‘(ii) REPORT.—The Secretary shall submit mously in December before being passed the measure by unanimous consent to the Committee on Energy and Natural Re- transmitted to the House and referred on June 29. The purpose of the bill is to ex- sources of the Senate, and the Committee on to multiple committees. tend to Israel a U.S. Government loan guar- Natural Resources of the House of Rep- resentatives, a report that contains— The bill consists of three short sec- antee and U.S. defense stockpile transfer au- ‘‘(I) a description of— tions: thority. ‘‘(aa) the results of each visual survey con- The first section, which shifts to the Israel is an essential American ally in the ducted under clause (i)(I); and Department of Energy the responsi- Middle East. The rapid change that region is ‘‘(bb) the results of the radiochemical anal- bility for Department of the Interior- undergoing will have a significant impact on ysis conducted under clause (i)(II); and funded radiological monitoring at the national security of both our countries. In ‘‘(II) a determination on whether the sur- former U.S. nuclear test sites, has long light of this, S. 2165 helps to reinforce our veys and analyses indicate any significant been overseen by the Committee on support for the security of Israel by extending change in the health risks to the people of Natural Resources. until Sept. 30, 2015, the U.S. Government Enewetak from the contaminants within the Cactus Crater containment structure. The second section, which confirms loan guarantees. The measure also expresses ‘‘(iii) FUNDING FOR GROUNDWATER MONI- the continuing eligibility of U.S. mag- the sense of Congress that the United States TORING.—The Secretary of the Interior shall should take a number of actions to strengthen make available to the Department of En- istrates to participate in long-standing the defense of Israel, including: providing sup- ergy, Marshall Islands Program, from funds judicial exchange programs, is pri- port for its ‘‘Iron Dome’’ air defense system; available for the Technical Assistance Pro- marily overseen by the Committee on providing Israel with air refueling tankers and gram of the Office of Insular Affairs, the the Judiciary. amounts necessary to conduct the specialized munitions; and expanding intel- And the third section, involving a do- ligence cooperation between our two coun- radiochemical analysis of groundwater under clause(i)(II).’’. mestic workforce issue, is overseen by tries. SEC. 3. CLARIFYING THE TEMPORARY ASSIGN- the Committee on Education and the By passing this bill today, we reaffirm our MENT OF JUDGES TO COURTS OF Workforce. support for the right of Israel to defend itself THE FREELY ASSOCIATED STATES. and demonstrate our ongoing commitment to Section 297(a) of title 28, United States All of these committees have re- Israel as an ally of the United States. Code, is amended by striking ‘‘circuit or dis- viewed the bill, waived additional ac- The SPEAKER pro tempore. The trict judge’’ and inserting ‘‘circuit, district, tion, and consented to today’s suspen- question is on the motion offered by magistrate, or territorial judge of a court’’. sion consideration of the bill. I want to the gentlewoman from Florida (Ms. SEC. 4. DELAY OF SCHEDULED MINIMUM WAGE thank those committees for their con- INCREASE IN AMERICAN SAMOA. sideration and their input. ROS-LEHTINEN) that the House suspend (a) DELAYED INCREASE PENDING GOVERN- the rules and pass the bill, S. 2165. MENT ACCOUNTABILITY OFFICE REPORT.—Sec- I reserve the balance of my time.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11452 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 COMMITTEE ON EDUCATION AND THE mittee to be discharged from consideration lands. This is where we exploded 43 of WORKFORCE, HOUSE OF REP- of S. 2009, the Insular Areas Act of 2011, in our nuclear bombs out of the 67 nuclear RESENTATIVES, order to expedite its consideration on the bombs that we exploded during our Washington, DC, March 20, 2012. House floor. testing program from 1943 to 1962; and Hon. JOHN A. BOEHNER, In making this decision, the Foreign Af- Speaker, House of Representatives, fairs Committee conferred extensively with in the process, this is where we ex- Washington, DC. the Committee on Resources, which has tra- ploded our mini-hydrogen bomb, which DEAR MR. SPEAKER: I am writing to convey ditionally dealt with the issues involved in was called a Mike shot, which was only the consent of the Committee on Education the bill, even though that Committee did not about 700 times more powerful than the and the Workforce to be discharged from receive a formal referral of S. 2009. Although nuclear bomb that we exploded in Na- consideration of S. 2009, Insular Areas Act of a formal estimate has not yet been prepared gasaki and Hiroshima. 2011, in order to expedite its consideration on by the Congressional Budget Office (CBO), Only about a couple of hundred of the House floor. CBO staff provided an informal estimate that Although a formal request has not yet the bill should not have any direct spending miles away is also the atoll called Bi- been prepared by the Congressional Budget or revenue effects, and would have annual kini Atoll, and in 1954 we exploded the Office (CBO), CBO staff informally estimates discretionary costs under CBO’s de minimis most powerful and the first hydrogen that the bill should not have any direct threshold ($500,000). bomb that was ever exploded on this spending or revenue effects and should have In agreeing to waive consideration of S. planet. It was known as the Bravo shot, an annual discretionary cost under CBO’s de 2009, the Foreign Affairs Committee does not and it was 1,300 times more powerful minimis threshold ($500,000). waive any jurisdiction that it has over provi- While agreeing to waive consideration of S. than the bombs that we dropped in Na- sions in that bill, or the right to seek to par- gasaki and Hiroshima. 2009, the Committee on Education and the ticipate in any conference on that bill, Workforce does not waive any jurisdiction should one occur. Just to give my colleagues a sense of that it has over provisions in the bill, nor Thank you for your consideration. understanding and appreciation, what does it waive the right to seek appointment Cordially, we did in this specific atoll, Enewetak, as conferees in the event of a House-Senate ILEANA ROS-LEHTINEN, we had to collect all the debris, all the conference on this or similar legislation, Chairman. nuclear waste materials as a result of should such a conference be convened. Thank you again for your consideration. Mr. FALEOMAVAEGA. Mr. Speaker, the 43 bombs that we exploded in this Sincerely, I yield myself such time as I may con- atoll for purposes of preventing nuclear JOHN KLINE, sume. contamination from getting into the Chairman. I want to express my deepest appre- water and the ocean squall of that. ciation to the gentlelady from Florida, Well, it started to leak, and there are COMMITTEE ON THE JUDICIARY, the chairwoman of the House Com- some very serious problems of nuclear HOUSE OF REPRESENTATIVES, mittee on Foreign Affairs, and cer- contamination seepage coming out of Washington, DC, March 28, 2012. tainly my colleague, the senior rank- Hon. ILEANA ROS-LEHTINEN, what we’ve done in burying, sup- Chairwoman, Committee on Foreign Affairs, ing member, Mr. BERMAN of California. posedly, the nuclear waste materials Rayburn House Office Building, Wash- I would also like to express my most on this atoll called Runit Atoll. ington, DC. sincere appreciation to our Speaker of This provision is just simply the Con- DEAR CHAIRWOMAN ROS-LEHTINEN, the For- the House, JOHN BOEHNER; our majority gress directs the Secretary of Energy eign Affairs Committee has primary jurisdic- leader, ERIC CANTOR; our Democratic to do a monitoring program and to see tion over S. 2009, the ‘‘Insular Areas Act of leader, NANCY PELOSI; our Democratic what is happening after some 40 years 2011,’’ which the Senate passed by unanimous Whip, STENY HOYER; the chairman of consent on December 16, 2011. Section 3 of that we did all this tremendous dam- the bill contains matter that falls within the our Foreign Affairs Committee, ILEANA age, not only to property, but to the Rule X jurisdiction of the Judiciary Com- ROS-LEHTINEN, and Ranking Member lives of these people in the Marshall Is- mittee. Having reviewed the bill, and pursu- HOWARD BERMAN of California; Chair- lands. This is what this provision pro- ant to your request, I agree to discharge the man JOHN KLINE and Ranking Member vides. It very simply authorizes the Judiciary Committee from further consider- GEORGE MILLER of the Committee on Secretary of Energy to go over there ation of the bill so that it may proceed expe- Education and the Workforce; Chair- and find out what’s going on and mon- ditiously to the House Floor. man LAMAR SMITH and Ranking Mem- The Judiciary Committee agrees to such itor the underground water so that ber JOHN CONYERS of the Committee on discharge with the understanding that, by these people can survive properly. foregoing consideration of S. 2009 at this the Judiciary; Chairman DOC HASTINGS In the process, and what’s good about time, we do not waive any jurisdiction over and Ranking Member ED MARKEY of this bill, Mr. Speaker, is it doesn’t re- the subject matter contained in this or simi- the Committee on Natural Resources; quire any offsets. We don’t have to lar legislation, and with the further under- and certainly Senator JEFF BINGAMAN worry about any financials. It will be standing that at such time that the bill may and Senator LISA MURKOWSKI, who re- funded by the Technical Assistance be called up on the House Floor, the bill will spectively served as chairman and Program that is now provided by the be identical in form to the bill as referred to ranking member of the Senate Com- Office of Insular Affairs. the Foreign Affairs Committee. The Judici- mittee on Energy and Natural Re- ary Committee reserves the right to insist The second provision in this bill, Mr. on certain amendments to the provisions of sources for all that they have done on Speaker, it just simply amends the the bill that fall within its Rule X jurisdic- behalf of the insular areas. I cannot Compact of Free Association to author- tion if the bill is called up under a rule per- thank my colleagues enough for stand- ize our judges to go there and serve mitting amendments thereto. Additionally, ing with me because I know the pas- temporarily in the courts of the Asso- if you intend to call up a suspension version sage of this bill is only possible today ciated States of Micronesia. That’s all on the House Floor that is not identical to due to their support. it does. It doesn’t require any more ex- the bill as referred to your committee, I re- I also thank the committee staff pense than it is but just to simply au- spectfully request that you consult further leadership for their working in close with the Judiciary Committee in advance of thorize them. association with my office on the pro- such floor consideration. b 1800 Sincerely, vision which will benefit the Associ- LAMAR SMITH, ated States of Micronesia, the Republic And the third provision that I want Chairman. of the Marshall Islands, and the Terri- to share with my colleagues is simply tory of American Samoa. to delay the increase of the minimum COMMITTEE ON FOREIGN AFFAIRS, Mr. Speaker, as my chairman had al- wage in my little Territory of Amer- HOUSE OF REPRESENTATIVES, luded to earlier about this section, it’s ican Samoa for the next 3 years. That’s Washington, DC, March 13, 2012. very simple. all that this bill provides. Hon. JOHN A. BOEHNER, This atoll, Runit Atoll, is located in As I said, Mr. Speaker, this is one of Speaker, House of Representatives, Washington, DC. Enewetak. For the benefit and infor- the most unusual bills. It has the sup- DEAR MR. SPEAKER: I am writing to convey mation of my colleagues, the Enewetak port of four committee chairmen and the consent of the Foreign Affairs Com- Atoll is located in the Marshall Is- senior ranking members. Now, you talk

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11453 about bipartisanship: I don’t know of While we were hopeful that the bill could be contributed to the weakening of the Territory’s any other bill that I’ve ever heard or placed on the House calendar after Congress economy. Passage of S. 2009 will help re- known and the fact that we have some- returned from the Christmas recess, in Janu- solve some of these problems by providing thing we can all work toward in solv- ary 2012 the U.S. Department of the Interior’s ASG with the time it needs to diversify the ing some of the serious problems af- Office of Insular Affairs (OIA) unwittingly halt- Territory’s private-sector economy. fecting the lives of our fellow Ameri- ed the advancement of the bill due to con- While I thank my colleagues for their sup- cans. And that’s all I’m asking for. cerns it raised about a provision related to the port and urge them to vote in favor of S. 2009, Mr. Speaker, I yield back the balance monitoring of Runit Island. After explaining it is my sincere hope that improvements on of my time. how important delaying further minimum wage the territory’s economy will be such that it will Mr. Speaker, I rise today in support of S. increases is to American Samoa’s economy, provide for fair wages for American Samoa’s 2009, the Insular Areas Act of 2011, which we were able to resolve OIA’s concerns and workers. So between now and 2015, it will be was passed by the Senate on December 16, move forward. But given these setbacks, up to ASG and our corporate partners, includ- 2011. Speaker BOEHNER’s office subsequently re- ing StarKist and Tri-Marine, to find new ways At this time, I would like to express my sin- quested that we formalize, in writing, the com- of succeeding without further compromising cerest appreciation to Speaker of the House mitment of the Chairmen of the committees of the wages of both our public and private sec- JOHN BOEHNER, Majority Leader ERIC CANTOR, jurisdiction and, as of March 28, 2012, we tor workers or wage earners. Democratic Leader NANCY PELOSI, Democratic completed this request. American Samoa’s cannery workers have Whip STENY HOYER, Chairman ILEANA ROS- On Tuesday, July 10, 2012, I personally met been the backbone of the U.S. tuna and fish- LEHTINEN and Ranking Member HOWARD BER- with Majority Leader ERIC CANTOR and pre- ing processing industries, and I salute them MAN of the Committee on Foreign Affairs, sented our case, and he agreed that with the for stabilizing the Territory’s economy. With Chairman JOHN KLINE and Ranking Member support of Speaker BOEHNER, Democratic heart-felt gratitude for the sacrifices they have GEORGE MILLER of the Committee on Edu- Leader PELOSI and Democratic Whip HOYER made on our behalf, I am noting their service cation and the Workforce, Chairman LAMAR that he would schedule the bill for consider- in the CONGRESSIONAL RECORD for historical SMITH and Ranking Member JOHN CONYERS of ation. Once the bill was publicly placed on the purposes. the Committee on the Judiciary, Chairman House calendar for July 17, 2012, I an- Once more, I thank my colleagues in the DOC HASTINGS and Ranking Member ED MAR- nounced the progress we had made. Given House and Senate for helping American KEY of the Committee on Natural Resources, the sensitivities surrounding minimum wage, I Samoa in its time of need, and I urge passage and Senators JEFF BINGAMAN and LISA MUR- felt like a public announcement any sooner of S. 2009. KOWSKI who respectively serve as the Chair- could have jeopardized our efforts. man and Ranking Member of the Senate THE ENEWETAK PEOPLE—CHALLENGES FACING The matter of minimum wage is of utmost THE ONLY POPULATION EVER RESETTLED ON Committee on Energy and Natural Resources importance to American Samoa. Since 1956, A NUCLEAR TEST SITE for all they have done for and on behalf of the until Congress enacted P.L. 110–28 which INTRODUCTION people of American Samoa. automatically increases wage rates by $.50 I cannot thank my colleagues enough for Enewetak was the site of 43 of the 67 nu- per hour effective July 2007 and every year clear tests that the U.S. conducted in the standing with me because I know that pas- thereafter until 2014, wage rates for American Marshall Islands and the Enewetak people sage of this bill is only possible today due to Samoa were determined by Special Industry are the only people ever resettled on a nu- their support. I also thank committee and lead- Committees in accordance with Sections 5, 6, clear test site. ership staff for working in close association ENEWETAK ATOLL AS A NUCLEAR TEST SITE with my office on provisions which will benefit and 8 of the Fair Labor Standards Act (29 U.S.C. Sections 205, 206, 208). While these Enewetak Atoll, was the site of forty-three our Associated States of Micronesia, Republic of the sixty-six nuclear tests conducted by of Marshall Islands, and the U.S. Territory of Industry Committees were phased out in other U.S. Territories due to their more diversified the United States in the Marshall Islands be- American Samoa for years to come. Most of tween 1946 and 1958. One of the tests at economies, American Samoa continues to be all, I thank the people of American Samoa, our Enewetak was especially significant as it tuna cannery workers, our Fono, and Gov- a single industry economy, and automatic in- was the first test of a hydrogen bomb. This ernor for their support and prayers. creases have only served to exacerbate an al- test occurred on October 31, 1952 and was I want to especially commend Senator ready difficult situation for the local economy. known as the ‘‘Mike’’ test. The test had a BINGAMAN and Senator MURKOWSKI for their For more than 50 years, American Samoa’s yield of 10.4 megatons (750 times greater leadership in getting S. 2009 passed by the private sector economy had been nearly 80% than the Hiroshima bomb). The destructive dependent, either directly or indirectly, on two power of the Mike test was exceeded only by Senate. S. 2009 includes a provision to delay the Bravo test (15 megatons) in all the nu- minimum wage increases in American Samoa canneries—StarKist and Chicken of the Sea— which until recently employed more than 74 clear tests conducted by the United States until 2015. The provision regarding minimum anywhere. The Mike test vaporized an island, wage was worked out in advance with my of- percent of our private sector workforce. How- leaving a crater a mile in diameter and 200 fice as well as the Senate HELP Committee, ever, on September 30, 2009, one day after feet deep. The Mike test detonation and the the Senate Committee on Energy and Natural American Samoa was struck by a powerful 8.3 detonation of the other 42 nuclear devices on Resources, the House Committee on Edu- Richter Scale earthquake which set off a 20- Enewetak resulted in the vaporization of cation and the Workforce, and the House foot wave tsunami that left untold damage and over 8% of the land and otherwise devastated Committee on Natural Resources. loss from which the Territory has not fully re- the atoll. The devastation is so severe that Because S. 2009 included other provisions covered, Chicken of the Sea closed its oper- to this day, fifty-four years after the last nu- ations in American Samoa and outsourced clear explosion, over half of the land and all not related to minimum wage, the bill was re- of the lagoon remain contaminated by radi- ferred to three different committees in the more than 2,000 jobs to Thailand where fish ation. The damage is so pervasive that the House, including Education and the Work- cleaners are paid $0.75 and less per hour Enewetak people cannot live on over 50% of force, the Judiciary, and the Committee on compared to wage rates of about $4.76 per our land. In fact, they can’t live on Foreign Affairs which has primary jurisdiction hour in American Samoa. Enewetak without the importation of food. for S. 2009. With three different committees As noted by the Government Accountability The U.S. Department of Energy described sharing jurisdiction, the bill could not move to Office (GAO), before minimum wage increases the devastating effects of the 43 nuclear tests the House floor unless the committees agreed went into effect tuna canneries in American on Enewetak as follows: ‘‘The immense ball of flame, cloud of dark to be discharged from consideration of S. Samoa were operating at about a $7.5 million loss per year when compared to canneries, dust, evaporated steel tower, melted sand for 2009. a thousand feet, 10 million tons of water ris- At my request, each of the Chairmen and like Bumble Bee, and now Chicken of the Sea, ing out of the lagoon, waves subsiding from Ranking Members agreed to waive consider- which outsource fish cleaning jobs to low- a height of eighty feet to seven feet in three ation in order to expedite the bill’s consider- wage rate countries. Outsourcing has ad- miles were all repeated, in various degrees, ation. Although S. 2009 was not referred to versely impacted American Samoa’s economy 43 times on Enewetak Atoll.’’ the House Committee on Natural Resources, I in untold ways. Higher fish costs, higher ship- REMOVAL OF THE ENEWETAK PEOPLE FROM sought and received the support of Chairman ping costs, higher fuel costs, better local tax ENEWETAK ATOLL TO UJELANG ATOLL DOC HASTINGS and Ranking Member ED MAR- incentives offered by competitors and the A few days before Christmas in 1947, the KEY, too. global economic recession have especially U.S. removed the Enewetak people to the

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11454 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 much smaller, resource poor, and isolated metal) that was subsequently entombed Last year, in part based on the GAO’s find- atoll of Ujelang. They were told by the U.S. within an unlined crater produced by an 18 ings, I supported a one-year break in the that their removal would be for a short time. kilo ton surface test and capped with a con- wage increase. In fact, Captain John P. W. Vest, the U.S. crete dome. The site is now known as the Looking ahead to next year, I had hoped to Runit Dome. Evidence indicates open hy- Military Governor for the Marshall Islands, have another GAO report to guide any deci- told them that their removal from Enewetak draulic communication between radioactive would be temporary and last no more than waste and intruding ocean water, with mi- sion about—perhaps—skipping another year. three to five years. Unfortunately, they were gration pathways leading to local ground- But S. 2009 will leave us without benefit of exiled on Ujelang for a period of over thirty- water and circulating lagoon waters. the GAO’s advice. three years. Inside the Runit Dome lies over 110,000 And I believe this House needs that guid- cubic yards of plutonium and other radio- HARDSHIP ON UJELANG ance. active debris that is radioactive for thou- I will not object to passage of S. 2009, but The exile on Ujelang was particularly dif- sands of years. And, many areas of Runit Is- ficult for the Enewetak people leading to I do regret that this House did not follow its land have dangerous levels of contamination. regular order before bringing the measure to hopelessness and despair. During the 33-year Consequently, the dome and the surrounding exile on Ujelang they endured the suffering the floor. area need to be monitored in the same man- Mr. GEORGE MILLER of California. Mr. of near starvation. They tried to provide ner that they would be monitored in the US. food for themselves and their children, but The reason for such monitoring is simple— Speaker, today, I rise in support of S. 2009. one meal a day and constant hunger was the the Enewetak people are entitled to the This legislation includes provisions adjusting norm. Malnutrition caused illness and dis- same level of protection from US created ra- the federal minimum wage schedule for Amer- ease. Children and the elderly were particu- diation as the people of the US. ican Samoa in light of GAO’s findings on its larly vulnerable. Health care was woefully unique labor market conditions. Mr. inadequate. In addition, children went large- Ms. ROS-LEHTINEN. I yield myself ly uneducated in the struggle for survival. such time as I may consume. FALEOMAVAEGA of American Samoa has asked They became so desperate that in the late Mr. Speaker, I want to congratulate the Congress to make these adjustments for 1960’s they took over a visiting government Mr. FALEOMAVAEGA for the warm way American Samoa and pass this bill. field-trip ship, demanding that they be taken in which he works with every member Current law requires that the minimum wage off of Ujelang and returned to Enewetak. of our committee, and that is why it is increase in American Samoa annually until it After years of hardship, neglect and isola- a pleasure for all of us on the Com- reaches the Mainland’s federal minimum wage tion the Enewetak people became increas- mittee on Foreign Affairs to do every- level. ingly insistent that they be returned home. Current law also requires the GAO to regu- Eventually, the U.S. said it would attempt thing that we can to help the gentleman, because we know how impor- larly report to Congress on economic condi- to make Enewetak Atoll habitable. tions in American Samoa over the course of The suffering and hardship experienced by tant these bills are to him, as we can the Enewetak people while on Ujelang, was see, as we have heard. What we may these minimum wage adjustments. These eventually acknowledged by the U.S. The consider to be a suspension bill that GAO reports are intended to give Congress in- U.S. Department of Interior in a letter to the will not impact our daily lives, it im- formation so that, if necessary, Congress can President of the U.S. Senate, dated January pacts the many thousands of people adjust the minimum wage schedule for the ter- 14, 1978, said, in relevant part: whom he is so proud to represent in a ritory. ‘‘The people of Enewetak Atoll were re- Precisely because American Samoa has a moved from their home atoll in 1947 by the very real and meaningful way. So I thank him for his gentle man- unique, isolated, and relatively undiversified U.S. Government in order that their atoll economy and because the path to the full fed- could be used in the atomic testing program. ners. I thank him for his graciousness. The people were promised that they would be I thank him for the important bills eral minimum wage for this territory is a nec- able to return home once the U.S. Govern- that he brings to our attention. And I essarily long one, Congress must be flexible ment no longer had need for their islands. want to tell him what an honor it is for over time with the minimum wage schedule in During the thirty years that the Enewetak all of us on our committee to work response to changing economic conditions. people have been displaced from their home with him in a bipartisan way. Congress must also maintain the clear re- atoll they have suffered grave privations, in- quirement that the minimum wage in American cluding periods of near starvation, in their With that, Mr. Speaker, I yield back the balance of my time. Samoa be on a schedule to reach Mainland temporary home on Ujelang Atoll. The peo- levels. In decades past, the use of a special ple have cooperated willingly with the U.S. Mr. SABLAN. Mr. Speaker, S. 2009 is pri- Government and have made many sacrifices marily concerned with U.S. responsibilities to industry committee to periodically review and to permit the United States to use their the Republic of the Marshall Islands and the set the minimum wage in American Samoa home islands for atomic testing purposes.’’ other Freely Associated States in Micronesia, proved ineffective, unfairly depressing wage INITIAL CLEANUP ATTEMPT OF ENEWETAK and with a pause in the implementation of fed- levels below what was economically feasible. ATOLL eral minimum wage in American Samoa. The minimum wage provision in S. 2009 In 1972, the U.S. said that it would soon no I certainly support continuing U.S. oversight meets these standards. The adjustment pro- longer require the use of Enewetak. The U.S. of the effects of nuclear testing in the Mar- posed by S. 2009 is the result of the GAO’s recognized that the extensive damage and re- shalls. latest report, which lays out certain economic sidual radiation at Enewetak would require And I defer to my colleague from American difficulties confronting American Samoa. radiological cleanup, soil rehabilitation, Samoa with respect to economic policy in his These difficulties arise from a variety of fac- housing and basic infrastructure before the district. tors, including recent global economic condi- people could resettle Enewetak. An exten- tions and a specific set of challenges facing sive cleanup, rehabilitation and resettlement In one respect, though, S. 2009 does impact effort was undertaken between 1977 and 1980. my district, the Northern Marianas Islands. American Samoa’s tuna canning industry. Unfortunately, the cleanup left over half of The bill moves a Government Accountability In response to the GAO report, this bill ad- the land mass of the atoll contaminated by Office report on the effect of minimum wage justs the schedule by delaying any minimum radiation confining the people to the south- increases in the Northern Marianas and Amer- wage increases in American Samoa until ern half of the atoll. This has prevented the ican Samoa from every two years to every 2015. Importantly, it maintains a clear min- Enjebi island members of the Enewetak com- three years. imum wage schedule for the territory, with new munity from resettling their home island in These GAO reports are important. They pro- increases made triennially. the northern part of the atoll, and has pre- vide a credible analysis of a complex policy, This is not the first adjustment in the sched- vented the people from making full and un- ule since the increases began in 2007. Adjust- restricted use of their atoll. In addition, the namely the annual 50¢ increase in the min- cleanup and rehabilitation was not effective imum wage in the Marianas. ments were also enacted in 2010. in rehabilitating the soil and revegetating Yet this decision to delay the next GAO re- Congress must continue to monitor condi- the islands. An extensive soil rehabilitation port and stretch out the period of time be- tions in American Samoa. Future adjustments and revegetation effort is still required to tween reports is being made without benefit of to either accelerate or delay the minimum permit the growing of food crops. a hearing in this House. wage schedule may be necessary and war- RUNIT DOME Neither businesses nor workers, who are ranted. Workers in American Samoa deserve The cleanup of Enewetak entailed removal impacted by the minimum wage increases in a fair minimum wage as soon as possible, and collection of highly contaminated top- my district, have had a chance to be heard which not only improves their standard of liv- soil, vegetation, and debris (concrete and from. ing but generates new economic activity for

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0688 Sfmt 9920 E:\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11455 everyone’s benefit. To achieve that end and to RECESS Cooper Kinzinger (IL) Reichert Costa Kissell Renacci be sensitive to other economic pressures on The SPEAKER pro tempore. Pursu- Costello Kline Richardson the island that may affect employment levels, ant to clause 12(a) of rule I, the Chair Courtney Kucinich Rivera it is our ongoing responsibility to calibrate the declares the House in recess until ap- Crawford Lance Roby minimum wage schedule as conditions war- Crenshaw Langevin Rogers (AL) proximately 6:30 p.m. today. Critz Lankford Rogers (KY) rant. Accordingly (at 6 o’clock and 4 min- Crowley Larsen (WA) Rogers (MI) I look forward to continuing to work with Mr. utes p.m.), the House stood in recess. Cuellar Larson (CT) Rohrabacher FALEOMAVAEGA and other colleagues in the Culberson Latham Rokita House and Senate to ensure workers in Amer- f Cummings LaTourette Ros-Lehtinen Davis (CA) Latta ican Samoa receive a just wage. Roskam b 1830 Davis (IL) Lee (CA) Ross (AR) The SPEAKER pro tempore. The Davis (KY) Levin Rothman (NJ) question is on the motion offered by AFTER RECESS DeGette Lewis (CA) Roybal-Allard the gentlewoman from Florida (Ms. DeLauro Lewis (GA) Royce The recess having expired, the House Denham Lipinski ROS-LEHTINEN) that the House suspend Runyan was called to order by the Speaker pro Dent LoBiondo Ruppersberger the rules and pass the bill, S. 2009. Deutch Loebsack tempore (Mr. CHAFFETZ) at 6 o’clock Rush The question was taken. Diaz-Balart Lofgren, Zoe and 30 minutes p.m. Ryan (OH) The SPEAKER pro tempore. In the Dingell Long Ryan (WI) Dold Lowey opinion of the Chair, two-thirds being f Sa´ nchez, Linda Donnelly (IN) Lucas T. in the affirmative, the ayes have it. Doyle Luetkemeyer ANNOUNCEMENT BY THE SPEAKER Sanchez, Loretta Ms. ROS-LEHTINEN. Mr. Speaker, Dreier Luja´ n Sarbanes on that I demand the yeas and nays. PRO TEMPORE Duffy Lummis Scalise Duncan (SC) Lungren, Daniel The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Schakowsky Edwards E. Schiff The SPEAKER pro tempore. Pursu- Ellison Lynch ant to clause 8 of rule XX, proceedings Schilling Ellmers Maloney ant to clause 8 of rule XX, further pro- will resume on motions to suspend the Schock Engel Manzullo ceedings on this question will be post- Schwartz rules previously postponed. Eshoo Marino Scott, David poned. Votes will be taken in the following Farenthold Markey Sensenbrenner Farr Matheson f order: Serrano H.R. 6018, by the yeas and nays; Fattah Matsui COMMUNICATION FROM THE HON- Fitzpatrick McCarthy (CA) Sessions S. 2009, by the yeas and nays. Forbes McCarthy (NY) Sherman ORABLE GARY L. ACKERMAN, Shimkus MEMBER OF CONGRESS The first electronic vote will be con- Fortenberry McCaul ducted as a 15-minute vote. The re- Frank (MA) McCollum Shuler The SPEAKER pro tempore laid be- Frelinghuysen McDermott Shuster maining electronic vote will be con- Simpson fore the House the following commu- Fudge McGovern ducted as a 5-minute vote. Gallegly McHenry Sires nication from the Honorable GARY L. Garamendi McIntyre Slaughter ACKERMAN, Member of Congress: f Gerlach McKeon Smith (NE) Granger McKinley Smith (NJ) CONGRESS OF THE UNITED STATES, FOREIGN RELATIONS AUTHORIZA- Graves (MO) McMorris Smith (TX) 5TH DISTRICT, NEW YORK, TION ACT, FISCAL YEAR 2013 Green, Gene Rodgers Smith (WA) July 16, 2012. Griffin (AR) McNerney Southerland Hon. JOHN A. BOEHNER, The SPEAKER pro tempore. The un- Grijalva Meehan Speier Speaker, House of Representatives, finished business is the vote on the mo- Grimm Meeks Stark Washington, DC. tion to suspend the rules and pass the Guinta Mica Sullivan DEAR MR. SPEAKER: This is to notify you bill (H.R. 6018) to authorize appropria- Guthrie Michaud Sutton formally pursuant to Rule VIII of the Rules Hall Miller (FL) Terry tions for the Department of State for Hanabusa Miller (MI) of the House of Representatives that I have Thompson (CA) fiscal year 2013, and for other purposes, Hanna Miller (NC) Thompson (MS) been served with a subpoena for documents, as amended, on which the yeas and Harper Miller, Gary Thompson (PA) issued by the Supreme Court of the State of Hartzler Miller, George Thornberry New York, County of Queens. nays were ordered. Hastings (FL) Moore Tiberi After consultation with the Office of Gen- The Clerk read the title of the bill. Hastings (WA) Moran Tierney eral Counsel, I have determined that compli- The SPEAKER pro tempore. The Hayworth Mulvaney Towns ance with the subpoena is not consistent question is on the motion offered by Heck Myrick Tsongas Heinrich Nadler Turner (NY) with the privileges and rights of the House. the gentlewoman from Florida (Ms. Hensarling Neal Sincerely, Turner (OH) ROS-LEHTINEN) that the House suspend Herger Noem Upton GARY L. ACKERMAN, Herrera Beutler Nugent the rules and pass the bill, as amended. Van Hollen Member of Congress. Higgins Nunes Vela´ zquez The vote was taken by electronic de- Himes Nunnelee f Visclosky Hinchey Olson vice, and there were—yeas 333, nays 61, Walden Hinojosa Olver COMMUNICATION FROM THE not voting 37, as follows: Walz (MN) Hochul Owens CLERK OF THE HOUSE [Roll No. 469] Holden Pallone Wasserman Holt Pascrell Schultz The SPEAKER pro tempore laid be- YEAS—333 Waters fore the House the following commu- Honda Pastor (AZ) Aderholt Bilirakis Cardoza Hoyer Paulsen Watt nication from the Clerk of the House of Alexander Bishop (GA) Carnahan Huelskamp Pearce Waxman Representatives: Altmire Bishop (NY) Carney Hultgren Pelosi Webster Amodei Blumenauer Carson (IN) Hunter Pence Welch OFFICE OF THE CLERK, Andrews Bonamici Carter Issa Perlmutter Whitfield HOUSE OF REPRESENTATIVES, Austria Bonner Cassidy Jenkins Peters Wilson (FL) Washington, DC, July 17, 2012. Baca Bono Mack Castor (FL) Johnson (GA) Peterson Wilson (SC) Hon. JOHN A. BOEHNER, Bachus Boswell Chabot Johnson (OH) Petri Wittman The Speaker, House of Representatives, Baldwin Boustany Chaffetz Johnson, E. B. Pingree (ME) Wolf Barber Brady (PA) Chandler Washington, DC. Johnson, Sam Pitts Womack Barletta Brady (TX) Chu Kaptur Pompeo Woodall DEAR MR. SPEAKER: Pursuant to the per- Barrow Braley (IA) Cicilline mission granted in Clause 2(h) of Rule II of Keating Price (NC) Woolsey Bartlett Brown (FL) Clarke (MI) Kelly Quigley Yarmuth the Rules of the U.S. House of Representa- Barton (TX) Bucshon Clarke (NY) Kildee Rahall Yoder tives, the Clerk received the following mes- Bass (CA) Buerkle Clay Kind Rangel Young (AK) sage from the Secretary of the Senate on Bass (NH) Burton (IN) Cleaver King (IA) Reed Young (FL) July 17, 2012 at 12:53 p.m.: Becerra Calvert Clyburn King (NY) Rehberg Young (IN) That the Senate passed without amend- Benishek Camp Coble Berg Canseco Coffman (CO) NAYS—61 ment H.R. 205. Berkley Cantor Cohen With best wishes, I am Berman Capito Cole Adams Bishop (UT) Brooks Sincerely, Biggert Capps Connolly (VA) Amash Black Broun (GA) KAREN L. HAAS. Bilbray Capuano Conyers Bachmann Blackburn Burgess

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11456 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 Conaway Gowdy Rigell INSULAR AREAS ACT OF 2011 Langevin Olson Scott (SC) Cravaack Graves (GA) Roe (TN) Lankford Olver Scott, Austin DesJarlais Griffith (VA) Rooney The SPEAKER pro tempore. Without Larsen (WA) Owens Scott, David Duncan (TN) Harris Ross (FL) objection, 5-minute voting will con- Larson (CT) Palazzo Sensenbrenner Emerson Huizenga (MI) Schmidt Latham Pallone Serrano Fincher Hurt tinue. LaTourette Pascrell Sessions Schweikert There was no objection. Fleischmann Jones Scott (SC) Latta Pastor (AZ) Sherman Fleming Jordan Scott, Austin The SPEAKER pro tempore. The un- Lee (CA) Paulsen Shimkus Flores Lamborn Levin Pearce Shuler Stearns finished business is the vote on the mo- Foxx Marchant Lewis (CA) Pelosi Shuster Stutzman Franks (AZ) McClintock tion to suspend the rules and pass the Lewis (GA) Pence Simpson Tipton Gardner Murphy (PA) bill (S. 2009) to improve the administra- Lipinski Perlmutter Sires Garrett Neugebauer Tonko tion of programs in the insular areas, LoBiondo Peters Slaughter Gibbs Palazzo Walberg Loebsack Peterson Smith (NE) Gibson Posey Walsh (IL) and for other purposes, on which the Lofgren, Zoe Petri Smith (NJ) Gingrey (GA) Price (GA) West yeas and nays were ordered. Long Pingree (ME) Smith (WA) Gohmert Quayle Westmoreland The Clerk read the title of the bill. Lowey Pitts Southerland Goodlatte Ribble The SPEAKER pro tempore. The Lucas Pompeo Speier Luetkemeyer Posey Stark NOT VOTING—37 question is on the motion offered by Luja´ n Price (GA) Stearns Ackerman Green, Al Murphy (CT) the gentlewoman from Florida (Ms. Lungren, Daniel Price (NC) Sullivan Akin Gutierrez Napolitano ROS-LEHTINEN) that the House suspend E. Quayle Sutton Boren Hahn Paul the rules and pass the bill. Lynch Quigley Terry Buchanan Hirono Maloney Rahall Thompson (CA) Platts This is a 5-minute vote. Butterfield Israel Poe (TX) Manzullo Rangel Thompson (MS) Campbell Jackson (IL) Polis The vote was taken by electronic de- Marchant Reed Thompson (PA) Marino Rehberg Thornberry DeFazio Jackson Lee Reyes vice, and there were—yeas 378, nays 11, Markey Reichert Tiberi Dicks (TX) Richmond Doggett Johnson (IL) not voting 42, as follows: Matheson Renacci Tierney Schrader Filner Kingston [Roll No. 470] Matsui Richardson Tipton Scott (VA) Flake Labrador McCarthy (CA) Rigell Tonko Sewell YEAS—378 Gonzalez Landry McCarthy (NY) Rivera Towns Gosar Mack Stivers Adams Clarke (MI) Gardner McCaul Roby Tsongas Aderholt Clarke (NY) Garrett McClintock Roe (TN) Turner (NY) Alexander Clay Gerlach McCollum Rogers (AL) Turner (OH) b 1854 Altmire Clyburn Gibbs McDermott Rogers (KY) Upton Amash Coble Gibson McGovern Rogers (MI) Van Hollen Mrs. SCHMIDT, Messrs. FINCHER, Amodei Coffman (CO) Gingrey (GA) McHenry Rohrabacher Vela´ zquez BROUN of Georgia, HURT, PRICE of Andrews Cohen Goodlatte McIntyre Rokita Visclosky Georgia, Mrs. BLACKBURN, Messrs. Austria Cole Gowdy McKeon Rooney Walberg ROE of Tennessee, GARDNER, GAR- Baca Conaway Granger McKinley Ros-Lehtinen Walden Bachmann Connolly (VA) Graves (GA) McNerney Roskam Walsh (IL) RETT, GRAVES of Georgia, FLEMING, Bachus Conyers Graves (MO) Meehan Ross (AR) Walz (MN) Mrs. BACHMANN, Mrs. BLACK, Baldwin Cooper Green, Gene Meeks Ross (FL) Wasserman Messrs. GINGREY of Georgia, Barber Costa Griffin (AR) Mica Rothman (NJ) Schultz Barletta Costello Griffith (VA) Michaud Roybal-Allard Waters SCHWEIKERT, MURPHY of Pennsyl- Barrow Courtney Grijalva Miller (FL) Royce Watt vania, and MARCHANT changed their Bartlett Cravaack Grimm Miller (MI) Runyan Waxman vote from ‘‘yea’’ to ‘‘nay.’’ Barton (TX) Crawford Guinta Miller (NC) Ruppersberger Webster Mr. ROHRABACHER changed his Bass (NH) Crenshaw Guthrie Miller, Gary Rush Welch Becerra Critz Hall Miller, George Ryan (OH) West vote from ‘‘nay’’ to ‘‘yea.’’ Benishek Crowley Hanabusa Moore Ryan (WI) Whitfield So (two-thirds being in the affirma- Berg Cuellar Hanna Moran Sa´ nchez, Linda Wilson (FL) tive) the rules were suspended and the Berkley Culberson Harper Murphy (PA) T. Wilson (SC) Berman Cummings Harris Myrick Sanchez, Loretta Wittman bill, as amended, was passed. Biggert Davis (CA) Hartzler Nadler Sarbanes Wolf The result of the vote was announced Bilbray Davis (IL) Hastings (FL) Napolitano Scalise Womack as above recorded. Bilirakis Davis (KY) Hastings (WA) Neal Schakowsky Woolsey A motion to reconsider was laid on Bishop (GA) DeGette Hayworth Neugebauer Schiff Yarmuth Bishop (NY) DeLauro Heck Noem Schilling Yoder the table. Bishop (UT) Denham Heinrich Nugent Schock Young (AK) Stated for: Black Dent Hensarling Nunes Schwartz Young (FL) Mr. FILNER. Mr. Speaker, on rollcall 469, I Blackburn DesJarlais Herrera Beutler Nunnelee Schweikert Young (IN) Blumenauer Deutch Higgins was away from the Capitol due to prior com- Bonamici Diaz-Balart Himes NAYS—11 mitments to my constituents. Had I been Bonner Dingell Hinchey Broun (GA) Lummis Stutzman present, I would have voted ‘‘yea.’’ Bono Mack Dold Hinojosa Gohmert Mulvaney Westmoreland Mrs. NAPOLITANO. Mr. Speaker, on rollcall Boswell Donnelly (IN) Hochul Huelskamp Ribble Woodall Boustany Doyle Holden Huizenga (MI) Schmidt No. 469, had I been present, I would have Brady (PA) Dreier Holt voted ‘‘yea.’’ Brady (TX) Duffy Honda NOT VOTING—42 Braley (IA) Duncan (SC) Hoyer Ackerman Gosar McMorris Brooks f Duncan (TN) Hultgren Akin Green, Al Rodgers Brown (FL) Edwards Hunter Bass (CA) Gutierrez Murphy (CT) Bucshon Ellison Hurt Boren Hahn Paul Buerkle Ellmers Issa MOMENT OF SILENCE IN REMEM- Buchanan Herger Platts Burgess Emerson Jenkins BRANCE OF MEMBERS OF Butterfield Hirono Poe (TX) Burton (IN) Engel Johnson (GA) Campbell Israel ARMED FORCES AND THEIR Calvert Eshoo Johnson (OH) Polis Cardoza Jackson (IL) Reyes FAMILIES Camp Farenthold Johnson, E. B. Cleaver Jackson Lee Richmond Canseco Farr Johnson, Sam DeFazio (TX) Schrader The SPEAKER pro tempore (Mr. Cantor Fattah Jones Dicks Johnson (IL) Scott (VA) PITTS). The Chair would ask all present Capito Fincher Jordan Doggett Kingston to rise for the purpose of a moment of Capps Fitzpatrick Kaptur Filner Labrador Sewell Capuano Fleischmann Keating Smith (TX) silence. Flake Landry Carnahan Fleming Kelly Gonzalez Mack Stivers The Chair asks that the House now Carney Flores Kildee observe a moment of silence in remem- Carson (IN) Forbes Kind Carter Fortenberry King (IA) b 1904 brance of our brave men and women in Cassidy Foxx King (NY) uniform who have given their lives in Castor (FL) Frank (MA) Kinzinger (IL) Mr. RIBBLE changed his vote from the service of our Nation in Iraq and Chabot Franks (AZ) Kissell ‘‘aye’’ to ‘‘no.’’ Afghanistan and their families, and of Chaffetz Frelinghuysen Kline So (two-thirds being in the affirma- Chandler Fudge Kucinich all who serve in our Armed Forces and Chu Gallegly Lamborn tive) the rules were suspended and the their families. Cicilline Garamendi Lance bill was passed.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11457 The result of the vote was announced two full tours in Afghanistan, and Mr. JONES. Mr. Speaker, it is 10 as above recorded. made additional short visits to both years ago that I was contacted by A motion to reconsider was laid on theaters. Connie Gruber. On April 8, 2000, 19 ma- the table. At the time of his tragic death, Lieu- rines were killed in a V–22 Osprey crash Stated for: tenant Colonel Tisdale was commander in Marana, Arizona. Mr. FILNER. Mr. Speaker, on rollcall 470, I of the 525th Brigade Special Troops Mr. Speaker, I show this tonight be- was away from the Capitol due to prior com- Battalion, 525th Battlefield Surveil- cause so many people do not under- mitments to my constituents. Had I been lance Brigade, stationed in Fort Bragg, stand what a V–22 is. It is the kind of present, I would have voted ‘‘aye.’’ North Carolina. plane that’s basically a helicopter that can become a plane because it would go f During his 19 years of service to our country, Lieutenant Colonel Tisdale from the helicopter mode to an air- HONORING HOWARTH TAYLOR earned many awards and recognitions. plane mode. And so, therefore, the V– (Mr. CRAWFORD asked and was He earned the Bronze Star Medal, the 22, again, at the time of this crash was given permission to address the House Purple Heart, the Meritorious Service still an experimental plane. In fact, at for 1 minute.) Medal, the Army Commendation the time of the crash, Secretary of De- Mr. CRAWFORD. Mr. Speaker, I rise Medal, the Army Achievement Medal, fense Dick Cheney spoke out to Con- today to honor Mr. Howarth Taylor on the Joint Military Unit Award, the Na- gress, both House and Senate, that he being inducted into the Arkansas Agri- tional Defense Service Medal, the Meri- wanted to eliminate the program. He culture Hall of Fame. For over 60 torious Unit Citation, the Afghanistan did not think the V–22 was the right in- years, Mr. Taylor has been a pillar of Campaign Medal, the Iraq Campaign vestment by the United States Marine his community. Medal, the Global War on Terrorism Corps. Before starting a career in agri- Service Medal, the Army Service Rib- It so happens that one of the pilots, culture, Mr. Taylor demonstrated a bon, the Overseas Service Ribbon, the Major Brooks Gruber and his wife, strong commitment to our country as NATO Medal, the Air Assault Badge, Connie, and his little girl named a member of the Greatest Generation. the Combat Infantryman Badge, the Brooke live in the Third District of Mr. Taylor was a prisoner of war fol- Expert Infantryman Badge, and Senior North Carolina, which I represent. The lowing the Battle of the Bulge in Ger- Parachutist Badge. pilot was Colonel John Brow. His wife, Trish, and his sons Michael and Mat- many. For his service, Mr. Taylor b 1910 earned a Purple Heart and a Prisoner thew live in California, Maryland. On July 5, the life of Lieutenant of War Medal. Connie contacted me. I want to read, Colonel Tisdale was remembered at Mr. Taylor started out as a tenant Mr. Speaker, what she said. These are Central Baptist Church of Bryan, farmer growing corn and soybeans. taken from a full letter, but I’ll read Texas, and he was later laid to rest at Soon after he moved to Hickory Ridge, just parts of it to make my point to- the Aggie Field of Honor in College Arkansas, he bought an 850-acre farm night: Station, Texas. General James Jones is fully aware of my and established Taylor Seed Company. In response to the activities of an ex- Today Mr. Taylor farms over 3,000 concerns and has apparently supported Gen- tremist group that protests at Amer- erals Nyland and Hough in denying my re- acres and grows, processes, stores, and ican military funerals, over 600 college quest for a ‘‘no fault’’ amendment to my sells rice, soybeans, oats, and wheat students and community members, a husband’s accident report. He has refused to seed to farmers throughout Arkansas. majority of them Texas Aggies, came help me. That is exactly the reason I felt it By devoting his entire operation to together to form a ‘‘Maroon Wall’’ to necessary to contact you as well as other respected leaders. seed production, Mr. Taylor is able to prevent those protests from disrupting produce a very high-quality product. the funeral and burial. America should She further stated in that letter to Mr. Taylor and his wife, Ella, raised be proud of this community of patri- me: six children on their farm and in 1969 otic and respectful Americans that My husband’s life was sacrificed for the Os- were named the State’s Farm Family came together to honor the service and prey, the Marine Corps, and for this Nation. I hope you understand why I cannot allow of the Year. He has been an active sacrifice of Lieutenant Colonel Tisdale member of the Cross County Farm Bu- his good name to be sacrificed, too. Please and ensure that he was given the re- remember, these 19 marines can no longer reau board of directors since 1952 and spect that he deserved. served as president for 3 years. The speak for themselves. I certainly am not Our thoughts and prayers are with afraid to speak for them, and I believe that Taylors are also active in their com- the family and friends of Army Lieu- somebody has to. Even though it is easier munity, local schools, and the Hickory tenant Colonel Roy Tisdale. He will put to rest and forgotten, please join me in Ridge Missionary Baptist Church. forever be remembered as an out- doing the right thing by taking the time to Congratulations, Mr. Taylor. standing soldier, husband, and father. address this important issue. Given the controversy of this aircraft and f We thank him and his family for their the Marine Corps’ vested interest, surely service and sacrifice for our country. CLEARING THE NAMES OF JOHN there is an unbiased, ethical way to right- His sacrifice reflects the words of Jesus BROW AND BROOKS GRUBER fully absolve these pilots. Please help me by in John 15:13, ‘‘Greater love hath no not only forwarding my request but by also The SPEAKER pro tempore (Mr. man than this, that a man lay down his supporting it. FARENTHOLD). Under the Speaker’s an- life for his friends.’’ Mr. Speaker, I tonight want to show nounced policy of January 5, 2011, the Continuing a distinguished heritage the face of the pilot. Again, for those gentleman from Texas (Mr. FLORES) is of military service for our country, that might be watching this tonight in recognized for 60 minutes as the des- Lieutenant Colonel Tisdale is the 27th their homes, this is an Osprey, the V– ignee of the majority leader. Texas Aggie to die in the service of our 22. At the time of this accident there HONORING LIEUTENANT COLONEL ROY TISDALE country since 9/11. He, like tens of were many, many questions. And I will Mr. FLORES. Mr. Speaker, on June thousands of Aggies before him, an- touch on those questions in the next 28, America lost another hero, Army swered ‘‘Here,’’ when his country few minutes, Mr. Speaker. But this is Lieutenant Colonel Roy Lin Tisdale. called. the pilot. His name is Colonel John Lieutenant Colonel Tisdale grew up God bless our military men and Brow. The copilot is Major Brooks in Alvin, Texas, and went to Texas women, and God bless America. Gruber. He is to the left of the poster A&M University, where he was a mem- I yield back the balance of my time. of John Brow. ber of the Corps of Cadets. After grad- The SPEAKER pro tempore. The gen- Mr. Speaker, I cannot continue to- uating from Texas A&M in 1993, he was tleman from North Carolina (Mr. night without letting the American commissioned as an Army infantry of- JONES) will control the remainder of people know that shortly after the ac- ficer. He served two full tours in Iraq, the hour. cident there were three marines there

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11458 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 from New River, which is in my dis- is deceased—and God rest his soul— press release stated, on July 27 of 2000— trict of eastern North Carolina. These Mike Wallace did a major ‘‘60 Minutes’’ April 8 was the accident. This is a three investigators, Colonel Mike Mor- piece on this accident 2 years after it quote that gave the problem: gan—and I will mention his name sev- happened. Unfortunately, the pilots’ drive to accomplish that mission appears to have been the eral times in the next 30 minutes—and b 1920 also Colonel Ron Radich and Major fatal factor. Phil Stackhouse were sent to Arizona And yet everything in that ‘‘60 Min- Mr. Speaker, I’m going to read that the day after the accident. Nineteen utes’’ showed that these fellows were again. This is the press release from marines were killed and the two pilots put into a situation that they were not the United States Marine Corps after that I just mentioned. These three ma- trained for, they did not know how to this tragic accident in Arizona. rines were sent there by the Marine react to—an issue called vortex ring Unfortunately, the pilots’ drive to accom- Corps to investigate the accident. And state. And I’ll touch on that in just a plish that mission appears to have been the they wrote what is called the JAGMAN moment. fatal factor. report. The real tragedy of all this is all the Mr. Speaker, again, I want to thank This is what the two wives are ask- families want is an official document Colonel Mike Morgan, Retired. I want ing. The lawsuits are over—and I’ll that will say their husbands are not at to thank Colonel Ron Radich, Retired, touch on that in just a moment. Bell- fault. and Phil Stackhouse, Major, Retired, Boeing settled for millions of dollars to Mr. Speaker, it’s gotten kind of iron- for joining me in trying to clear the the 19 marines and their families. And ic to me because we have spent 10 names of these two pilots. all the two wives have been asking for years—I’m not going to try to say to It so happens in a recent email from 10 years is a clarification of whether you tonight, Mr. Speaker, or to anyone Colonel Morgan, one of the three inves- their husbands were at fault or not at that might be watching that we have tigators, I read his quote: fault. And I’m going to show you to- spent every day, every week, every This is the crux of the issue; there is noth- night, Mr. Speaker, in the next 30 min- month for 10 years, but this has been a ing in the JAG investigation that says that the pilots are at fault. If you change ‘‘pilots’’ utes that the pilots were not at fault. 10-year effort to do what is right for these two marines who gave their life to ‘‘flight leaders,’’ the statement, in my All they would like of the United opinion, is correct, and the investigation so States Marine Corps, which I have for this country. much as brings that out. I got very frustrated in March of 2010. great respect for, is to issue a letter on Why is it clear to the Blue Ribbon I could not get the response from the the Commandant’s stationery that panel that was set up after this acci- Marine Corps that I would hope—not says Lieutenant Colonel John Brow, dent and not the Commandant of the for me because I’m a Member of Con- pilot, was not at fault for the accident Marine Corps’ office? Because at that gress, but for the wives and the chil- on April 8, 2000, at Marana, Arizona. time the Blue Ribbon panel was not dren to clear the names. I contacted Then, what Connie Gruber would like, worried about fielding a new and con- Trish Brow. I said, Trish, I need some the wife of the copilot, Major Brooks troversial aircraft, which I just talked help. I don’t know who to contact, but Gruber, is that her husband was not at about Dick Cheney’s being opposed to somebody has to join me in this effort, fault for the accident that killed 19 ma- it. This was the second plane behind a because I don’t think I can get it done rines. Mr. Speaker, again, the lawsuits lead plane. It was Nighthawk 71 and by myself. are over. Everything has been settled. Nighthawk 72. Nighthawk 72 crashed. But all the two wives want is their hus- Mr. Speaker, I’ve always given credit In the official report that Lieutenant bands to lie in that grave and not feel to God for anything that I did that was Colonel Morgan made reference to, the that they’re responsible for that acci- worthwhile, but I needed the help. She JAGMAN report, and I want to read dent because, Mr. Speaker, they were said, Have you ever spoken to Colonel this, Mr. Speaker, the official not responsible. Jim Schafer? He was a friend of John JAGMAN investigation was released in I want to thank Congressman STENY Brow and a friend of Brooks Gruber, the following months, and the inves- HOYER from Maryland for joining in and he was in the air. There were four tigators, Morgan, Stackhouse, and this effort because John Brow’s wife, V–22s flying, and he was one of them. Radich, testified by saying, and I Trish, and her sons, Matthew and Mi- So I called Colonel Jim Schafer, and quote, Mr. Speaker: he said to me, Congressman, whatever chael, live in California, Maryland. During this investigation, we found noth- They’re his constituents. I want to I can do to help you clear the names of ing that we would characterize as negligent, thank NORM DICKS from the State of these two pilots, I will do it. deliberate pilot error or maintenance/mate- Washington. I’m sorry that he’s not He joined us, and, in fact, in the year rial failure. running for reelection. He’s a very fine 2011, he and I made a presentation to Mr. Speaker, the word ‘‘deliberate’’ gentleman and a Member of the House. the Commandant of the Marine Corps. bothered me so much that I wrote to But he’s decided not to run for reelec- And I thought Jim Schafer did a mag- Colonel Morgan, and I said, Sir, would tion. He has joined and said, Let us nificent job. With tears in his eyes, he you please explain why you used the help you. told the Commandant that these fel- word ‘‘deliberate’’? And I’ll read his Mr. Speaker, a lawyer for the two lows had not been trained, they were comments back to me, Mr. Speaker: families, Jim Furman, in Texas, who not equipped, the plane had no warning My personal feeling and opinion supported defended these two pilots and won the system to the vortex ring state which by my interviews with the lead flight crew is major award from Bell-Boeing, which affects the nacelles on the twin en- that the mishap aircraft—— has not been made public, and cannot gines. So therefore, he said, What can I That’s 72 now, these two men were be—they settled with the two wives of do? flying it. John Brow and Brooks Gruber—Jim I’m sorry. But, at that time, we were —had no idea they had exceeded any flight Furman has joined us and said their not convincing enough to the Marine parameters. They were merely trying to re- names need to be cleared. They were Corps to give the wives the two letters. main in position on a flight lead trying to not at fault. In addition, the attorney Mr. Speaker, I’d like to share with salvage a bad approach. for the 17 marines who were killed in you that what created the problem Mr. Speaker, what he is saying is the back of that plane, Brian Alex- after the accident on April 8 was actu- that these two men, in a new experi- ander and his associate, Francis ally the press release by the United mental airplane, were following behind Young, in New York, have joined. Peo- States Marine Corps. The Commandant on a mission that never should have ple like Phil Coyle have joined. Rex at the time—a very fine gentleman, been ordered by the Marine Corps to Rivolo has joined. These were experts I’ve met with him several times. I begin with. These two men are in the within the DOD system that knew this think the world of him. We are not re- second plane. They are following the plane and know that these gentlemen lated, even though my name is Jones— lead. The lead got into trouble, and were not at fault. And even though he was Commandant Jim Jones. But the they followed the lead.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11459 That is why I want to repeat again, I’m going to just skip from one para- ter, but he will not be here—he can- Mr. Speaker, Lieutenant Colonel Mor- graph to another. ‘‘This includes, for not—but his letter will stand to speak gan, the word ‘‘deliberate’’: example, compressed testing and eval- for him. My personal feeling and opinion supported uation’’—that means they did not do The Marine Corps has agreed to give by my interviews with the lead aircraft is the test on this issue of vortex ring us a meeting with the representative of that mishap aircraft had no idea they had state; they had no way to evaluate it the Marine Corps and try to come up exceeded any flight parameters. They were because they didn’t test it—‘‘created with some language that will be ac- merely trying to remain in a position of a ceptable to the two families. I’m going flight lead trying to salvage a bad approach. by deadlines, funding, and maintenance; the omission of important test- to ask the commandant of the Marine Mr. Speaker, he further states, and ing and evaluation missions; the ac- Corps—I doubt if he will do it—but do let me read this for the RECORD, please, tions of the lead aircraft in the section; something right for the Corps that so sir: and lack of understanding how vortex many American people, including my- Brow and Gruber did nothing but try to self, have the greatest respect for; maintain position on their flight lead. Did ring state/power settling would actually effect the Osprey in real-world sit- bring the two wives and their children they fail to recognize they were in a dan- to your office and say: I have an offi- gerous situation? Absolutely. Were they uations and simulated real-world train- properly trained for such a situation? Abso- ing.’’ cial letter for you that will clearly lutely not. Mr. Speaker, this is the whole thing. state that your husbands were not at Mr. Speaker, that’s why this 10-year I’ll close on Mr. Stackhouse, and then fault for this accident. Mr. Speaker, I journey has meant so much to me. I did I will read two others very quickly. hope that’s what will come from this not know these men. I know the fami- Stackhouse, one of the investigators, meeting in the next couple of weeks. It’s one of those things in life that lies now. But these marines were in the said: Members of Congress get involved in cockpit of a V–22, an experimental air- For any record that reflects the mishap that you don’t ask for, but you feel plane that Bell-Boeing did not do the was a result of pilot error, it should be cor- that there’s a reason that someone has research that they should have done to rected. For any publication that reflects the come to you and said, my husband can- prepare these men for what was com- mishap was a result of pilot error, it should be corrected and recanted. not defend himself anymore, yet being. Again, the problem is called vortex cause of one press release that indi- ring state. This is pretty well known in Again, this is one of the three investigators. I’ll read the others very cated these pilots were descending too airplanes, but, Mr. Speaker, not in the quickly, they did not know what they Osprey in these nacelles. It was not quickly, Mr. Speaker. This is from Mike Morgan. He supports my effort to were doing at the time, there was no fully understood. indication on their software panel that In fact, Tom Macdonald, experi- clear the names of John Brow and they were in trouble. So my hope is, mental pilot for Bell-Boeing, spent 700 Brooks Gruber. He further states that: Mr. Speaker, that the Marine Corps hours, Mr. Speaker, 700 hours trying to The judge advocate general (JAG) mishap report, and over 20 binders of evidence pro- will give Connie Gruber and Trish Brow figure out after this crash: What do what they’re asking for. you do? How do you react? How do you vided, clearly focuses on the consequences of encountering vortex ring state in a tilt-rotor Mr. Speaker, because I want to give respond to vortex ring state? God credit if we ever clear the names of Mr. Speaker, what is so sad is they aircraft and questionable flight management of Nighthawk 72 (lead aircraft) as the key these two pilots, I’ve asked God to now have warning systems on the soft- contributing factors, among many. In my please give me the energy and the ware. They have even a voice that opinion, as a former USMC weapons and tac- strength to go with Connie Gruber and comes on the helmet that says sync, tics instructor/flight leader/mission com- her daughter Brooke down to Jackson- sync, sync, meaning you’re in trouble, mander, John Brow and Brooks Gruber per- ville, North Carolina, to the grave of react, react. Brow and Gruber had none formed as model wingmen on this mission. her husband and Brooke’s father. I of that information. In fact, the They were doing exactly what is expected of a wingman on a tactical flight. want to say to Major Gruber: Sir, no NATOPS manual that was in their lap one will ever question your integrity or the moment before they crashed and Mr. Speaker, the reason for reading your honor again. It has been done. burned, it had one page and a para- that is that I want to restate that the You can rest in peace because you graph on vortex ring state. And, Mr. three investigators of the V–22 crash, won’t be blamed. Speaker, it was written by an Army they know John Brow and Bruce Then, Mr. Speaker, I want to go with helicopter pilot who had never been in Gruber were not at fault. Trish Brow to Arlington Cemetery, and the V–22. Mr. Speaker, I am a man of strong re- I want to stand with Matthew and Mi- Mr. Speaker, now the NATOPS man- ligious faith, but I cannot imagine chael, the two young boys that never ual that the V–22 pilots have is six being the pilot and copilot, with 17 got a chance to know their daddy— pages about vortex ring state and how young marines sitting in the back of they’re young men now, they’re in you react to that ring state. your plane, and all of a sudden you are their early twenties, college students— hit with a situation that you don’t un- b 1930 and I want to say the same thing to derstand. You don’t know how to react, Mr. Speaker, I’m just going to take a Colonel Brow: Sir, your reputation is you’ve never been trained, you have no secured. You will not be blamed any few more minutes, and then I will close warning system, but something’s not tonight. I want to thank the staff for longer for that crash on April 8. Mr. right as that plane is beginning to Speaker, with that, I will know that I staying late for me to have this oppor- shake. These gentlemen did everything have fulfilled my duty as a Member of tunity, but I do want to restate what that they could. John Brow and Brooks Congress. I will fulfill my duty as a the investigators are saying. Gruber, they did everything they could I contacted them and asked them if man who believes in the truth and in- do to save that flight, and yet it was tegrity. It is very important in my life. they would be willing to write me a let- out of their control because they had ter that I could use in trying to clear And I will be able to say to Connie and not been trained. They flipped; and on to Trish, if ever anybody prints again the names of John Brow and Brooks April 8, a very unbelievable fire took Gruber. I’m going to read just a few that your husband was at fault, you place when that plane hit. have an official document to call that parts of this, and then I’ll close in just All the wives are asking for is one of- newspaper, call that TV station, call a few minutes, Mr. Speaker. ficial document from the Marine Corps. This is from Phil Stackhouse: that reporter and say, Sir, I want a re- Mr. Speaker, I must say before I close traction. I will send you a copy of the I do not believe that it would be a surprise tonight that I want to thank the Ma- to anyone that it is my opinion the mishap documentation that says that my fa- was not a result of pilot error, but was the rine Corps. They have agreed to meet ther—that my husband and my friend’s result of a perfect storm of circumstances. with the two investigators—the third husband were not at fault. During the conduct of the investigation, we one lives in California, Ron Radich. I The reason I almost said ‘‘father,’’ as collected some 20 binders of evidence. want to thank him for his strong let- I’m closing, Mr. Speaker, I will tell you

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11460 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 that 4 or 5 years ago I was in Jackson- uary 5, 2011, the gentleman from Cali- ties that the American middle class ville, North Carolina. Connie Gruber fornia (Mr. GARAMENDI) is recognized has counted on, specifically, manufac- invited me to a fall reunion at the for 60 minutes as the designee of the turing in America. church. I had a chance to meet Bruce minority leader. Once, 20 million Americans and their Gruber’s father, the major from Jack- Mr. GARAMENDI. Mr. Speaker, be- families were in the manufacturing sonville, North Carolina. That gen- fore we start on our dialogue—I expect sector. They enjoyed a good salary. A tleman lives in Naples, Florida, with to have my colleague from New York good hourly wage was available to his wife, and he came out and we here in a few minutes—I want to thank them such that one individual in that spoke. He had tears in his eyes. Mr. my colleague from North Carolina, family working in the manufacturing Speaker, he fought in Korea for this WALTER JONES. sector was able to support the family, country as a marine, and he said with Mr. JONES, every day and every week own a home, take a vacation, buy a tears in his eyes: Congressman, I want you speak on this floor about the Af- boat, provide for the college education. to thank you for trying to clear my ghanistan war and previously about That is not the case today. Only 11 mil- son’s name. I said, Mr. Gruber, I will the Iraq war, and you carry a message lion and a few thousand beyond that accept your kind words on behalf of my that is extremely important, one that I are actually engaged in manufacturing savior, Jesus Christ, because Christ agree with, and one that I would hope in America today. was a man of humility, and I try to that our colleagues here in Congress So what happened to the 9 million? walk in the light of Christ. would take up this issue in a very They lost their jobs. Those jobs dis- If we ever accomplish anything for strong and determined way to bring appeared, not from the Earth, but dis- this country, no matter what faith my this Afghanistan war to an end. appeared from America. They went colleagues might be, just remember I thank the President for bringing overseas. They were outsourced. Amer- that accomplishing truth and integrity the Iraq war to an end. And now there’s ican jobs were outsourced. for John Brow and Brooks Gruber will yet another task for all of us to do, and Why? Well, they’d like to say it’s be God’s will and not mine. That gives that is to end this continued use and simply the nature of the free market me one thought, and then I will close. abuse of the American soldiers. They system, and, indeed, that’s part of it. Voltaire said 1,000 years ago: endure much, and it’s time for us to But that’s not all of it. A major part of To the living we owe respect, but to the bring them home. it had to do with specific tax policies dead we owe only the truth. We thank them for their service. We and other manufacturing industrial Mr. Speaker, as I always close on the see them as they return. policies that were enacted by Congress floor of the House, because it’s time to Some of my colleagues and I are and remained on the books for some 20 get our troops out of Afghanistan, working on a major effort to try to years or more. they’ve done their jobs, bid Laden is deal with more than 365,000 of those We need to address that issue be- dead, al Qaeda has been dispersed men and women that have returned cause, if, in fact, it is the policies of around the world, it’s time to bring that are suffering from posttraumatic this Congress and previous Congresses them home. I’ve seen too many at Wal- stress syndrome, dealing with every- that have led to the great outsourcing ter Reed and Bethesda without legs and thing from suicides to depression and and decline of the American manufac- arms. other issues as they return home, and turing sector and, along with it, the many of them still in the military American middle class, then there’s b 1940 dealing with those issues. something that we can do about it. Spending money we don’t have over We also have the traumatic brain We make laws. We establish policies. there, cutting programs for children issues, and so there’s much to be done. And if we find that there are policies and senior citizens here in America, I And there will be much more to be that are contrary to the good ability of don’t know, it doesn’t make any sense. done for those that are currently suf- the American economy to prosper and But on behalf of the families that I fering. And the longer this war in Af- the middle class to prosper along with talked about tonight, Colonel John ghanistan continues, the more men and it, then we ought to change those poli- Brow’s family, Major Brooks Gruber’s women will be suffering from all sorts cies. That’s what the Make It In Amer- family, and all of our men and women of medical, physical, and mental ica agenda is all about. in uniform and their families across issues. The Make It In America agenda is the world, I will close and yield back. So, WALTER, thank you so very much specifically designed to rebuild the I ask God to please bless our men and for what you’re doing here on the floor American manufacturing sector. This women in uniform. I ask God to please day in and day out and reminding us is an issue that’s been taken up by the bless the families of our men and that it’s time for us to end this war. Democratic Caucus, led by our Minor- women in uniform. I ask God to hold in What I want to spend some time on ity Whip, Mr. HOYER, and carried on by His loving arms the families who have today is really talking about America’s my colleagues and I. So we’re going to given a child dying for freedom in Af- middle class. The middle class in talk a little bit about that. ghanistan and Iraq. America has suffered. For the last 25 I notice that my colleague from New I ask God to please bless the House years, the American middle class’s cir- York (Mr. TONKO) has joined us. Mr. and Senate, that we will do what is cumstances have stagnated, and in the TONKO, we were going to start out on right in the eyes of God for God’s peo- last 5 years—actually, 6 years—have health care, but we kind of morphed ple today and God’s people tomorrow. seriously declined. We’ve seen this in into the issue of the American manu- And I will ask, from the bottom of the statistics. We’ve seen them in the facturing industry and the role of the my heart, God please bless President economic statistics. middle class. Obama that he will do what is right in The only way the American middle Now, the middle class, I went off on Your eyes, God, for Your people today class has been able to sustain its eco- manufacturing and the need to rebuild and Your people tomorrow. nomic position has been for both hus- that and the Make It In America agen- And, Mr. Speaker, with that I’ll say band and wife or children to join in da, but also, a key part of the inability three times, God, please, God, please, providing the income for the family. of the American middle class to sustain God, please continue to bless America. It’s no longer a single-person income itself is health care. And the Affordable I yield back the balance of my time. sustaining the American middle class. Health Care Act, which the Supreme f It is about our policies here on the Court recently confirmed was constitu- floor of Congress and the Senate that tional, is constitutional, is a major ef- HEALTH CARE AND MAKING IT IN has led to the decline of the American fort on the part of the Democratic Con- AMERICA middle class. Specific policies have gress and President Obama to provide The SPEAKER pro tempore. Under been enacted over the last two decades not only health care, but to lift up the the Speaker’s announced policy of Jan- that have hollowed out the opportuni- American middle class.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11461 So let’s hold, for a moment, the issue outcome and enhance it by addressing employer. Now, that’s a lot of money. of Make It In America. We’ll come an Affordable Care Act that impacts It’s calculated at about $4,000 per em- back to it in the latter half of this soundly and progressively and posi- ployee if you’re looking at an $8,000 or hour. But let’s take up the health care tively the small business community, $9,000 policy. So it’s really an impor- agenda, which I know you wanted to then we are doing something to in- tant opportunity. Why is that good for speak to initially. crease America’s growth in jobs. We do business? While you’re doing that, I’m going to it also by having the ability to provide Go ahead, Mr. TONKO. run and get a couple of placards that for various tax credits that go toward Mr. TONKO. I was going to say, too, show what it is we’re talking about. the small business community, espe- that many people will say, well, if the Please, Mr. TONKO, from the great cially for those that have 50 and fewer option is made available, which it is, State of New York, part of the East- employees. why would they choose that? Why West team. We have seen what an economic en- would they want to spend even if there Mr. TONKO. There you go. Always a gine the small business community is. is a tax credit made available? pleasure to join you on this House Since time beginning for this Nation, Think about it. The sound business floor. And thank you for leading us in the small business community has been community leader is going to want to a very important discussion this that pulse of American enterprise. It recruit, and when you recruit and get evening here on the floor. has been that predictor of soundness, of the best employees, you offer the best It’s important for us to recognize job creation, and of economic recovery. package, and you have, as a result, a that for our business community to If we treat the small business commu- soundness in your workforce. compete, and compete effectively, they nity with the respect and the dignity Mr. GARAMENDI. Exactly. need to be able to contain costs; they and the assuredness that it requires, we Mr. TONKO. So the management need to be able to have predictability have done something. We will be doing style is driving that sort of benefit so and stability in their day-to-day rou- something. that you will reach to the program so tine. And I think that the Affordable So, Representative GARAMENDI, I as to recruit and retain quality work- Care Act takes us toward those goals. think it is important to understand ers. I think that driving element will It is a predictable outcome. It enables and to outline that the Affordable Care influence it more than anything, and our small business community to have Act is the beginning of providing that then the tax credits will become part a sound and well workforce. foundation for the small business com- and parcel to that package, which, as munity to have a sound workforce, you suggest, can be as great as 50 per- b 1950 which is essential in this very competi- cent. This is a huge cost savings and a I know that that is in the ether of tive sweepstakes for jobs and landing sound policy to which they’re attach- the mind-set of our business commu- contracts in that international sce- ing. So I think it’s a benefit. nity in that they know a productive nario where we all compete for the Mr. GARAMENDI. Absolutely true. workforce begins with the soundness of right to serve the general public. In addition to that, because of the ex- a health care plan. We are the last in- Mr. GARAMENDI. Mr. TONKO, I am change situation, individuals as well as dustrialized nation to come to the really pleased that you brought that businesses find themselves in a large table to begin to resolve that dilemma, up. You have reminded me of a rather pool. and it has held back our business com- lengthy article from The Sacramento Now, I was the insurance commis- munity. What we will have with this Bee. I am from California. Sacramento sioner in California for 8 years in the important Affordable Care Act is the has one of the hometown papers, and nineties and then again in 2000 with an opportunity for exchanges to be devel- the Bee was writing a major article on 8-year hiatus in between. I understand oped, either along the State line or in the exchange. that, in insurance, for it to work, you a national setting, that enables us to In the Affordable Care Act, there is need a very large, diverse population so provide for the opportunities for busi- an insurance exchange, and California that the risk is spread. In the indi- ness and to do it in a way that is vastly was the first State in the Nation to fol- vidual market today, you can’t get improved over present situations. Sta- low up on the Affordable Care Act’s ex- that; but in the exchange, the concept tus quo, just about everyone agrees, change portion and to put in place a is to allow all of these individuals and will not cut it. It is unsustainable to law to build an exchange. Now, at least these small businesses to be part of a continue with a system of health care our Republican friends think that’s an very, very large pool so that they can delivery that we currently operate awful situation. Governor take advantage of the spreading of the under. Schwarzenegger, who was a Republican risk and, therefore, the lower cost and This, I believe, will be welcome news and is a Republican, signed that legis- the subsidy on top of that. for our business community. They will lation before he left office almost 2 One more thing. I was at a bagel have the opportunity to address this years ago now. shop. It was in the early morning, and dilemma which has found the business So this article is very effusive and I needed a cup of coffee and a bagel, so community, the small business com- upbeat about the establishment of an I stopped at a bagel shop. There was munity, to be paying anywhere from 18 exchange in that they expect to have it the owner and one or two employees— to 20 percent more than industrial set- online. What they talked about, a lot I think there were actually three. One tings and getting reduced services, or a of it, was of individuals who could get was in the back. I didn’t see that em- smaller bit of service package, than insurance in a large pool and have the ployee. We were talking about health the industrial setting would get. This same opportunities for reasonably insurance, and there was an excitement allows for better services at reduced priced policies as occurs in a big busi- by this employer because she could get premiums that will enable them to ness. insurance. So it’s the employer as well have that affordability factor ad- They also spent a lot of time talking as the two employees who were going dressed. To go to the marketplace with about small businesses. How correct to be able to get insurance. Previously, that operational motif is going to be, I you are that the Affordable Care Act she couldn’t. She was a single mother think, a very strong enhancer for the really offers small businesses an ex- with a new shop, opening it up—pretty competitive edge of the American busi- tremely important and heretofore un- good bagels and the coffee was very ness community. available opportunity to get insurance good. Now she can get insurance So underpinning, supporting the for the employer as well as for the em- through the exchange. It was a new small business community, is impor- ployees, and a very big subsidy is avail- shop, and income was going to be low, tant because, as we know, it is the able for those small companies that so she could also get the subsidy. For driver; it is producing the great major- choose to buy insurance. Up to 50 per- the first time in many, many years for ity of new jobs in the private sector in cent of the cost of the insurance could this woman—a divorcee whose husband America today. If we can take that be subsidized and costs reduced to the went one way and she went the other,

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11462 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 who lost the insurance—she can get in- way it ought to be. It’s very difficult The reason I did not support repeal of surance. for a person 50 and older to get back the health care bill both times we This is part of the Affordable Care into the workforce because of health brought it up was because I have the Act, and it is specifically designed in a insurance. fourth most Medicare beneficiaries of way to encourage businesses to provide With the exchange and the anti-dis- any district in the country. I have insurance and, in that process, as you crimination policies in the Affordable 135,000 Medicare beneficiaries. Many of say, to find the good employees and Care Act, which we call the Patients’ them are caught in the doughnut hole, keep them. It’s very exciting. Bill of Rights, they will be able to get what we have come to know as that Mr. TONKO. If I might add, I know back into the workforce. We’re talking gap in coverage in the Part D prescrip- that we want to get into the talk of job about people going back to work with tion drug program. We are now enter- creation, but if I might add some of the health insurance no longer being a bar- ing the third year of the phase-in to dialogue that has been developed in the rier to employment. completely close that doughnut hole. district I represent—and I’m sure it’s Mr. TONKO. Representative Already, people who are in the dough- not unique to the 21st District of New GARAMENDI, you cite a very awkward nut hole have received a $250 com- York. dynamic that can be used as a pre- pensation for coverage through the Again, there is this proliferation of existing condition: age. How about gen- doughnut hole. They’re getting a steep small business that has been the driv- der? There are more and more small discount on brand-name drugs. Moving ing force and that has really built our business startups that are women- forward, as I say in the years to come, economic recovery from this painful owned businesses, women working in a they’re going to completely close the recession. What you will hear time and small business situation as the em- doughnut hole and get coverage all the time again is, if I’m a small operation ployer. A preexisting condition is being way through. That’s something that of 10, 15, 20 people, one person—just one a woman. It is gender penalizing. would not have happened if we had re- There are many aspects, and the pre- person—in that workforce impacted by pealed the health care bill. existing condition is something that’s a catastrophic illness will throw the Small businesses all across the coun- getting more and more attention, espe- actuarial science into a frenzy. That try that struggle with the sky- cially in the weeks that accompanied means that your premiums will be ad- rocketing cost of health care that’s af- the decision of the Supreme Court. justed in a way that makes it difficult fecting every family and every business There was a lot of recognition of what as the employer to continue to afford in this country, they’re getting a tax was in the Affordable Care Act, and that insurance or to have the copay- credit to help offset the cost, to pro- preexisting conditions are now being ments from the employees. vide coverage, if they choose, to their denounced and not being allowed as a So, as you’re suggesting, if you enter employees. That’s something that’s reason, a rationale for denying insur- this large collection called an ‘‘ex- making a real difference in the district ance. That’s a prime aspect of the change,’’ in which many more numbers that I represent. They are being able to progress made here. cover people up to age 26. Often, they than 10, 15, or 20 work in this concept As I’ve said in my district: Is it per- are recent college graduates struggling together, it shaves those peaks, and fect? No. We aimed for perfection, and in the down economy. With the job the shock—the premium rate shock— we achieved success. We will continue market of today, the parents’ plan is that is dulled is a good thing. to work on this order of health care in being able to for a short period of time Mr. GARAMENDI. Let me take that a way that will continue to build the insure those young adults after they’ve a little further. progressive nature of the outcome. I wish I’d had this law when I was in- Mr. GARAMENDI. These are all part graduated from school and may be in surance commissioner because I used of the puzzle of putting people back to transition in their life or in the job to see this all the time when I’d get work. As I started this discussion, market. That’s making a real dif- complaints. We had a consumer hot- talking about the laws of America, the ference for people that I represent. For line, and we would take several thou- policies that have been enacted by this people with preexisting conditions— sand calls a week. We’d always get Congress and by previous Congresses children today and, beginning in 2014, these complaints about: They dropped and the way in which they impact the for adults—they will not be able to be my insurance. middle class of America, that impact denied coverage because of a chronic health condition. That’s something b 2000 has been devastating on the middle class for the last 20 years. It is our de- that’s long overdue in this country. And we get from businesses, They termination as Democrats to change Those are all things that have been im- dropped my insurance. Why did they the policies so that the American mid- plemented. They’re in the law today. drop the insurance? You said it right dle class can once again thrive, so that They’re taking effect, and they’re im- on target. Suddenly one of the mem- a family can enjoy the fruits of their pacting people. We can’t overlook that. bers of the workforce of a small group labor, and so that they can enjoy the The legal issues have been decided. of people had a significant illness. potential that America brings to them. This is settled law now. What we need When it came time for the annual re- I notice that we’ve been joined by our to do is make sure—especially with the newal—insurance is an annual thing colleague from Pennsylvania. Please, Medicaid ruling, which was not talked that is renewed every year—they heard join us. Thank you for coming in this about as much because the court fo- back, I’m sorry. We can’t renew you evening and sharing with us your cused on the mandate. But with the this year because we’re changing the thoughts. States being able to opt out on the market. All kinds of excuses. But the Mr. ALTMIRE. I thank the gen- Medicaid side, we have to find a way reality was there was one sick person tleman from California. for health care providers to be guaran- in that group. This law will end that. I was listening to the discussion, as I teed coverage for people who come to There’s also the opportunity for peo- often do, and I wanted to bring a per- their door, whether they be a hospital, ple that have become unemployed in spective to join that discussion, Mr. a physician, a long-term care facility, this economy to get a job, particularly Speaker, as they were both talking whatever it may be. When the health if that person happens to be 50 years or about health care. care bill was put into place, before it older. That person today has a pre- As one who did not support the became law, the deal that was made in existing condition called ‘‘age.’’ health care bill originally, I do think return for universal coverage covering They’re beginning to enter that part of it’s important to recognize, as has been people in this country was the pro- life where you’re going to have more happening in this discussion, what’s viders—all those provider groups I medical issues, and employers go, Wait working with regard to the health care mentioned—gave a little. They under- a minute. We don’t have a position for bill, what’s already been implemented stood they had to take some cuts to you. We’re not discriminating based on that’s making a real difference in peo- help offset the cost of that, the cost to age, but your resume isn’t exactly the ple’s lives. the government and to the taxpayer.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11463 Now the court has said that States can ized already billions of dollars of sav- takes place in a Presidential election opt out of part of that through the ings. There have been 5.3 million sen- year. We’re starting to head towards Medicaid program. We need to make iors that have received $3.7 billion in that time of the year when politics sure that those health care providers savings. trumps everything, and it’s unfortu- are able to keep their end of the bar- b 2010 nate because what gets lost is these are gain and the government keeps their real people. These are real Americans end of the bargain by finding a way to Is that something you want to take that are suffering in the job market. cover everybody. away? So when this House, with the Mr. GARAMENDI. Excuse me just for I did want to add that perspective majority, the three of us obviously said a moment. I noticed in our gallery two again as someone who didn’t originally no, but when the majority said repeal, gentlemen, soldiers, who are here, both support the bill. There are things that why? What’s the replacement? We of them wounded in the wars. This is are working and have been imple- didn’t hear replace, we heard repeal, part of a group that comes in here mented, and I commend both my and it left many stunned in this Cham- every day when we’re in session to friends from California and New York ber because the progress just begun to watch what we’re doing. They just for having the discussion tonight. be tasted was attempted to be pulled stepped out the door, and I wanted to Mr. GARAMENDI. Thank you very away, and it’s regrettable. catch them before they left to recog- much for joining us, and thank you for Mr. GARAMENDI. Well, we heard nize them for the services that they bringing that perspective. many, many things during that debate provide. They may come back in, in Twice, now, our Republican col- last week that are just, I think, incor- which case I will interrupt you again. leagues have voted for a full repeal of rect and inaccurate. Mr. ALTMIRE. Absolutely, I would the law, and you very correctly and, I One of them was that the Medicare agree. I had a chance to chat with think, almost totally pointed out the program was cut and benefits taken them earlier today, and there is no things that would disappear. The away from seniors. It didn’t happen. group that should stand ahead of our doughnut hole would open up again, What happened was that about $50 bil- Nation’s veterans when it comes time the preexisting conditions, the pa- lion a year of expenditures going to the to making Federal funding decisions, tients’ bill of rights would be gone, and insurance industry unnecessarily, an so I’m glad that they are joining us the insurance companies can then re- unnecessary bonus was removed, that today. engage in discrimination, as they have was about $160 billion, about $16 billion Mr. GARAMENDI. Well, they are so often. All those things that are very a year; and then there was the Medi- coming back, and I just want to, maybe positive would disappear. So we’re care fraud. That is a big problem and the three of us can simply recognize fighting fiercely to keep them. As Mr. other adjustments, but no reduction in them for the service that they provided TONKO, our colleague from New York benefits to seniors and, in fact, signifi- to this country. I suspect that, nor- has said, We will work through the cant increases. mally, I see a gentleman that’s always years ahead to improve and to deal Mr. ALTMIRE talked about those with escorting them here in the gallery. with the unknown issues that are cer- the drug benefit, as you did. There was Normally, they come back with some tain to arise. also the prescription drug savings, wound or another, and that’s difficult; We’ve got work ahead of us, and we which, Mr. ALTMIRE, you raised. We but I want them to know, and I would can do it. also know that every senior now has a ask you to join me in this conversa- Mr. TONKO. I just wanted to speak free annual health checkup, which is tion, to know that this House, Demo- to the issue that Representative ALT- an exceedingly important way of keep- crat and Republican alike, are deter- MIRE raised with the doughnut hole— ing seniors, well, anybody, healthy. mined to make sure that all of our men such a sweet label thrown onto a hid- You get a checkup—we got blood pres- and women that are returning from the den attack on our senior community, sure issues, diabetes issues, other kinds wars, and those that have served even asking them to dig into their pockets of medical issues—you get ahead of though they were not on the field of when they hit the threshold of $2,930 them, and then with the drugs you can battle, deserve both our respect and and up till they hit the threshold of keep ahead of them. There are many, whatever services they need, veterans $4,700. many improvements in the Medicare services, medical services, and a job. I can tell you painful, heart-wrench- program that are as a result of the bill. I thank them for coming here. ing stories that many of the seniors I Mr. ALTMIRE, I know that you have Mr. TONKO. represent—and again, I have a huge been spending a lot of time on these Mr. TONKO. Thank you, Representa- proportion of seniors in my home coun- issues, and I thank you for your par- tive GARAMENDI. Let me also thank our ty of Montgomery County, New York. ticipation here tonight. If you would military, our active forces out there as Many will reach that threshold early in like to expand on maybe some experi- we speak who are defending us in some any fiscal year. It’s a phenomenon with ences in your own district, go for it. very far-off places, deserted deserts and the prescription drugs. Those prescrip- Mr. ALTMIRE. I appreciate the gen- mountains that extract great courage tion drugs are their connection to qual- tleman opening the door for that issue, and commitment to this Nation and ity of life. It’s not only keeping them and health care is just one issue facing her cause. well and healthy; it may be keeping American families in the country You know, again, so many veterans them alive. There are far too many today. I know that this group that returning are looking for work. There heart-wrenching stories of people who meets periodically when we’re done ought not be a battlefield in their will cut their prescription or their pills with session to have these discussions, homeland to find a job, and it’s why in half so that they can balance their as I’m sure both of my colleagues do, the American Jobs Act makes it pos- budget. That is not the way to respond Mr. Speaker, I hear from people in my sible for businesses to realize benefits to their medical needs. They are told district after these discussions show up when they hire our veterans, when they by their physician what that prescrip- on people’s TVs. hire the active military that are re- tion drug intake is to look like for I hear from people all over the coun- turning, and that’s a commitment that their wellness or their getting well. We try, in fact, that say you need to con- ought to be understood by all of us. ought not cause them to be pushed to tinue talking about the job market, That’s a commitment that should be the brink where they actually adjust continue talking about infrastructure part and parcel to unanimity in this their intake of prescription drugs just repair, something we have talked about House. Let’s go forward with some- to meet a budget. at length, talk about health care, talk thing like the American Jobs Act. This closing of this doughnut hole, about issues facing small businesses Mr. GARAMENDI. Well, this is the making prescription drugs more afford- and working families in America, be- only thing that’s actually been done. able, where we finally in 2020 close it cause that’s something that I think When the President last September completely—I mean, people have real- gets lost in the politicization that proposed the American Jobs Act, the

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11464 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 second thing that he talked about was one of the great what-ifs, you know, ficial. But what if that had happened the veterans jobs bill, and it kind of one of the woulda, coulda, shouldas. last September? We lost half of a con- languished around here for a couple of What if back in September this House struction season and States and local- months. It was early September when had actually taken up the elements of ities were unable to plan and put in the President spoke. the American Jobs Act. There was, I place the projects that they needed to Then came this special day every think, almost 250,000 teaching jobs that put in place because of the dilly-dal- year called Veterans Day, and all 435 of were in this piece of legislation. There lying and the delay that went on here. us, we would go home, and we would go was also almost the same number of We’ll take some of the blame on our to the veterans parades and, lo and be- police and firemen and public safety of- side, but we don’t control the legisla- hold, we came back and we found com- ficers in the legislation. tion. It’s controlled by our Republicans promise, and we found bipartisanship It didn’t happen and so I know that here. Ultimately, they were unable to and the veterans jobs bill actually be- in my daughter and son-in-law’s own even put a bill out. The Senate did put came law shortly thereafter. school district there have been layoffs a bill out; and I thank Senator BOXER Mr. TONKO. But the full package because of the economic and financial from California, the lead author on could have been done, which allows for circumstances of the State of Cali- that, and the minority leader, and in even more opportunity for our veterans fornia, and the class size went from 22– her committee the two of them came if we’re hiring police officers and fire- 23 to 33–34, an extraordinary burden on together with a bipartisan bill. It fi- fighters and educators, teachers. We’re the kids. nally got done. We’re thankful for it. building the fabric of the Nation and When you’re in the second or third But the President wanted to go be- the infrastructure, the human infra- grade, you never get a chance to go yond that. He wanted to establish an structure that’s required to educate back and repeat. That’s a lost year, infrastructure bank, one where we our young, protect our neighborhoods, and that will carry through perhaps all could literally invest some public make certain that we’re there in re- the rest of your life, that you missed money, some private money, and go sponse efforts when tragedy hits. These that opportunity to really advance about building projects that have a are the things that can also in a broad- your education. cash flow, like a toll road or a sanita- er sense affect positively the employ- Just on the educational side, you go, tion plant or a water system where ment factors for our veterans. That full whoa, what if we had another 280,000 people pay a fee and there’s a cash flow package offered the greatest hope. teachers in the classroom across Amer- so that we can really build the infra- The fact that we would nitpick and ica today? How would that advance the structure of this Nation. But it didn’t that we would be pushed to pressure well-being of our children? I think it’s happen. points and finally acknowledge the very clear they’d be far better off, far Mr. TONKO. Representative work getting done is not the way to better off. But it didn’t happen. GARAMENDI, as you’re speaking, I’m achieve what we know has to happen Mr. TONKO. Representative thinking of those ‘‘golden moments’’ in out there. We’ve seen the growth, Rep- GARAMENDI, you’re offering a very pow- our history replete with those state- resentative GARAMENDI, of private sec- erful statement, a powerful challenge, ments made by the Nation—this Na- tor jobs, 29 consecutive months of pri- the what-if. tion—of investing, especially in tough vate sector job growth, well beyond 4 When you take that statement and times. million jobs. failure to commit to our Nation’s chil- You know my district. I’ve described It is a wonderful number, but still a dren and then contrast that with it several times. It’s the confluence of lot of work to do when we think of the what’s happening in competitor na- the Hudson and Mohawk Rivers and the Bush recession and the loss of 8.2 mil- tions, where they’re investing in edu- donor area to the eastern portions of lion jobs. Now people want to take us cation, investing in higher education, the Erie Canal. In very tough times, back to those failed policies that saw investing in research, investing in ad- Governor DeWitt Clinton proposed— us losing as many as 800,000 jobs a vanced manufacturing, these are the Mr. GARAMENDI. This was the Gov- month and say that’s the way to move challenges that are facing us as a governor from New York, not from Arkan- forward. That’s moving backward. We ernment, as a body, as a House of Rep- sas. need to move forward with efforts like resentatives. Mr. TONKO. Right. He proposed a the American Jobs Act. canal system, in tough times, saying b 2020 Mr. GARAMENDI. Mr. TONKO, before we need to invest our way through this. we carry further with the American And if we do not respond accordingly, There’s a way to grow a port out of this Jobs Act, I know that the two veterans we’re holding back the Nation. We’re town called New York. And there’s a who were here in the gallery were actually pushing us backward. This way perhaps that there will be a ripple headed out the door when I recognized discussion here in this House ought to effect, which there was, with the birth- them, I saw them leave and I wanted to be about moving us forward—moving ing of mill towns, a necklace of mill thank them for their service. I suspect us forward with progressive policy and towns that became the epicenters of in- that they were headed off to some investments of human infrastructure. vention and innovation. And it drove a other meeting, or wherever they were Mr. GARAMENDI. So the President westward movement so that it headed headed; and I don’t want to keep them also talked about building the founda- toward California. It drove an indus- here, but rather just to thank them for tion for tomorrow’s economic growth. trial revolution, sparking all sorts of their service and to know that 435 This is the infrastructure of the Na- opportunity and activity, driven by a Members of this House care deeply tion—a big word, but one that I think pioneer spirit that is unique to this Na- about your situation, what you’re deal- most Americans understand as being tion. ing with, and all of the others that are the roads, the bridges, the railroads, And our collection of stories of jour- in the field and have returned, in pro- the sanitation systems, the water sys- neys to this Nation with people em- viding the extraordinary service to this tems, the research, the schools. We de- bracing nothing but this noble dream— Nation. layed—I guess all of us, in some re- an American Dream—that transitioned Thank you very much, gentlemen. spect, but really the Republicans in a rags-to-riches scenario, that’s what Mr. TONKO. Yes. We are, in fact, this House controlled this—the transit’s all about. It’s us in our finest mo- very proud of their efforts and very portation bill. We delayed the imple- ments. And why not today, as we have proud of the training they endure to be mentation of the reauthorization of the these inordinate needs to invest in the able to be the greatest force on the transportation bill until the middle of people, invest in jobs, understanding globe, and so we thank them for that. the construction season. Just 2 weeks the dignity of work, underpinned by Mr. GARAMENDI. Exactly. ago, we actually passed a 2-year trans- the effervescence of the pioneer spirit Now the American Jobs Act had portation authorization program— that is, I think, part and parcel of our many, many pieces to it; and this is very, very important and very bene- DNA. It is within our fabric as a Nation

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11465 to have that pioneer spirit. We’re deny- the quality of life of peoples around the not there yet, but we’ve not given up ing it. We’re denying that spirit. world, we’re watching nanotechnology, on this. And one of the major pieces in Mr. GARAMENDI. Well, you just semiconductor science, advanced bat- this is what we call Make it in Amer- talked about history here. Actually, tery manufacturing, chips manufac- ica, because manufacturing matters. your Governor, DeWitt Clinton, really turing, a growth area happening within I know in your district you’ve been did lead a major infrastructure project. the capital region of New York, all talking a lot about this Mohawk Val- Now, California was the Gold Rush. It’s built upon, I think, a public-private ley and about this great history. I’m very interesting to go back through sector partnership, government in- not going to let you continue on with- the old writings; and the folks from the serted in a way that provides for the out saying, hey, I’m from California. East, New York and around, traveled priming of the pump that goes where And we know entrepreneurship, and we up the Erie Canal to the Great Lakes you absorb risk which, perhaps, the know about the next generation of jobs to Chicago and then from there on. And private sector won’t take. And we’re and the next innovation. But New York they also left—and these are my rel- now seen as a global center of oper- still is there, and we’ll vie with you for atives—the port of New York, which ations in certain areas. And it’s grow- the best in the Nation. was built as part of the infrastructure, ing and it’s expanding. Now is not the Mr. TONKO. Absolutely. And I see to travel to the Panama and then time to walk away from that progress. the order of progress, Representative across the Isthmus of Panama and then Now is the time to invest in these GARAMENDI, that we’ve achieved in up the coast of California. So my own dreams—these American dreams that that private sector that you just out- relatives took advantage of those two people have always seen as the noble- lined. And it’s regrettable that the so- infrastructure projects that you talked ness of the American saga. lution for which the President is call- about. Mr. GARAMENDI. I want to just pick ing to provide for the public sector However, your Governor was building this up. I do want to come back to our side, which would speak to greater off some of the work of the Founding manufacturing policies before we wrap numbers of employment, because we’ve Fathers. There’s a lot of talk around up here. But before we do, just to pull taken that 4 million-plus in the private here that there’s no role for govern- together the American Jobs Act that sector and reduced the overall results ment in the economy. Well, George the President proposed back in Sep- by losing some public sector opportuni- Washington disagreed. And his Treas- tember, A, folks, it did not increase the ties which speak to soundness of com- ury Secretary, Alexander Hamilton, deficit. munity, public safety, educating the disagreed. And they had a debate with b 2030 young, and providing for public protec- Jefferson, who thought that we ought tion out there. These are important as- The program was paid for, paid for by to be an agrarian State; and George pects of quality of life. They ought to changes in the tax policy of the United Washington and Hamilton thought be embraced. there was a role for industrial and for States, policies that the President con- So we’ve denied part of the Presi- manufacturing. And so George Wash- tinues to talk about today that we dent’s agenda. We’ve recognized the ington in his very first days as Presi- eliminate the tax benefits that go un- success and strength part of his plan, dent told Alexander Hamilton to put necessarily to the oil company, the oil but there’s been this partisan divide, together an industrial policy for Amer- industry. Some $5 billion to $15 billion there’s been this holding back on ica. And there were about, I think, nine a year of subsidy is going to the progress because perish the thought if points or maybe 12 points in that in- wealthiest industry in the world. Pull the White House should look good in dustrial policy. One of them was: build those back. And the extraordinarily this comeback from a recession. the infrastructure. It specifically said low taxes that have been available to canals and harbors. the super rich, the top 1 percent, re- Well, you need to place—we need to So this goes back to the very begin- store those to the Clinton era tax and place the public good, the Nation’s ning of our country. What the Presi- other tax proposals that he had made good, ahead of partisan divide. It is ab- dent wanted to do and what we Demo- so that the proposal was fully paid solutely essential. And to then criticize crats want to do is to build the infra- for—not decreasing the deficit but the President by restraining some of structure, the foundation upon which rather putting people back to work and the progress that he’s been trying to the economy grows. And we can do it. creating the jobs that are necessary to cultivate and saying he’s not cleaning We can pay for it because every dollar move the economy and to get the up the mess quick enough, well, there we invest in the infrastructure imme- American middle class back into the was a huge mess delivered just before diately turns around and develops $1.75 game so that they can prosper and so he assumed office—8.2 million jobs is a of growth in the economy. So it’s not that we can rebuild those American tough situation from which to walk money down a rat hole. It is money manufacturing jobs, the 9 million jobs forward from. And I think that there is that builds the foundation and then ex- in manufacturing that were lost be- a solution there, and we ought to work pands the economy immediately. It is tween 1990 and 2010. and put America first, the needs of this the very best way to put people back to Keep in mind that over the last 29 Nation first so as to be able to con- work immediately, together with edu- months, there has been private sector tinue to walk forward and not negate cation. job growth every one of those 29 any of the progress that we’re achiev- Mr. TONKO. The reach that we ought months. And so when people say, no, ing. to make to our history, to let it speak no, it’s not good; say, it’s not good Mr. GARAMENDI. Let me pick up to us, the reach we ought to make to enough, but at least it is happening. one of the issues the President has the boldness that we embraced in times Men and women are going back to been talking about recently, and we ac- that preceded us ought to speak to us, work in the private sector. The public tually worked on this more than a year ought to feed our soul, ought to feed sector continues to lose jobs and con- and a half, almost 2 years ago, and that our mindset. The courageous steps that tinues to shed jobs. But on the private was the tax policy. At the outset, I we were asked to take that we took to- sector job side, in part because of the talked about policies, tax policies gether as a Nation, committed to a policies we’ve been talking about here being one of them. American tax poli- cause, this is the sort of leadership and the inherent strength of the Amer- cies until December of 2010 actually al- that I think is required. The President ican entrepreneurial and business spir- lowed and gave to American corpora- is asking us to respond in very chal- it, people are coming back, not as tions a tax reduction, a tax break when lenging times to these orders of invest- strong as we want, but if the American they offshore jobs. Send a job oversees ment. Jobs Act were in place in its fullness, and reduce your taxes. Hello? How Now, I can tell you in my district, we would be moving towards a more could that be? the birthplace of the Erie Canal, mill balanced budget, reducing the deficit, I don’t know where it came from, but towns that have achieved and changed and putting people back to work. We’re that was the law of the land until the

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11466 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 Democrats, then in control of Con- put up solar programs or wind turbines. is not in order to bring to the attention gress, pushed through a piece of legis- The thing is, that’s our tax money. The of the House an occupant in the gal- lation that ended $12 billion a year of question is, where is it being spent? Is lery. tax breaks for corporations that it being spent on American-made offshored, sent jobs oversees. equipment, or is it being spent on for- f I will just note parenthetically that eign made equipment? All too often, not one Republican voted to end that those tax subsidies are used to pur- LEAVE OF ABSENCE extraordinarily damaging tax proposal chase foreign equipment. By unanimous consent, leave of ab- that rewarded companies with lower This piece of legislation which I’m sence was granted to: taxes when they offshored jobs. Not working on together with Mr. TONKO, Mr. PLATTS (at the request of Mr. one Republican voted to repeal that H.R. 613, basically says that if you’re CANTOR) for today on account of at- law. However, the Democrats stood to- using our tax money, for example, the tending a funeral. gether, the President signed that, and Highway Trust Fund tax money, for Mr. STIVERS (at the request of Mr. it is now the law. There is still about buses, trains, or building roads, then CANTOR) for today through July 27 on another 4, 5, maybe $6 billion of tax you must spend that money on Amer- account of military service in the Ohio breaks that companies get when they ican-made equipment. Similarly, with Army National Guard. offshore jobs. We’ve been working to solar and wind, if you’re going to get a Mr. REYES (at the request of Ms. eliminate those, and the President tax credit, if you’re going to use Amer- PELOSI) for today and for the balance of talks about it very often. He also talks ican taxpayers’ money to build some- the week on account of medical rea- about something that we should do, thing, then it’s going to be made in sons. and that is to reward the onshoring of America. We’re going to return the jobs. American manufacturing by using our f When companies bring the jobs back tax money on American-made goods home, they should receive a tax break. and services. ENROLLED BILL SIGNED When you want to send jobs offshore, Mr. TONKO, we’re nearing the end of Karen L. Haas, Clerk of the House, you should receive a penalty and cer- our time. Why don’t you take a run at reported and found truly enrolled a bill tainly ought not receive a tax reduc- wrapping? I get the last 30 seconds. You of the House of the following title, tion. Now, that’s good public policy. It take the next 90 seconds. which was thereupon signed by the Mr. TONKO. Let me do this quickly, hasn’t happened. We don’t control the Speaker pro Tempore, Mr. LEWIS of House of Representatives, and all tax Representative GARAMENDI. We’re the California, on Friday, July 13, 2012. bills have to start in the House of Rep- greatest nation in the world. I believe our greatest days lie ahead of us. Let H.R. 3902. An act to amend the District of resentatives. So we keep pleading with Columbia Home Rule Act to revise the tim- our Republican colleagues, please, us take our golden moments in history ing of special elections for local office in the please, give American corporations a when we were faced with heavy chal- District of Columbia. tax break when they onshore jobs, and lenges, where we responded accordingly end the remaining tax breaks for with the belief in the worker, belief in f offshoring jobs. the American way, the pioneer spirit, Mr. TONKO. Let me tell you, that is and did it in an order of investment. BILLS PRESENTED TO THE welcome news to my manufacturing Let those solutions-oriented mo- PRESIDENT base. I hear it all the time. They sup- ments speak to us today. We need the Karen L. Haas, Clerk of the House, port the efforts of the President to re- soundest of solutions, we need the re- reported that on July 2, 2012, she pre- ward those who produce jobs here in spect for the American worker, and our sented to the President of the United the U.S. and where we provide benefits greatest days lie ahead. It’s a spirit of States, for his approval, the following for returning jobs, onshoring them as optimism that we should embrace, a bill. you suggest. That is welcome news. history that ought to challenge, feed H.R. 4348. To provide an extension of Fed- That is welcome news to the manufac- us, and inspire us. With that, I thank eral-aid highway, highway safety, motor car- turing base, as is the call for action by you for yielding this evening. rier safety, transit, and other programs fund- the President for investments in ad- Mr. GARAMENDI. Well, Mr. TONKO, ed out of the Highway Trust Fund pending vance manufacturing. And I know thank you for joining us this evening. enactment of a multiyear law reauthorizing that’s compete and compete effec- I thank our two gentlemen from the such programs, and for other purposes. tively, and to allow for job growth to armed services who were here earlier. Karen L. Haas, Clerk of the House, come via the private sector base. And, yes, our best days do lie ahead. further reported that on July 16, 2012, We need to invest in that new day of It’s about public policies, it’s about the she presented to the President of the manufacturing. It is not dead. I refuse entrepreneurial spirit, and it’s about United States, for his approval, the fol- to submit to this notion that manufac- America’s desire to be the best. We’re lowing bill. turing is dead in this country. It is going to make it in America. We’re H.R. 3902. To amend the District of Colum- alive, it is well, and it needs to be ret- going to make it in America because bia Home Rule Act to revise the timing of rofitted so as to be advanced in nature we will, once again, make things in special elections for local office in the Dis- and in character. Let’s get moving for- America. We will rebuild the American trict of Columbia. ward, and let’s, again, reward those job middle class. creators, not paying people to offshore It’s about policy, it’s about the spirit f or send out of this Nation. Our hugest of America. It can be done and it will ADJOURNMENT export was jobs in the decade preceding be done, and we’re here to see that it this administration. does get done. Mr. TONKO. Mr. Speaker, I move Mr. GARAMENDI. You talk about re- Mr. TONKO, thank you for this that the House do now adjourn. ward and about tax policy, as was I. evening. The motion was agreed to; accord- And let me give you another one, and I Mr. Speaker, I yield back the balance ingly (at 8 o’clock and 39 minutes know that you and I are working on of my time. p.m.), under its previous order, the this together: tax policy. Right now we ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE House adjourned until tomorrow, provide, we Americans provide a tax The SPEAKER pro tempore. The Wednesday, July 18, 2012, at 10 a.m. for credit, a tax reduction, for those who Chair will remind all Members that it morning-hour debate.

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REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JANICE ROBINSON, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 20 AND MAY 27, 2012

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Janice Robinson ...... 5/20 5/21 Republic of Korea ...... 350.00 ...... (3) ...... 350.00 5/21 5/24 Peoples Republic of China ...... 1,224.00 ...... (3) ...... 1,224.00 5/24 5/26 India ...... 579.00 ...... (3) ...... 579.00 5/26 5/27 German Federation ...... 291.00 ...... (3) ...... 291.00 Committee total ...... 2,444.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JANICE ROBINSON, June 25, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, BARRY JACKSON, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 19 AND MAY 25, 2012

Barry Jackson ...... 5/19 5/22 Thailand ...... 417.00 ...... 15,680.00 ...... 16,097.00 5/22 5/25 People’s Republic of China ...... 1,422.00 ...... 1,422.00 Committee total ...... 17,519.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BARRY JACKSON, June 25, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, BARRY JACKSON, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 14 AND JUNE 18, 2012

Barry Jackson ...... 6/15 6/18 Egypt ...... 801.00 ...... 8,696.00 ...... 9,497.00 Committee total ...... 9,497.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BARRY JACKSON, June 25, 1012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE UNITED ARAB EMIRATES AND AFGHANISTAN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 1 AND JUNE 5, 2012

Hon. David Dreier ...... 6/2 6/3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 Hon. David E. Price ...... 6/2 6/3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 Brad Smith ...... 6 /2 6/3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 Rachael Leman ...... 6/2 6 /3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 John Lis ...... 6/2 6 /3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 Hon. David Dreier ...... 6/3 6/4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 Hon. David E. Price ...... 6/3 6/4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 Brad Smith ...... 6 /3 6/4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 Rachael Leman ...... 6/3 6 /4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 John Lis ...... 6/3 6 /4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 Committee total ...... 64,800.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. DAVID DREIER, June 29, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO DENMARK AND FRANCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 9 AND JUNE 12, 2012

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Cliff Stearns ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. James Costa ...... 6 /9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. John Duncan ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Mario Diaz-Balart ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Donald Manzullo ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Bill Huizenga ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Corrine Brown ...... 6 /9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Tim Holden ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0688 Sfmt 8634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11468 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO DENMARK AND FRANCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 9 AND JUNE 12, 2012—Continued

Janice Robinson ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Greg McCarthy ...... 6/9 6 /11 Denmark ...... 828.00 ...... (3) ...... 828.00 Ed Rice ...... 6/9 6 /11 Denmark ...... 828.00 ...... (3) ...... 828.00 Amber Garlock ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Steve Sutton ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Cliff Stearns ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. James Costa ...... 6 /11 6 /12 France ...... 324.00 ...... (3) ...... 324.00 Hon. John Duncan ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Mario Diaz-Balart ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Donald Manzullo ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Bill Huizenga ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Corrine Brown ...... 6 /11 6 /12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Tim Holden ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Janice Robinson ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Greg McCarthy ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Ed Rice ...... 6/11 6/12 France ...... 342.00 ...... (3) ...... 342.00 Amber Garlock ...... 6/11 6/12 France ...... 342.00 ...... (3) ...... 342.00 Steve Sutton ...... 6/11 6/12 France ...... 342.00 ...... (3) ...... 342.00

Committee total ...... 15,030.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. CLIFF STEARNS, June 29, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ESTONIA FOR THE NATO PARLIAMENTARY ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 24 AND MAY 28, 2012

Hon. Mike Turner ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. Carolyn McCarthy ...... 5 /24 5 /28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. John Shimkus ...... 5 /24 5 /28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. Mike Ross ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. Gus Bilirakis ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. Rob Bishop ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. David Scott ...... 5 /24 5 /28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Kelly Craven ...... 5 /24 5 /28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Riley Moore ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 David Fite ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Greg McCarthy ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36

Commitee total ...... 11,179.96

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2012

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. DOC HASTINGS, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2012

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. DAVE CAMP, Vice Chairman, July 12, 2012.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0688 Sfmt 8634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11469 EXECUTIVE COMMUNICATIONS, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the designate the Salt Pond Visitor Center at ETC. Committee on Ways and Means. Cape Cod National Seashore as the ‘‘Thomas 6941. A letter from the Chief, Publications P. O’Neill, Jr. Salt Pond Visitor Center’’, Under clause 2 of rule XIV, executive and Regulations, Internal Revenue Service, and for other purposes (Rept. 112–598). Re- communications were taken from the transmitting the Service’s final rule — Sec- ferred to the House Calendar. Speaker’s table and referred as follows: tion 3121 — Tips Included for Both Employee Mr. HASTINGS of Washington: Committee 6932. A letter from the Congressional Re- and Employer Taxes (Rev. Rul. 2012-18) re- on Natural Resources. H.R. 4073. A bill to au- view Coordinator, Department of Agri- ceived June 27, 2012, pursuant to 5 U.S.C. thorize the Secretary of Agriculture to ac- culture, transmitting the Department’s final 801(a)(1)(A); to the Committee on Ways and cept the quitclaim, disclaimer, and relin- rule — Importation of Dracaena Plants From Means. quishment of a railroad right of way within Costa Rica [Doc. No.: APHIS-2011-0073] (RIN: 6942. A letter from the Chief, Publications and adjacent to Pike National Forest in El 0579-AD54) received June 28, 2012, pursuant to and Regulations, Internal Revenue Service, Paso County, Colorado, originally granted to 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Service’s final rule — PTP- the Mt. Manitou Park and Incline Railway Company pursuant to the Act of March 3, Agriculture. COD Income (Rev. Proc. 2012-28) received 6933. A letter from the Administrator, De- June 27, 2012, pursuant to 5 U.S.C. 1875; with an amendment (Rept. 112–599). Re- ferred to the Committee of the Whole House partment of Agriculture, transmitting the 801(a)(1)(A); to the Committee on Ways and on the state of the Union. Department’s final rule — Tart Cherries Means. 6943. A letter from the Chief, Publications Mr. HASTINGS of Washington: Committee Grown in the States of Michigan, et al.; and Regulations, Internal Revenue Service, on Natural Resources. H.R. 3706. A bill to Final Free and Restricted Percentages for transmitting the Service’s final rule — Dis- create the Office of Chief Financial Officer of the 2011-12 Crop Year for Tart Cherries [Doc. regarded Entities and the Indoor Tanning the Government of the Virgin Islands, and No.: AMS-FV-11-0085; FV11-930-3 FR] received Services Excise Tax [TD 9596] (RIN: 1545- for other purposes; with an amendment June 28, 2012, pursuant to 5 U.S.C. BK39) received June 27, 2012, pursuant to 5 (Rept. 112–600). Referred to the Committee of 801(a)(1)(A); to the Committee on Agri- U.S.C. 801(a)(1)(A); to the Committee on the Whole House on the state of the Union. culture. Ways and Means. Mr. HASTINGS of Washington: Committee 6934. A letter from the Acting Adminis- 6944. A letter from the Chief, Publications on Natural Resources. H.R. 3404. A bill to es- trator, Department of Agriculture, transmit- and Regulations, Internal Revenue Service, tablish in the Department of the Interior an ting the Department’s final rule — Pis- transmitting the Service’s final rule — Cred- Under Secretary for Energy, Lands, and Min- tachios Grown in California, Arizona, and it for Carbon Dioxide Sequestration 2012 Sec- erals and a Bureau of Ocean Energy, an New Mexico; Order Amending Marketing tion 45Q Inflation Adjustment Factor [Notice Ocean Energy Safety Service, and an Office Order No. 983 [Doc. No.: AMS-FV-10-0099; 2012-42] received June 27, 2012, pursuant to 5 of Natural Resources Revenue, and for other FV11-983-1 FR] received June 28, 2012, pursu- U.S.C. 801(a)(1)(A); to the Committee on purposes; with an amendment (Rept. 112–601). ant to 5 U.S.C. 801(a)(1)(A); to the Committee Ways and Means. Referred to the Committee of the Whole on Agriculture. 6945. A letter from the Chief, Publications House on the state of the Union. 6935. A letter from the Administrator, De- and Regulations, Internal Revenue Service, Mr. HASTINGS of Washington: Committee partment of Agriculture, transmitting the transmitting the Service’s final rule — on Natural Resources. H.R. 3397. A bill to Department’s final rule — Domestic Dates Qualified Energy Conservation Bonds [Notice modify the Forest Service Recreation Resi- Produced or Packed in Riverside County, CA: 2012-44] received June 27, 2012, pursuant to 5 dence Program by implementing a simple, Order Amending Marketing Order 987 [Doc. U.S.C. 801(a)(1)(A); to the Committee on equitable, and predictable procedure for de- No.: AMS-FV-10-0025; FV10-987-1 FR] received Ways and Means. termining cabin user fees, and for other pur- June 28, 2012, pursuant to 5 U.S.C. 6946. A letter from the Chief, Publications poses (Rept. 112–602). Referred to the Com- 801(a)(1)(A); to the Committee on Agri- and Regulations Unit, Internal Revenue mittee of the Whole House on the state of culture. Service, transmitting the Service’s final rule the Union. 6936. A letter from the Chief, Branch of — Election to include in gross income in Mr. HASTINGS of Washington: Committee Listing, Department of the Interior, trans- year of transfer (Rev. Proc. 2012-29) received on Natural Resources. H.R. 3388. A bill to mitting the Department’s final rule — En- June 27, 2012, pursuant to 5 U.S.C. amend the Wild and Scenic Rivers Act to dangered and Threatened Wildlife and 801(a)(1)(A); to the Committee on Ways and designate a segment of the Beaver, Chipuxet, Plants; Designation of Critical Habitat for Means. Queen, Wood, and Pawcatuck Rivers in the Dusky Gopher Frog (Previously Mississippi States of Connecticut and Rhode Island for Gopher Frog) [Docket No.: FWS-R4-ES-2010- f study for potential addition to the National 0024] (RIN: 1018-AW89) received June 13, 2012, REPORTS OF COMMITTEES ON Wild and Scenic Rivers System, and for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PUBLIC BILLS AND RESOLUTIONS other purposes; with an amendment (Rept. mittee on Natural Resources. 112–603). Referred to the Committee of the 6937. A letter from the Branch Chief, Publi- Under clause 2 of rule XIII, reports of Whole House on the state of the Union. cations and Regulations, Internal Revenue committees were delivered to the Clerk Mr. HASTINGS of Washington: Committee Service, transmitting the Service’s final rule for printing and reference to the proper on Natural Resources. H.R. 3210. A bill to — Section 162(m)(4)(C) — Dividends and Divi- calendar, as follows: amend the Lacey Act Amendments of 1981 to limit the application of that Act with re- dend Equivalents on Restricted Stock and Mr. MICA: Committee on Transportation spect to plants and plant products that were Restricted Stock Units (Rev. Rul. 2012-19) re- and Infrastructure. H.R. 1171. A bill to reau- ceived June 27, 2012, pursuant to 5 U.S.C. imported before the effective date of amend- thorize and amend the Marine Debris Re- ments to that Act enacted in 2008, and for 801(a)(1)(A); to the Committee on Ways and search, Prevention, and Reduction Act; with Means. other purposes; with an amendment (Rept. an amendment (Rept. 112–584, Pt. 2). Referred 112–604). Referred to the Committee of the 6938. A letter from the Chief, Publications to the Committee of the Whole House on the and Regulations, Internal Revenue Service, Whole House on the state of the Union. state of the Union. Mr. HASTINGS of Washington: Committee transmitting the Service’s final rule — Ap- Mr. SMITH of Texas: Committee on the Ju- on Natural Resources. H.R. 2489. A bill to au- plicable Federal Rates — July 2012 (Rev. Rul. diciary. H.R. 4377. A bill to provide for im- thorize the acquisition and protection of na- 2012-20) received June 27, 2012, pursuant to 5 proved coordination of agency actions in the tionally significant battlefields and associ- U.S.C. 801(a)(1)(A); to the Committee on preparation and adoption of environmental ated sites of the Revolutionary War and the Ways and Means. documents for permitting determinations, War of 1812 under the American Battlefield 6939. A letter from the Chief, Publications and for other purposes; with an amendment Protection Program; with an amendment and Regulations, Internal Revenue Service, (Rept. 112–596, Pt. 1). Referred to the Com- (Rept. 112–605). Referred to the Committee of transmitting the Service’s final rule — Modi- mittee of the Whole House on the state of the Whole House on the state of the Union. fication to Consolidated Return Regulation the Union. Mr. HASTINGS of Washington: Committee Permitting an Election to Treat a Liquida- Mr. HASTINGS of Washington: Committee on Natural Resources. H.R. 4043. A bill to tion of a Target, Followed by a Recontribu- on Natural Resources. H.R. 1103. A bill to di- amend title 10, United States Code, to direct tion to a New Target, as a Cross-Chain Reor- rect the Secretary of the Interior to develop, the Secretary of Defense to establish South- ganization [TD 9594] (RIN: 1545-BI31) received maintain, and administer an annex in ern Sea Otter Military Readiness Areas for June 27, 2012, pursuant to 5 U.S.C. Tinian, Commonwealth of the Northern Mar- national defense purposes, and for other pur- 801(a)(1)(A); to the Committee on Ways and iana Islands, as an extension of the Amer- poses; with an amendment (Rept. 112–606, Pt. Means. ican Memorial Park located in Saipan, and 1). Ordered to be printed. 6940. A letter from the Chief, Publications for other purposes (Rept. 112–597). Referred DISCHARGE OF COMMITTEE and Regulations, Internal Revenue Service, to the Committee of the Whole House on the transmitting the Service’s final rule — In- state of the Union. Pursuant to clause 2 of rule XIII, the terim Guidance on Tips vs. Service Charges Mr. HASTINGS of Washington: Committee Committee on Natural Resources dis- Revenue Ruling 2012-18 received June 27, on Natural Resources. H.R. 4400. A bill to charged from further consideration.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11470 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 H.R. 4377 referred to the Committee of fense for the medical use of marijuana in ac- Congress has the power to enact this legis- the Whole House on the state of the cordance with the laws of the various States, lation pursuant to the following: Union. and for other purposes; to the Committee on Congress has the power to enact this legis- the Judiciary. lation pursuant to clause 3 of section 8 of ar- f By Mr. GEORGE MILLER of California ticle I of the Constitution. REPORTED BILL SEQUENTIALLY (for himself, Mr. HINOJOSA, Ms. RICH- By Mr. LIPINSKI: REFERRED ARDSON, Mr. POLIS, Ms. FUDGE, Ms. H.R. 6132. Under clause 2 of rule XII, bills and NORTON, Mr. GRIJALVA, Mr. BISHOP of Congress has the power to enact this legis- reports were delivered to the Clerk for New York, Mr. DAVIS of Illinois, and lation pursuant to the following: printing, and bills referred as follows: Mr. KUCINICH): Article 1, Section 8, Clause 3: The Congress H.R. 6135. A bill to increase transparency shall have Power * * * To regulate Com- Mr. ISSA: Committee on Oversight and and reduce students’ burdens related to merce with foreign Nations, and among the Government Reform. H.R. 459. A bill to re- transferring credits between institutions of several States, and with the Indian Tribes. quire a full audit of the Board of Governors higher education; to the Committee on Edu- By Mr. WESTMORELAND: of the Federal Reserve System and the Fed- cation and the Workforce. H.R. 6133. eral reserve banks by the Comptroller Gen- By Mr. MURPHY of Pennsylvania (for Congress has the power to enact this legis- eral of the United States before the end of himself, Mr. BROUN of Georgia, Mr. lation pursuant to the following: 2012, and for other purposes; with an amend- TIBERI, Mr. STIVERS, Mr. GENE GREEN Article I, Section 8, Clause 5 states ‘‘The ment (Rept. 112–607, Part 1); referred to the of Texas, Mr. GOHMERT, and Mr. ROSS Congress shall have Power . . . To coin Committee on Financial Services for a pe- of Florida): Money, regulate the Value thereof, and of riod ending not later than July 18, 2012, for H.R. 6136. A bill to amend the Congres- foreign Coin, and fix the Standard of Weights consideration of such provisions of the bill sional Budget Act of 1974 to require the Di- and Measures.’’ and amendment as fall within the jurisdic- rector of the Congressional Budget Office to By Mr. FARR: make all data and other information relating tion of that committee pursuant to clause H.R. 6134. to the estimating of the cost of legislation 1(h) of rule X. Congress has the power to enact this legis- available on its public website; to the Com- lation pursuant to the following: f mittee on the Budget. Article I, Sec. 8 [‘‘to regulate commerce’’], By Mr. DANIEL E. LUNGREN of Cali- TIME LIMITATION OF REFERRED and Amendment IV [‘‘to be secure . . . BILLS fornia (for himself and Mr. SERRANO): H. Con. Res. 132. Concurrent resolution against unreasonable searches and sei- Pursuant to clause 2 of rule XII, the providing funding to ensure the printing and zures’’], and Amendment VI [‘‘the accused following actions were taken by the production of the authorized number of cop- shall . . . have compulsory process for ob- Speaker: ies of the revised and updated version of the taining witnesses in his favor . . .’’]. By Mr. GEORGE MILLER of Cali- [The following actions occurred on July 16, 2012] House document entitled ‘‘Hispanic Ameri- cans in Congress’’, and for other purposes; to fornia: H.R. 1838. Referral to the Committee on the Committee on House Administration. H.R. 6135. Agriculture extended for a period ending not By Mr. MURPHY of Pennsylvania: Congress has the power to enact this legis- later than September 14, 2012. H. Con. Res. 133. Concurrent resolution au- lation pursuant to the following: H.R. 3283. Referral to the Committee on thorizing the use of the rotunda of the Art. 1 sec. 8, clause 1 and 3 Agriculture extended for a period ending not United States Capitol for an event to present By Mr. MURPHY of Pennsylvania: later than September 21, 2012. the Congressional Gold Medal to Arnold H.R. 6136. f Palmer, in recognition of his service to the Congress has the power to enact this legis- Nation in promoting excellence and good lation pursuant to the following: PUBLIC BILLS AND RESOLUTIONS sportsmanship in golf; to the Committee on This bill is enacted pursuant to the power Under clause 2 of rule XII, public House Administration. granted to Congress under Article I, Section bills and resolutions of the following By Mr. LIPINSKI: 9, Clause 7 of the United States Constitution. H. Res. 731. A resolution expressing the f titles were introduced and severally re- sense of the House of Representatives that ferred, as follows: clothing issued to athletes representing the ADDITIONAL SPONSORS United States of America should be made in By Mrs. BONO MACK (for herself and Under clause 7 of rule XII, sponsors Mr. BUTTERFIELD): America; to the Committee on the Judiciary. H.R. 6131. A bill to extend the Undertaking By Mr. FRANKS of Arizona (for him- were added to public bills and resolu- Spam, Spyware, And Fraud Enforcement self, Mr. SHERMAN, Mr. WOLF, Mr. tions as follows: With Enforcers beyond Borders Act of 2006, PITTS, Mr. CONNOLLY of Virginia, Mr. H.R. 139: Mr. SIRES. and for other purposes; to the Committee on SMITH of New Jersey, Mrs. HARTZLER, H.R. 178: Mr. WOMACK, Mr. REED, and Mr. Energy and Commerce. Mr. VAN HOLLEN, Mr. BURTON of Indi- GERLACH. By Mr. LIPINSKI (for himself and Mr. ana, Mr. BRADY of Pennsylvania, Mr. H.R. 181: Mr. WOMACK. JONES): JONES, Ms. BUERKLE, Mr. KELLY, Mr. H.R. 219: Mr. ROSS of Florida. H.R. 6132. A bill to amend the Federal char- CALVERT, Mr. BILIRAKIS, Mr. FORBES, H.R. 333: Mr. STIVERS, Mr. REED, Mr. ter of the United States Olympic Committee Mr. ADERHOLT, Mr. SCALISE, Mr. HAR- YODER, Ms. BONAMICI, and Mr. ISRAEL. to require the United States Olympic Com- RIS, Mr. SENSENBRENNER, Mr. H.R. 458: Mr. CLARKE of Michigan. mittee to ensure that goods donated or sup- POMPEO, Mr. WALBERG, Mr. MCIN- H.R. 459: Mr. PALAZZO. plied to athletes are substantially made in TYRE, Mr. CANSECO, Mr. LAMBORN, H.R. 574: Mr. SCHIFF. the United States, and for other purposes; to Mr. POE of Texas, Mr. PETERS, Mr. H.R. 639: Ms. BONAMICI. the Committee on the Judiciary. MARINO, Mr. HUELSKAMP, Mr. H.R. 687: Mr. SCHILLING, Mr. LANGEVIN, Mr. By Mr. WESTMORELAND (for himself SHULER, Mr. GOWDY, Mr. SIRES, and COFFMAN of Colorado, Mr. TIERNEY, Mr. STIV- and Mr. NADLER): Ms. ESHOO): ERS, and Mr. ISRAEL. H.R. 6133. A bill to provide clarity on the H. Res. 732. A resolution calling for the H.R. 694: Ms. RICHARDSON and Ms. HAHN. use of National Infantry Museum and Soldier protection of the rights and freedoms of reli- H.R. 726: Mr. WALDEN. Center Commemorative Coin surcharges, the gious minorities in the Arab world; to the H.R. 733: Mr. RIVERA, Mr. YODER, Mr. use of Abraham Lincoln Commemorative Committee on Foreign Affairs. TONKO, and Mr. DINGELL. Coin surcharges, and for other purposes; to f H.R. 860: Mr. FORTENBERRY, Mr. KISSELL, the Committee on Financial Services. Mr. LOEBSACK, Mr. ROGERS of Alabama, and By Mr. FARR (for himself, Mr. PAUL, CONSTITUTIONAL AUTHORITY Mr. BARROW. Mr. COHEN, Mr. ROHRABACHER, Mr. STATEMENT H.R. 894: Mr. LARSEN of Washington. FRANK of Massachusetts, Ms. LEE of Pursuant to clause 7 of rule XII of H.R. 905: Mr. NUGENT. California, Mr. HINCHEY, Mr. STARK, the Rules of the House of Representa- H.R. 930: Ms. TSONGAS. Mr. BLUMENAUER, Mr. MORAN, Mr. tives, the following statements are sub- H.R. 949: Mr. JOHNSON of Georgia. GRIJALVA, Mr. POLIS, Ms. WOOLSEY, mitted regarding the specific powers H.R. 965: Mr. LARSEN of Washington and Mr. WAXMAN, Mr. AMASH, Mr. RAN- Mr. MARKEY. GEL, Mr. MCGOVERN, Mr. GEORGE granted to Congress in the Constitu- H.R. 998: Mr. WATT. MILLER of California, and Mr. NAD- tion to enact the accompanying bill or H.R. 1005: Mr. LARSON of Connecticut and LER): joint resolution. Mrs. MCMORRIS RODGERS. H.R. 6134. A bill to amend title 18, United By Mrs. BONO MACK: H.R. 1032: Mrs. MYRICK and Mr. WESTMORE- States Code, to provide an affirmative de- H.R. 6131. LAND.

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H.R. 1063: Ms. MOORE. H.R. 4124: Ms. HIRONO. H.R. 6107: Mr. WESTMORELAND and Ms. H.R. 1172: Mr. DAVID SCOTT of Georgia. H.R. 4158: Ms. EDWARDS and Mr. MCCAUL. BORDALLO. H.R. 1265: Mr. SHULER. H.R. 4160: Mr. AMODEI. H.J. Res. 78: Mr. STARK. H.R. 1325: Mr. KINZINGER of Illinois. H.R. 4169: Mr. HASTINGS of Florida, Ms. H.J. Res. 90: Ms. DELAURO. H.R. 1327: Ms. RICHARDSON, Mr. MCINTYRE, MOORE, Ms. EDDIE BERNICE JOHNSON of H.J. Res. 110: Mr. WALSH of Illinois. and Mr. GARAMENDI. Texas, Ms. BROWN of Florida, Mr. CLEAVER, H. Con. Res. 87: Mr. CLEAVER. H.R. 1370: Mr. GOHMERT. and Mr. DOGGETT. H. Res. 134: Mr. HUIZENGA of Michigan and H.R. 1386: Mrs. CAPITO. H.R. 4170: Mr. CLAY. Mr. DENT. H.R. 1418: Mr. TURNER of New York. H.R. 4235: Mr. DEUTCH and Mr. FINCHER. H. Res. 285: Mr. BLUMENAUER. H.R. 1523: Mrs. DAVIS of California. H.R. 4238: Mr. WALZ of Minnesota. H. Res. 295: Mr. LATHAM. H.R. 1564: Mr. PASCRELL and Mr. FARR. H.R. 4248: Mr. ANDREWS. H. Res. 298: Mr. YODER and Mr. RANGEL. H.R. 1621: Mr. MICHAUD, Mr. WITTMAN, Mrs. H.R. 4342: Mr. CRAWFORD. H. Res. 341: Mr. YODER. SCHMIDT, Ms. RICHARDSON, Mrs. BLACKBURN, H.R. 4345: Mr. HARPER. H. Res. 351: Mr. HURT, Mrs. BLACKBURN, and Mr. MEEKS, Mr. CARNAHAN, Mr. BISHOP of H.R. 4373: Mr. GRIJALVA. Mr. ROE of Tennessee. Georgia, Mr. NUNES, Ms. JACKSON LEE of H.R. 4403: Mr. MANZULLO. H. Res. 484: Mr. AL GREEN of Texas. Texas, Mr. KIND, and Mr. TOWNS. H.R. 4405: Mr. SHIMKUS, Mr. ROSS of Flor- H. Res. 652: Mr. PAULSEN and Mr. ELLISON. H.R. 1648: Mr. MURPHY of Connecticut. ida, Mr. CARTER, Mr. RIVERA, Mr. CHABOT, H. Res. 662: Mr. WESTMORELAND. H.R. 1681: Mr. CROWLEY. and Mr. COBLE. H. Res. 687: Mr. VISCLOSKY. H. Res. 713: Mr. CLEAVER, Ms. LORETTA H.R. 1774: Ms. CLARKE of New York. H.R. 4818: Mr. KISSELL. SANCHEZ of California, Ms. CLARKE of New H.R. 1775: Mr. NUGENT, Mr. SCOTT of South H.R. 5195: Mr. HINCHEY AND MS. NORTON. H.R. 5542: Mr. WALZ of Minnesota, Mr. York, Ms. BALDWIN, Mr. COHEN, Ms. WATERS, Carolina, Mr. FORBES, Mr. SCHILLING, Mr. ISRAEL, Mr. DOYLE, Mr. KISSELL, Mr. GENE Ms. LEE of California, Ms. SPEIER, Mr. FRANK HEINRICH, Mr. WESTMORELAND, Mr. COFFMAN GREEN of Texas, Mr. BACA, Mr. DEFAZIO, and of Massachusetts, Mr. FATTAH, Mrs. of Colorado, Mr. KING of Iowa, Mr. SHULER, Ms. SEWELL. CHRISTENSEN, Ms. CHU, Mr. VAN HOLLEN, Mr. and Mr. LANKFORD. H.R. 5545: Mr. FILNER. HONDA, and Mr. DAVIS of Illinois. H.R. 1810: Mr. KING of New York, Mr. H.R. 5638: Mr. SCHAKOWSKY. FRANK of Massachusetts, Mr. MURPHY of f H.R. 5684: Mr. BRALEY of Iowa, Ms. PINGREE Connecticut, and Mr. MICHAUD. of Maine, Mr. MURPHY of Connecticut, Mr. AMENDMENTS H.R. 1845: Mr. JOHNSON of Georgia, Mr. HOLT, Ms. SPEIER, Mr. HINCHEY, Ms. HAHN, GALLEGLY, Mr. MURPHY of Connecticut, and Under clause 8 of rule XVIII, pro- Ms. RICHARDSON, and Mr. MEEKS. Mr. KISSELL. posed amendments were submitted as H.R. 5707: Mr. WALZ of Minnesota. H.R. 1876: Ms. BONAMICI. H.R. 5708: Mrs. ELLMERS and Mr. JONES. follows: H.R. 2020: Mr. HEINRICH. H.R. 5741: Mr. CICILLINE and Mr. SCHOCK. H.R. 5856 H.R. 2051: Mr. BUCHANAN. H.R. 5796: Mr. LANCE, Mr. MULVANEY, Mr. H.R. 2082: Mr. FITZPATRICK. OFFERED BY: MR. KINGSTON KINZINGER of Illinois, Mr. DAVID SCOTT of H.R. 2130: Ms. HIRONO and Mr. CAPUANO. AMENDMENT NO. 2: Page 8, line 2, after the Georgia, Mr. SCHOCK, and Mr. COBLE. H.R. 2239: Mr. BOREN. dollar amount, insert ‘‘(reduced by H.R. 5822: Mr. COBLE and Mr. ADERHOLT. H.R. 2267: Mr. QUIGLEY Mr. HARPER, Mr. $4,100,000)’’. H.R. 5840: Mr. SCHIFF, Mr. FLEISCHMANN, LARSEN of Washington, Mr. CLARKE of Michi- Page 8, line 11, after the dollar amount, in- Mr. HIMES, Mrs. BLACKBURN, Mr. THOMPSON gan, Mr. LUETKEMEYER, and Mr. CARTER. sert ‘‘(reduced by $4,200,000)’’. of Pennsylvania, Mr. COOPER, Mrs. MALONEY, H.R. 2335: Mr. SESSIONS. Page 8, line 15, after the dollar amount, in- Ms. MOORE, Mr. YOUNG of Alaska, Mr. KIL- H.R. 2468: Mr. BARROW. sert ‘‘(reduced by $2,300,000)’’. DEE, and Mrs. CAPPS. H.R. 2479: Mr. PAUL. Page 8, line 24, after the dollar amount, in- H.R. 5844: Mr. DOYLE. H.R. 2499: Mr. CROWLEY and Ms. BONAMICI. sert ‘‘(reduced by $1,900,000)’’. H.R. 5846: Mr. TERRY and Mr. LONG. H.R. 2566: Mr. MORAN. Page 10, line 23, after the dollar amount, H.R. 5850: Mr. DEUTCH and Mr. ISRAEL. H.R. 2637: Mr. DOYLE and Ms. ROYBAL- insert ‘‘(reduced by $4,000,000)’’. H.R. 5864: Ms. SUTTON. ALLARD. Page 11, line 25, after the dollar amount, H.R. 5879: Mr. SCHILLING. ARNAHAN insert ‘‘(reduced by $700,000)’’. H.R. 2672: Mr. C . H.R. 5907: Ms. RICHARDSON and Mr. CAR- H.R. 2962: Mr. FITZPATRICK. Page 12, line 17, after the dollar amount, DOZA. insert ‘‘(reduced by $53,900,000)’’. H.R. 2982: Ms. LORETTA SANCHEZ of Cali- H.R. 5910: Mr. ANDREWS. fornia, Mr. DAVID SCOTT of Georgia, and Mr. Page 13, line 9, after the dollar amount, in- H.R. 5911: Mr. KING of Iowa. sert ‘‘(reduced by $1,200,000)’’. LARSEN of Washington. H.R. 5929: Mr. SCHOCK and Mr. DOLD. H.R. 3091: Mr. WESTMORELAND. Page 153, line 15, after the dollar amount, H.R. 5942: Mr. WILSON of South Carolina. insert ‘‘(reduced by $72,300,000)’’. H.R. 3179: Mr. AMODEI. H.R. 5943: Mr. BRALEY of Iowa and Mr. H.R. 5856 H.R. 3187: Mr. VAN HOLLEN, Ms. SUTTON, KELLY. and Mr. LANKFORD. H.R. 5957: Mr. KLINE. OFFERED BY: MR. POE OF TEXAS H.R. 3238: Ms. FUDGE and Mr. TOWNS. H.R. 5959: Ms. LEE of California. AMENDMENT NO. 3: Page 125, lines 17 and 19, H.R. 3242: Mr. CLAY. H.R. 5969: Mr. LATHAM. after each dollar amount, insert ‘‘(reduced H.R. 3323: Mr. SCOTT of South Carolina. H.R. 5970: Mr. LATHAM. by $1,300,000,000)’’. H.R. 3395: Mr. LOEBSACK. H.R. 5974: Mr. CICILLINE. Page 153, line 15, after the dollar amount, H.R. 3423: Mr. BARLETTA. H.R. 5977: Mr. WAXMAN. insert ‘‘(increased by $1,300,000,000)’’. H.R. 3429: Mr. CASSIDY and Mr. H.R. 5978: Ms. PINGREE of Maine, Mr. H.R. 5856 SOUTHERLAND. HONDA, Mr. MCGOVERN, and Ms. HAHN. FFERED Y S C OLLUM H.R. 3496: Mr. DOGGETT. H.R. 5979: Mr. PRICE of Georgia. O B : M . M C H.R. 3510: Mr. BARTLETT. H.R. 5990: Mr. JOHNSON of Illinois. AMENDMENT NO. 4: Page 2, line 22, insert H.R. 3553: Ms. CLARKE of New York. H.R. 5991: Mr. LUJA´ N and Mr. AMODEI. after the dollar amount the following: ‘‘(re- H.R. 3591: Mr. CRITZ. H.R. 6000: Mr. KLINE. duced by $96,950,000)’’. H.R. 3612: Mr. CARNAHAN and Mr. MCIN- H.R. 6003: Mr. STARK. Page 3, line 9, insert after the dollar TYRE. H.R. 6009: Mr. GOSAR. amount the following: ‘‘(reduced by H.R. 3643: Mr. HIMES. H.R. 6043: Mrs. MYRICK. $25,550,000)’’. H.R. 3728: Mr. SCHILLING. H.R. 6046: Mr. MILLER of North Carolina. Page 3, line 20, insert after the dollar H.R. 3762: Mr. BARROW. H.R. 6062: Ms. HIRONO and Mr. AMODEI. amount the following: ‘‘(reduced by H.R. 3769: Mr. TONKO. H.R. 6063: Mr. SHULER. $23,710,000)’’. H.R. 3798: Ms. EDWARDS, Mr. MEEKS, and H.R. 6075: Mr. PAUL. Page 4, line 8, insert after the dollar Mr. SCHIFF. H.R. 6082: Mr. LAMBORN and Mr. LANDRY. amount the following: ‘‘(reduced by H.R. 3803: Mr. LANCE. H.R. 6087: Mr. KEATING, Mrs. CAPPS, and $23,900,000)’’. H.R. 3816: Mr. BUCSHON. Mr. CARNAHAN. Page 8, line 2, insert after the dollar H.R. 3993: Mr. TURNER of New York. H.R. 6088: Mr. JONES, Mr. PAUL, and Mr. amount the following: ‘‘(reduced by H.R. 4037: Mr. FALEOMAVAEGA, Mr. YOUNG FINCHER. $10,100,000)’’. of Alaska, and Mr. HONDA. H.R. 6089: Mr. YOUNG of Alaska, Mr. DUFFY, Page 8, line 11, insert after the dollar H.R. 4054: Ms. HIRONO. and Mr. AMODEI. amount the following: ‘‘(reduced by H.R. 4057: Mr. HOLT, Mr. HANNA, and Ms. H.R. 6092: Mr. YOUNG of Alaska. $1,360,000)’’. HIRONO. H.R. 6097: Ms. BUERKLE, Mr. MILLER of Page 8, line 15, insert after the dollar H.R. 4066: Mr. KISSELL and Ms. HOCHUL. Florida, Mr. HARRIS, Mr. COBLE, Mr. BURTON amount the following: ‘‘(reduced by H.R. 4070: Ms. HIRONO and Mr. BACHUS. of Indiana, and Mr. HASTINGS of Washington. $2,230,000)’’.

VerDate Sep 11 2014 15:02 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H17JY2.000 H17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11472 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 17, 2012 Page 8, line 24, insert after the dollar Page 7, line 2, insert after the dollar Page 12, line 17, insert after the dollar amount the following: ‘‘(reduced by amount the following: ‘‘(increased by amount the following: ‘‘(reduced by $3,970,000)’’. $75,780,000)’’. $101,000,000)’’. Page 153, line 15, insert after the dollar Page 7, line 16, insert after the dollar Page 13, line 9, insert after the dollar amount the following: ‘‘(increased by amount the following: ‘‘(increased by amount the following: ‘‘(reduced by $187,770,000)’’. $26,735,000)’’. $36,000,000)’’. H.R. 5856 Page 8, line 2, insert after the dollar H.R. 5856 OFFERED BY: MR. NADLER amount the following: ‘‘(reduced by OFFERED BY: MR. LANGEVIN AMENDMENT NO. 5: Page 2, line 22, insert $568,000,000)’’. AMENDMENT NO. 6: Page 9, line 6, after the after the dollar amount the following: ‘‘(in- Page 8, line 11, insert after the dollar creased by $426,636,000)’’. dollar amount, insert ‘‘(reduced by amount the following: ‘‘(reduced by $15,000,000)’’. Page 3, line 9, insert after the dollar $295,000,000)’’. amount the following: ‘‘(increased by Page 35, line 15, after the dollar amount, Page 8, line 15, insert after the dollar $217,282,000)’’. insert ‘‘(increased by $15,000,000)’’. Page 3, line 20, insert after the dollar amount the following: ‘‘(reduced by Page 35, line 23, after the dollar amount, amount the following: ‘‘(increased by $255,000,000)’’. insert ‘‘(increased by $15,000,000)’’. $191,935,000)’’. Page 8, line 24, insert after the dollar H.R. 5856 Page 4, line 8, insert after the dollar amount the following: ‘‘(reduced by OFFERED BY: MS. RICHARDSON amount the following: ‘‘(increased by $314,000,000)’’. $236,374,000)’’. Page 10, line 23, insert after the dollar AMENDMENT NO. 7: At the end of the bill Page 4, line 21, insert after the dollar amount the following: ‘‘(reduced by (before the short title), insert the following: amount the following: ‘‘(increased by $67,000,000)’’. SEC. ll. None of the funds made available by this Act may be used to reduce the num- $49,872,000)’’. Page 11, line 8, insert after the dollar ber of C–17 aircraft of the Armed Forces. Page 5, line 9, insert after the dollar amount the following: ‘‘(reduced by amount the following: ‘‘(increased by $21,000,000)’’. H.R. 5856 $16,690,000)’’. Page 5, line 23, insert after the dollar Page 11, line 17, insert after the dollar OFFERED BY: MR. BLUMENAUER amount the following: ‘‘(increased by amount the following: ‘‘(reduced by AMENDMENT NO. 8: Page 9, line 6, after the $13,569,000)’’. $17,000,000)’’. dollar amount, insert ‘‘(reduced by Page 6, line 13, insert after the dollar Page 11, line 25, insert after the dollar $88,952,000)’’. amount the following: ‘‘(increased by amount the following: ‘‘(reduced by Page 16, line 24, after the dollar amount, $15,370,000)’’. $20,000,000)’’. insert ‘‘(increased by $88,952,000)’’.

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VICTIMS OF COMMUNISM tury to escape the onslaught of the Ottoman ‘‘The Protracted Fall of Communism in Alba- MEMORIAL FOUNDATION Turks. nia’’: But here we are today—to pay tribute to the ‘‘I have come to the conclusion in recent HON. DANA ROHRABACHER victims of communism all over the world. I months that the biggest mistake in post-Com- OF CALIFORNIA want to say a few words about the most brutal munist Albania was that the criminals of the atheistic Communist regime that held the Al- IN THE HOUSE OF REPRESENTATIVES Hoxha era were not brought to trial and that banian people hostage in their country, which the country never instituted a truth and rec- Tuesday, July 17, 2012 was turned into a prison through state-spon- onciliation commission. . . . ’’ Mr. ROHRABACHER. Mr. Speaker, I submit sored terror, with crimes against humanity as Burying the Communist Albanian past has a speech by former House Member Joseph J. its hallmark. The Albanian people had fought brought neither justice nor healing to those DioGuardi which highlights the disastrous ef- hard against the Italian fascist regime under who suffered. If anything, it has continued fects Communism had for the Albanian popu- Mussolini and the German Nazis under Hitler. their suffering. This reminds me of the Jewish lation in the Balkans and the ongoing efforts of Their honor code of besa (trust/faith) gave survivors of the Holocaust who were forced to the people there to find healing. The following them the strength, moral and physical, to save suffer in silence for years until Israel sought to is a copy of those remarks. every Jew in Albania and over 2,000 who fled fully reveal the traumatic legacy of Nazism VICTIMS OF COMMUNISM MEMORIAL there from Yugoslavia and Western Europe for and to shock the conscience of the world—be- protection during the Holocaust. Unfortunately, The Honorable Joseph J. DioGuardi ginning with the capture and trial in 1961 of the Albanian people were betrayed during Adolf Eichmann, one of the chief architects of I want to thank the leaders of the Victims of World War II by a new leader, Enver Hoxha, Hitler’s plan to exterminate European Jewry. Communism Memorial Foundation, especially who replaced Nazi occupation with the most In Albania, I believe that we need to start the Dr. Lee Edwards and Ed Priola. And, on be- brutal Stalinist Communist regime anyone process of healing the pain of the past (a past half of all Albanians and freedom-loving peo- could imagine, for 45 years. that is very much alive today) by obtaining ple everywhere, I hasten to commemorate Hoxha’s aim was to kill the freedom-loving from the Albanian government as full account- here today the historic deeds of the late Con- spirit of the Albanian people and to destroy ing as possible of the Hoxha era. The names gressman Tom Lantos, who cofounded this their communal soul in favor of building a to- of those persecuted, imprisoned, and exe- Memorial with President George W. Bush, and talitarian state under the rule of his Com- cuted by the Hoxha regime should be re- who was the original architect of the full diplo- munist Party. His psychopathic regime instilled leased to both the Albanian public and the matic recognition of Albania by the United fear and terror in every household—fear of international community. States in June 1990 and the independence of strangers, fear of authority, and even fear of f Kosova in February 2008. betrayal by family, friends, and neighbors I also want to thank my good friend Con- seeking favor with Communist officials. HONORING THE MEMORY OF gressman DANA ROHRABACHER, who sup- Hoxha’s regime created an inhuman lack of HENRY SCHIMBERG ported this memorial from the beginning, but trust in anyone and everything. Husbands could not be with us today. could not trust their wives, parents their chil- HON. LOIS CAPPS My wife, Shirley Cloyes, a recognized Bal- dren, and siblings each other. By breaking the OF CALIFORNIA kan scholar, is also here. She just wrote an ancient Albanian honor and trust code of IN THE HOUSE OF REPRESENTATIVES article for this occasion, entitled ‘‘The Denial of besa, communism created a culture where Tuesday, July 17, 2012 Memory: It Is Time for Albania To Confront Its one had to be constantly on watch and on Communist Past.’’ Copies will be available for guard, not knowing where the next threat to Mrs. CAPPS. Mr. Speaker, today I rise to those who are interested at the reception. life, limb, and family might strike. honor the memory of Henry A. Schimberg—a Let me also introduce Pellumb Lamaj and This horrible state of terror was ‘‘formally’’ talented entrepreneur and distinguished mem- Rajmond Sejko, survivors who spent years abandoned in Albania in 1992, with the first ber of the Santa Barbara community. Mr. doing hard labor in one of the most brutal pris- democratic election. Nevertheless, two dec- Schimberg passed away on June 29, 2012 ons in Communist Albania, called Spac¸. (You ades later, the scars of communism and the while traveling in Europe with his wife, Mar- can read about their stories in Shirley’s arti- twin cultures of fear and corruption still linger jorie. cle.) in Albania. Political parties openly fight for Henry Schimberg was born in Chicago in Annette Lantos, 22 years ago, almost to the power, and the spoils of corruption keep the 1933 and went on to attend Beloit College in day, your late husband, Tom Lantos, and I country out of the European Union, while Wisconsin, where he received his Bachelor of were the first U.S. officials in 50 years to enter former Communist neighbors, such as Slo- Arts degree in 1954. Henry started his ex- the State of Albania, then still under the boot venia, Croatia, Romania, Greece, and Serbia, tremely successful career as a truck driver at of communism. (You were with us on that his- are either already in the EU or on the path to Royal Crown Bottling Co. in Chicago in 1958. toric day.) We went with a strong message, admission. After decades of working in the bottling indus- after crossing the border from Kosova, which On behalf of the victims of communism in try, Henry became the president and COO of was under the Serbian Communist regime’s Albania, Mr. Ambassador (addressing Alba- Coca-Cola Enterprises in 1990; in 1998 he be- brutal occupation. We told Communist Dictator nian Ambassador Gilbert Galanxhi), I am tak- came the company’s CEO. During his tenure, Ramiz Alia that the Berlin Wall had been torn ing this opportunity to appeal to your govern- Coca-Cola Enterprises experienced the most down in October (1989), and that it was time ment to bring real democracy to Albania, to financially successful period in its history. to tear down the Communist iron curtain still apologize formally to the victims of com- Mr. Schimberg shared a deep passion for separating Albania and the Albanian people munism and their families, to set up a truth ethics with my late husband, Walter. Henry from democracy, Europe, and the rest of the and reconciliation commission, and finally to was deeply involved with the Walter H. Capps world. Annette, we started a movement. Within open the Communist archives for all to see, Center for the Study of Ethics, Religion, and weeks, people were rushing into foreign em- which will allow families to begin the long Public Life at the University of California, bassies seeking asylum, and by September process of healing and restore trust in the Santa Barbara and the Center’s efforts in de- 1990, a huge boat loaded with thousands of government and its leaders. veloping a strong sense of personal and busi- freedom-seeking Albanians left the port of As Shirley Cloyes DioGuardi, Balkan Affairs ness ethics among future business and cor- Durres for the shores of Italy, much like my fa- Adviser to the Albanian American Civic porate leaders. The Center’s annual under- ther’s Albanian ancestors did in the 15th cen- League, wrote in her October 2011 article, graduate seminar, ‘‘Ethics, Enterprise, and

● 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 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11474 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 17, 2012 Leadership,’’ is an innovative course designed not be negatively affected because the IHCIA A TRIBUTE TO HONOR THE LIFE in part by Mr. Schimberg that introduces stu- provisions, through chance, were included in AND MEMORY OF ROBERT dents to the diverse frameworks of ethical de- ACA. KIRKMAN ARNOLD cision-making and teaches them to evaluate actual corporate and business dilemmas from f ethical, legal and business perspectives. HON. ANNA G. ESHOO Henry was a regular speaker at the course HONORING DR. LAWRENCE OF CALIFORNIA and was greatly admired by his students and CARUTH the faculty at UCSB. I have no doubt that his IN THE HOUSE OF REPRESENTATIVES legacy will be carried on through this wonderful course that upholds values dear to his and HON. TOM MARINO Tuesday, July 17, 2012 my family’s hearts. OF PENNSYLVANIA Ms. ESHOO. Mr. Speaker, I rise today to Henry is survived by his wife, Marjorie; son, honor Robert (Bob) Kirkman Arnold, who Aaron Schimberg and his wife Vanessa; IN THE HOUSE OF REPRESENTATIVES passed away on May 22, 2012 at the age of daughter, Alexis Schimberg and her husband Jason Rothenberg; and his siblings, Elsa Tuesday, July 17, 2012 88 in Palo Alto, California, surrounded by his loved ones. Bob is survived by his wife Carrie Dimick, Deedee Gartman and her husband Mr. MARINO. Mr. Speaker, I rise today in Knopf, his three children, Kirk, Kevin and Mi- Jerry; and Jake Schimberg and his wife Hollie. honor of my constituent, Dr. Lawrence Caruth, Henry’s passing has been felt deeply by the and congratulate him on the occasion of his chael, their spouses and his three grand- many people who were touched by his life and retirement. children; by Carrie’s three children, Bret, accomplishments. The Santa Barbara commu- Karen and Clay, their spouses and by her six Born in 1937 in Sterling Township, Wayne nity will miss an invaluable leader and friend. grandchildren. I offer my most heartfelt condolences to County to Stanley and Ruth Caruth, Lawrence Henry’s family and friends. Please join me in worked on his family farm until entering Get- Raised in San Francisco by his parents, honoring this exemplary American. tysburg College in 1957. In 1955, at the age Agnes and George, Bob attended Lowell High f of 17, Lawrence enlisted in the Pennsylvania School where he was Senior Class President National Guard. After participating in the Re- before graduating in 1941. He met his late INDIAN HEALTH CARE serve Officers Training Corps throughout col- wife, Margaret ‘‘Peg’’ Koshland, while attend- IMPROVEMENT ACT (IHCIA) lege, Lawrence was awarded the rank of Sec- ing the University of California at Berkeley. At ond Lieutenant. In 1965, he earned his Doc- 6′41⁄2, Bob played center on the Bears basket- HON. DON YOUNG torate in Dental Medicine from the University ball team, where he was known as ‘‘Hap’’ Ar- OF ALASKA of Pennsylvania and opened his dental prac- nold. Bob and Peg were married in March, IN THE HOUSE OF REPRESENTATIVES tice in Honesdale in 1969. 1945. Tuesday, July 17, 2012 Dr. Caruth served as an innovator in his After World War II broke out, Bob volun- Mr. YOUNG of Alaska. Mr. Speaker, I would field, introducing many dental technologies to teered for the U.S. Army but the war ended the community. He also worked to provide pa- like to speak to a provision of the Affordable before he arrived in Japan. Upon returning tients with more convenient care, bringing spe- Care Act (ACA) that I believe should be ex- home, he resumed his education at U.C. empted from the wholesale repeal of ACA, cialists from the Scranton area to his office in Honesdale. In 1975, Dr. Caruth’s practice de- Berkeley, earning a Ph.D. in Economics. He and that is section 10221—which is the Indian moved to Palo Alto, where he and Peg raised Health Care Improvement Act (IHCIA) provi- veloped into the Cherry Ridge Dental Center, their three children, Kirk, Kevin and Michael. sions of the bill. I urge my colleagues in the where he had thirteen specialists working in House of Representatives not to forget that his facility. Bob was an economist at Stanford Research Institute until 1969, when he and Stephen with the repeal of the Affordable Care Act, While continuing his practice at Cherry there would also be a repeal of the permanent Ridge Dental Center, Dr. Caruth served as a Levy founded an economics consulting busi- reauthorization of the IHCIA, which ensures Liaison Officer for West Point Military Acad- ness called The Center for the Continuing that American Indians and Alaska Natives will emy, as well as a Dental Officer, Chief, and Study of the California Economy. have access to improved health care. Commander for 317th Medical Detachment in Bob ran for Congress in 1968 on an anti- The IHCIA amendments enacted in 10221 Scranton. He was one of few dentists to ever war platform. While he didn’t win the primary, of ACA were developed completely separate command an Army Hospital when he was he won many hearts and minds. He was de- from ACA and had a distinct legislative history. Commander of the 322nd General Hospital. The IHCIA amendments were developed in a voted to finding novel ways to educate the more than decade long process involving After an illustrious career with the U.S. public on economic topics, and he was always tribes, tribal organizations of the federal gov- Army, Dr. Caruth retired in 1997 with numer- ready to join a march, give a speech, or offer ernment on how best to update the quite out ous medals, including the Legion of Merit his support to help the causes in which he be- of date IHCIA—which had its last major reau- Medal, the Meritorious Service Medal, the lieved. Army Commendation Medal, and the National thorization in 1992. Peg passed away in 1999, and in 2005, Bob Defense Service Medal with One Service Star. While I was a proponent of considering the married the lovely and wonderful Carrie Knopf IHCIA independently, ultimately the IHCIA pro- Dr. Caruth has remained an active member from Palo Alto. Carrie and her late husband, visions were included in ACA. The ACA was of his community, serving as previous Presi- Kermit Knopf, had been friends with Bob and a legislative vehicle that was moving so that dent and current Treasurer of the Honesdale Peg for many years. Bob and Carrie were in- the IHCIA provisions could finally be enacted. Rotary Club. He is also a member of the There are a number of key provisions within American Dental Association, the Pennsyl- separable and enjoyed 13 wonderful years to- IHCIA that will greatly enhance the well being vania Dental Association, the Scranton District gether with their families. of tribal communities. Such provisions include: Dental Society, the American Legion, and has Mr. Speaker, I ask my colleagues to join me new and expanded authorities for behavioral previously served on the Cherry Ridge Plan- in extending our deepest condolences to Mr. health prevention and treatment services; au- ning Commission. Arnold’s wife, Carrie Knopf, and their entire thorities for demonstration projects including family. Bob was a wonderful man who brought projects for innovative health care facility con- Lawrence is the father of two, Edward and much joy to the lives he touched and he will struction and health professional shortages; Amy Beth, and the grandfather of five. He still and authority for the provision of dialysis serv- resides in Honesdale with his wife Betty. always be remembered for his integrity, intel- ices. Mr. Speaker, I rise today to honor Dr. Law- ligence, storytelling, limericks, exuberant good The health of American Indian and Alaska rence Caruth, and ask my colleagues to join humor and the unmatched positive energy and Native people, who already endure some of me in praising his commitment to Pennsylva- passion he shared with everyone. He bettered the largest negative health disparities, should nia’s 10th Congressional District. our community and strengthened our country.

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QANTA AHMED’S TESTIMONY chiefly in London, and in Asia, namely when MY EXPERIENCE WITH CONTEMPORARY RADICAL TO HOMELAND SECURITY COM- I practiced medicine for two years, from No- ISLAMIST IDEOLOGY MITTEE ON THE ‘THE AMERICAN vember 1999 to November 2001 in Riyadh, In Spring 2010, in recognition of my aca- MUSLIM RESPONSE TO HEAR- Saudi Arabia. demic work on Hajj Medicine and health di- This peripatetic path has allowed me to en- INGS ON RADICALIZATION IN plomacy, I was selected as the first Muslim gage intimately with Saudi Muslims as I at- woman to complete a Templeton Cambridge THEIR COMMUNITY’ tended them in their critical illnesses, and Journalism Fellowship in Science and Reli- later work for many years to improving gion at the University of Cambridge in Eng- HON. FRANK R. WOLF their public health and that for all Muslim land. Following a meeting with an inter- pilgrims to Mecca; and with British Diaspora nationally recognized expert in counterter- OF VIRGINIA Muslims as I attended them in Britain’s cap- rorism, I reviewed data exposing me to the IN THE HOUSE OF REPRESENTATIVES ital. I functioned in these roles as a treating brutality of contemporary radical Islamists Tuesday, July 17, 2012 physician, a physician-educator, a physician and decided to focus my fellowship on the colleague, a mentor to training doctors. My psychological manipulation of Islam into the Mr. WOLF. Mr. Speaker, I submit insightful work has led to numerous publications both service of terror. I thus specifically evalu- and compelling testimony given by Dr. Qanta in the medical academe and the mainstream ated the mechanisms of martyrdom and A. A. Ahmed before the House Homeland Se- media. jihadist ideology as expressed by contem- curity Committee last month. I commend For over a decade, I have also been invited porary radical Islamists. This work both in- Chairman PETER KING for continuing this se- to teach and speak at numerous conferences formed my specific knowledge and the many ries of hearings looking at the challenge of in the Muslim Majority world including for publications I have authored since. My expe- the Saudi Arabian National Guard Health rience of being a Templeton Cambridge Fel- radicalization in the U.S. and how it impacts low adds special academic context useful to the American Muslim community. Affairs, for the Saudi Arabian Ministry of Health, for the US Consulate in Jeddah, for me in interpreting the salient findings of I urge all of my colleagues to read Dr. the Saudi Arabian Soccer Federation, the this series of investigative hearings. Ahmed’s testimony, especially given her first- American University of Sharjah and other As a result of my work at Cambridge, I hand experience with radicalized youth in settings. I have also been asked to visit hos- have met with some of the leading minds ap- Pakistan and her recent series of columns and pitals and meet physician colleagues in proaching counter terrorism studies. One editorials on the threat of radicalization in the Pakistan. Most recently in November 2011, as such meeting with one Pakistani neuropsychologist piqued my interest suffi- West. a visiting professor I was invited by FIFA to the first meetings evaluating impacts of ciently to travel to the North West frontier THE AMERICAN MUSLIM RESPONSE TO HEAR- Ramadan on the elite Muslim footballer con- Province of Pakistan (now renamed KPK) in INGS ON RADICALIZATION WITHIN THEIR COM- vening in both Doha, Qatar and in Riyadh, March 2012 to visit Malakand, now secured MUNITY—CONGRESSIONAL TESTIMONY TO THE by the Pakistani military. There, I spent Saudi Arabia. U.S. HOUSE OF REPRESENTATIVES COM- three days at ‘Sabaoon’, the Pakistani I have therefore lived among, met, treated, MITTEE ON HOMELAND SECURITY, WASH- school founded by civilians to deprogram taught, worked with, published with, re- INGTON DC, JUNE 20TH 2012 child militant operatives engaged in mili- searched with, befriended and, on occasion, Qanta A. A. Ahmed MD, FACP, FCCP, tancy with the Pakistani Taliban. There I been repudiated and abandoned, by many treated local villagers and traveled to near- FAASM, Associate Professor of Medicine, Muslims in many dimensions. The State University of New York, USA by Mingora to see rehabilitated child mili- MY EXPERIENCE OF THE BURDEN OF RADICAL tants readjusting to community life after Good morning. Thank you Chairman King ISLAMISM ON MY AMERICAN PATIENTS successful deprogramming. and Ranking Committee Member Congress- At Sabaoon, I met with doctors, teachers, man Thompson and distinguished members Currently, my work as an attending sleep disorders specialist involves personally at- psychotherapists, military leaders and the of the Committee for the opportunity to tes- child militant rehabilitees themselves all tify today on such an important issue. tending to the World Trade Center First Re- sponder patient population of Nassau County boys aged between 10 and 20. I was also in- MY MUSLIM IDENTITY at Winthrop University Hospital. Our hos- vited to attend the relatives of these boys for I am a British citizen, and a Permanent pital provides state-of-the-art care to 2500 of a one day traveling clinic to provide basic Resident in these United States where I have these Americans without financial burden medical care during which I met, inter- made my home for fourteen years. I am a each year through the provenance of the viewed, examined and treated the mothers, practicing physician and a practicing Mus- Zadroga Bill, spearheaded by Chairman King sisters, grandmothers, siblings, children and lim. Religion stems from the etymological and his colleagues. spouses of convicted militant operatives, suicide operation ‘martyrs’ and suspects cur- Latin root relegere, meaning to be gathered Hence patients in my personal practice rently in detention in Saudi Arabia. I re- or bound together. An individual’s narrative today include multiple members of US law corded many photographs of my visit which of his or her religious experience is often a enforcement including active duty, disabled I can share in a classified forum if the Com- catalogue of relationships and my Islam is and former NYPD, active duty FBI agents, mittee determines there is a need. no different, beginning with the gift of Islam active, disabled and retired FDNY, former from my parents. During the visit, though I was not granted members of the New York Federal Crime Bu- clearance to question the students directly, There is no divide between any of my mul- reau and others who are officially designated tiple roles as I have learned following the ex- under supervision of my fellow physician col- as World Trade Center First Responders— leagues and with the Pakistani Rangers ample of my parents, both of whom remain 6000 of the nation’s 40,000 first responders true to their faith without encroaching upon nearby, I was allowed to meet with one 15– live on Long Island. Many of these patients year old Pakistani boy in particular. I lis- the public space yet always espousing plu- have roles in counter terrorism task forces ralism and tolerance. They raised me to ob- tened to him for about an hour as he de- today. scribed his transition from a school boy of 13 serve Islam in the same manner. I treat these men and women for sleep-re- I pray, I fast during Ramadan, I find wor- walking to school, his seduction by an older lated complications developed as a result of ship in my work and I have also completed boy with tales of a ‘purer’, ‘more legitimate’ their service to our nation including obstruc- the Hajj—the Muslim pilgrimage to Mecca. Islam—that of the Taliban’s—his voluntary tive sleep apnea syndrome, post-traumatic Each year I am fortunate to be able to ex- decision to run away and join a network of stress disorder, anxiety, depression and other ceed the Islamic duties of charity required of Taliban militants, his deliberate and very conditions. Attending them gives me special labyrinthine confinements in hiding centers me annually. My parents support my views insights into the indiscriminate burden of called ‘markaz’ (centers), his handlers’ per- which I express here in this chamber today radical Islamist acts born by our community sistent and successful maneuvering defeating and all of my actions which have led me to a decade after they assaulted humanity in the dedicated efforts of his parents to re- this moment. As a family, for generations, my adoptive home, New York City, an as- trieve him, his training and preparation we have explicitly repudiated all forms of vi- sault I witnessed from Riyadh, Saudi Arabia. which he chillingly termed ‘Tarbiyyat’ olence—including those conducted in the Understanding the work and the suffering which means ‘religious education’ (con- name of Islam—long before the specter of of my patients and the toll it takes on them sisting of advanced training in the use of a radical Islamism ever blighted these United makes clear to me the enormous sacrifice handgun, the deployment of a grenade and States. they and their families make to safeguard us the successful detonation of a suicide jacket) MY VANTAGE AS AN INTERNATIONALLY at times of crisis and in between, a sacrifice and, finally, his ultimate surrender to a po- EXPERIENCED MUSLIM PHYSICIAN much of the nation has forgotten, or remains lice officer in the designated target of at- In my 21 years since qualification, I have unaware of. As a Muslim meeting these tack—a nearby mosque. I have in my posses- practiced on three continents; here in the Americans reveals the devastating impact of sion his de-identified narrative which can be Americas in the United States—in both radical Islamism to which few others—Mus- reviewed in a classified forum but as is not South Carolina and New York, in Europe, lims or non-Muslim—will ever be privy. available for disclosure in this public record.

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11476 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 17, 2012 This young boy’s naı¨vete´, his isolated and masquerading as Islam. To my surprise not a right here in the United States, in our civil- distorted world view, his lack of knowledge single member of my family discouraged me ian community, in our military community of Bin Laden or 9–11 and his indoctrination from participating in these investigative and in our prison community. Muslims in all revealed to me that Islamist ideologies hearings even though they remain aware of America can be radicalized despite the best are active, alive and moving ahead far be- the risks this can pose to me in my every efforts of their parents or mentors. We also yond the reach of 20th Century Al-Qaedah day life. have learned radicalization in America is ideology. Further, his halting and I also have a vibrant Muslim readership usually facilitated by handlers and Islamist unconfident Urdu reminded me much of the among my almost 100,000 readers of my book, seducers who operate on multiple planes nascent transition from boyhood to manhood who communicate with me through social using multiple forms of media and are facile of my own brothers when they were younger, network platforms, letters and emails or re- at identifying or exploiting the vulnerable. who fortunately have been sheltered from spond on line to articles I have authored in This is exactly how Pakistani Taliban such manipulations by opportunities our almost every major mainstream publication Islamists operate in Pakistan and elsewhere family could give them because we are so at- in the United States. Many of my self-identi- based on what I have seen in person and my tached to our native Britain and Islam, not fying Muslim readers express fear that the extensive reading of, and meetings with, Islamism. investigative hearings will misrepresent counter terrorism experts. We cannot ignore Islam and fuel Islamophobia while also ex- Further, the young boy also revealed his the domestic risks here and threat both to pressing excitement that this discussion is Islamist-indoctrinated hatred of certain our national security, and by extrapolation, entering the public space in such an auspi- sects of Muslims, including Shias who are a to international security. I cite a few exam- cious arena. Their sentiment about the in- minority in Pakistan, his belief that anyone ples revealed by these investigative hear- vestigative hearings revolve more around the collaborating with a western-dressed indi- scrutiny of activities of some Muslim Ameri- ings: vidual was an enemy of Islam—including cans rather than the actual findings of the On December 7th 2011, Daris Long, father Pakistani troops who are usually dressed in investigative hearings which few of them of a son murdered by radical Islamists testi- western trousers—and that any who engaged could cite. fied ‘‘the political correctness exhibited by with US troops was also an enemy to Islam. For my support of these investigative the government over offending anyone in ad- Exactly these ideologies are being pro- hearings and for my writings sympathetic to mitting the truth about Islamist extremism moted in the United States today, often the concerns of these investigative hearings masked alarm bells that were going off. through portals—whether via internet por- I have also been subject to intimidation on Warnings were ignored, Major Nidal Hassan tals, recurrent migration to Somalia, Sudan, Twitter often from self-identifying Muslims was able to openly praise the Little Rock Pakistan, Yemen or other locations, cir- who clearly denounce these hearings. Their shootings in front of fellow army officers and culated videos, or pockets of extremism in abusive hostility is largely centered on the then commit his own jihad’’. This is con- numerous centers of gatherings including claim that my views supportive of these insistent with the shortcomings of language mosques and this series of investigative vestigative hearings as unrepresentative of and the paralysis of political correctness hearings have revealed that. The essential Muslim Americans. that I identify as one of the barriers to ex- construct is the same—separation, suprem- On a professional level many of my former amining radical Islamism in the United acy and unquestioning acceptance of nihi- academic Muslim colleagues now eschew States. listic ambitions—including the deployment contact with me as my political voice has On March 12th, 2011, Melvin Bledsoe testi- of brutally violent measures—all of which become more widely heard, some because of fied that his son Abdul Hakim Muhammad collude to eradicate any other diversity. the personal affront it causes them and oth- was ‘brainwashed’ by Nashville Muslims Since 2009, I have authored dozens of Opin- ers because they are beholden to theocractic leading to his terrorist training in Yemen to ion columns and Editorials published in the Muslim states and now see their relationship return to murder one soldier and injure an- mainstream American, British, Dutch, with me as a risk. It is significant that only other at a US military recruitment center. Israeli and Pakistani press examining the one member of my circle of academic Muslim This confirms the same forces seducing a colleagues in the Middle East wrote to me politics and theology of radical contem- Pakistani schoolboy in the SWAT are at with encouragement. They see my support of porary Islamist ideologies. work in the American heartland. Unsurprisingly, I have learned the con- America in general as ‘collusion’. sequences of opining in the free press. I have A recent publication on Huffington Post is On July 27th 2011, Ahmed Hussen, Presi- been subject to personal attack and abuse more encouraging of the Muslim American dent of the Canadian Somali Congress recog- online. In my journalistic activities I also reaction. In it I wrote about my Evolution as nized our vulnerability in this ideological have learned how difficult it is for American an Anti Islamist Muslim and I found it gen- battle of Islamism with Islam and newspaper editors, American network tele- erated an overwhelming response many of Islamism’s exploitation of victimhood ‘There vision producers and American media book- them very positive from self identified Mus- has not been a parallel attempt to counter ers to approach either solicited or unsolic- lims who commented my views to be ahead the toxic anti Western narrative that creates ited opinion pieces or television interviews of the public awareness and supported my a culture of victimhood in the minds of concerning issues pertaining to Islam. There endeavors and views including my call for members of our community.’ This confirms has been a distinct chill in the public dis- the exposure of the imposter of Islamism to the utility to Islamists of cultivating a man- course including here in the United States be distinguished from Islam. ufactured sense of victimhood among vulner- It is however important to add that as an which is driven by the rising cries of able Muslims. Anti-Islamist Muslim my community IS Islamophobia, the advancing grip of Islamist MY MOTIVATION TO ENTER THE PUBLIC America, as Islam demands it, not an en- claims of defamation of Islam which they ad- DISCOURSE: TO COMBAT ISLAMISM clave within America, but the entire nation. vance through Islamist Lawfare, the inter- These investigative hearings while entitled In the years since 9–11, every Muslim has nationalization without protest of Blas- to examine the reaction of American Mus- been compelled to confront his or her iden- phemy laws and the general fear of political lims within their communities might be bet- tity. This has been a direct function of the ‘incorrectness’ which leads to an enormous ter expressed as our reaction within America martyrdom terrorism acts of 9–11. Since loss of counter-arguments in the debate because this is what Islam teaches us—that then, the lay audience and much of expert about Islamism and its distinctions from we must collaborate, cooperative, enhance opinion has been unable to separate Islam. and contribute to the community sur- Islamism from Islam. Today this is our THE REACTION TO THE HEARINGS IN THE MUSLIM rounding us, and not remain in insular, dis- greatest challenge. Distinguishing Islam and COMMUNITY engaged groups which engender and then em- Islamism requires nuance and care, which My community begins with my family who power silos of disconnection and disaffection. few in the media are prepared to provide or not only supports these hearings but have Unfortunately the reaction in wider Amer- even qualified to identify. welcomed them. We have a large family ica to these investigative hearings has been Some, while well intentioned but deeply thriving in the United States from coast to initial vilification and later disdain as mani- uninformed, retaliate against the sound in- coast, settled in this country since the 1960s. fested by the extraordinary disinterest of the telligence and counter measures that must One of my family members, my cousin, has mainstream media in the hard findings of be taken, including mechanisms such as served in the United States Navy. Earlier these hearings. This uninformed response these investigative hearings, and instead un- than that, some of my maternal Uncles has not been redirected by informed moti- wittingly collude with the non violent mani- trained and studied in 1950s America as in- vated media coverage despite the oppor- festations of the Islamists which have long vited scholars. Many of us are American citi- tunity to redress the balance, revealing the since evolved to new elements masquerading zens. We are also very well acquainted with wider media may itself have some discomfort as the ‘peaceful’ translators and ‘owners’ of the abuses and discrimination that pass for denouncing Islamism. Islam. I am here to tell you non-violent ‘official Islam’ as expressed in Islamist Paki- HOW I INTERPRET THE FINDINGS OF THE Islamists are not the owners of Islam nor is stan and are extremely aware of the hazards HEARINGS their intent peaceful. of empowering those who espouse a suprema- These investigative hearings reveal I was in Riyadh, Saudi Arabia when the cist ideology born of Islamism but radicalization is ongoing in multiple sectors Towers fell. Within hours, I discovered my

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11477 sentiments of loss and sorrow were not wide- make our homes. It is this last fallacy, of 1990s—50% of us have moved here for eco- ly shared, either by Saudi physician col- collective victimhood, that most fuels my nomic or educational opportunity—I did so leagues or by fellow non Saudi Muslim expa- drive to expose Islamism for what it is—a for both reasons. 46% of us are, like me, triate workers, many of whom had been weak yet vicious imposter for a great reli- women, and around 31% are my age—be- trained by Americans in New York City like gion, an imposter which seeks to exploit and tween 40 and 54. We are a multiracial multi- myself or other cities in the United States— devour both Muslims and non Muslims alike ethnic group with over 68 different nationali- some of us even shared the same professors in its pursuit for power and dominance. ties before becoming American. Our income of medicine. These forces are at work as we testify now in and education reflects the US public and 16% This discovery came as a terrible shock to this room at this hearing—an effort by three of us earn more than $100,000 annually com- my naiveties at the time and I was patroniz- Muslims which will predictably be derisively pared to 17% of the general US public who do ingly ridiculed for being so ‘pro-American’. I labeled as a collaboration in our own perse- the same—a 1% disparity. realized the version of Islam my parents had cution. I am here to testify that nothing In my native Britain, the income disparity given, and our reverence for the nations who could be further from reality. for those Muslims who earn over 40,000 ster- had sheltered and reared me—Britain and CIVIL LIBERTIES OF MUSLIMS ARE NOT AT STAKE ling annually is more than 10%. Equivalent the United States—wasn’t widely accepted. incomes earned in France comparing be- Many critics of these investigative hear- That fellow physicians, as highly trained and tween Muslim and average public show even ings (both Muslim and not) charge them with as privileged as I, could be elated at the loss greater disparity of 12%, in Germany 14% in a threat to Muslims’ civil liberties in Amer- of life and the transient bowing of America’s Spain 19%. ica. My most vociferous opponents, referring spirit utterly displaced me to a new, harsher Muslims in America have achieved more, to Muslims’ American civil liberties, state: reality. faster, and more often, in America than in ‘give away your freedoms not mine’ (an In the wake of 9–11, I saw Osama bin Laden any other Muslim Diaspora setting. My expe- American Muslim); ‘This is not 1910 America feted as a hero in Pakistan, nation of my rience is very much the mainstream Muslim and what happened to the Jews—Jews have matrilineal and patrilineal heritage. On one American experience. I ask the committee to only just stopped walking on eggshells in trip I recall a Pakistani driver in Karachi ex- recognize that most Muslims are not mis- America. Watching what’s happening to plaining to me why 7 years after 9–11, Paki- treated by efforts to protect our integrity as Muslims makes me sick’ (an American Jew); stani families were still naming their Americans though they are certainly enti- ‘We need a Rosa Parks to stand up for Mus- newborns Osama in his honor. He was still tled to be offended at these efforts and Amer- lim rights’ (a non Muslim American); ‘Park deified, recognized by many as a ‘defender’ of ica guarantees their right to be offended. 51 shows Muslims do not have civil rights’; Islam, a ‘warrior savior’. Nothing could be The offence claimed by many Muslim ‘some want Lower Manhattan to be ‘An more offensive to my beliefs as a Muslim or Americans whether at the first hearing in American Jerusalem’ (a non Muslim Amer- my principles as a human being. This was ex- this series or for instance pertaining to the ican). They identify my support of these in- traordinarily difficult to reconcile with the NYPD’s activities more recently, is mis- vestigative hearings as my collusion in the knowledge that Islam condemns all murder, placed. Instead of denouncing methods of in- fictional erosion of Muslim civil liberties. and particularly the execution of non-com- telligence gathering, Muslims in America While I respect the fears which birth these batant civilians in any setting. In my mind should be denouncing the findings of those concerns, I can firmly strip them aside. Mus- Bin Laden and his sympathizers had re- intelligence missions: the active Islamists lims in America do not have the painful his- nounced Islam by their acts and represented among us. The furore has been misdirected, tory of African Americans or of Jewish nothing more than violent terrorists and much to the benefit of committed Islamists Americans. Our privileges as Muslim Ameri- those who named their firstborns after at work within this nation’s borders. cans today have been guaranteed in part by Osama were lionizing nothing more than a the struggles of the Civil Rights era and by WHY IS IT SO HARD TO DISCUSS THE ISLAMIST mass murderer. the travails of the Jewish Americans before THREAT TO THE UNITED STATES OF AMERICA? Soon after my return from Saudi Arabia, I us. We do not, in any extrapolation, face There are serious shortcomings of lan- began to record my experiences in a manu- similar disadvantages as earlier American guage in engaging in this particular dis- script that would become my first book, In history reveals. To claim such is a gross discourse. In the post 9–11 era there has been a the Land of Invisible Women now in its 10th tortion of history and demographic data in gravitation towards extreme speech and a edition and published in 13 countries includ- the United States proves this. pervasive lack of integrative complexity in ing Muslim majority Senegal, Indonesia, I would also add I denounce the above as- public speech as shown by critically impor- Turkey, Pakistan and Mauritius. Realizing I sertions of an equivalency between the tant research performed at the University of would be representing two versions of sufferings of other minority populations in Cambridge among others. Such lack of nu- Islam—mine, and that espoused by the the- America and that of Muslim Americans with ance is very well exploited by the cultivating ocracy of Saudi Arabia—I needed to broaden some authority. I understand all about being Islamist. my reading around key areas. a Muslim woman without civil rights as The arrival of a sense of ‘otherization’ of It was in my reading that I discovered the predicated by my two years living under Muslims into the public lens has facilitated political ideology termed Islamism, and the Wahabi theocracy without any civil or the grip of Islamist Lawfare on the public many strains of contemporary radical human rights including those Islam be- dialogue—fueling both the victimhood of Islamism, both violent and non-violent. I queathed me 1500 years ago. I also under- Muslims and the outcries of the offended lib- learned unlike my own experience, many stand the total extinction of civil rights on eral. The false claims and crocodile tears of Muslims struggled with a pervasive sense of minorities—both Muslim and non Muslim— Islamophobia and the encroaching advance- inferiority, influencing their beliefs, sense of as experienced in Islamist Pakistan as de- ment of the idea of defamation of religion justice and identities leading to deep and scribed to me by Christians, Ahmadi Mus- which is pushed by the Organization of the rather novel resentments. The fascist su- lims and Zoroastrians during my last visit to Islamic Cooperation (OIC) elsewhere, here in premacy of Islamist ideologues was therefore Pakistan and in my extensive contact with America intimidates journalists, news media a predictably appealing, if very frightening minorities. and others from engaging in dialogue who development, which was completely alien to I have lived the impact of the Islamist nar- may face spurious lawsuits if they dare en- the Islam I knew. rative both in Saudi Arabia, during my ex- gage in this dialogue. Over this decade the Islamist voice has be- tensive travels in Pakistan and in my years These profound problems with language come increasingly prominent both in the treating Americans in New York as well as have extended to the US government decree United States and globally—whether in ad- when examining the lives of my orthodox banning enforcement agencies from dis- vancing the intrusion of the ritual sym- Bengali British migrants in East London or cussing the very threats we have heard at bolism of Islam into the public space—for in- training some of the very neo-orthodox Mus- this series of hearings, banning the word stance the battle for the niqab in the public lim doctors of that area. ’Islamist’ for instance. This sanitization of arena in France, the demands for the veil to our lexicon reveals a shocking and perhaps be permitted in FIFA soccer tournaments, or MUSLIMS ARE NOT VICTIMIZED BY THE HOME- specious reluctance to engage with the prob- the most recent debacle involving the vili- LAND SECURITY COMMITTEE’S INVESTIGA- lem or worse, a foolhardy embrace, uninten- fication of the NYPD for their counter ter- TIONS tional or otherwise, with the Islamist stance. rorism efforts drawing false accusations of As you learn of my biography, know that I Muslim profiling. am part of an economically powerful Amer- IN CONCLUSION Throughout the world, including in the ican demographic. According to Pew Forum Islam is nothing if not justice. Any injus- United States, the Islamists’ goal is one and data Muslims are mainstream and mostly tice committed or pursued in the name of the same: to stoke the fires of unwitting middle class. I am rather representative. Islam is anathema to the believing Muslim Muslims into believing in their own manu- Like me, 65% of Muslims in America are and counter to the ideal which is Islam, yet factured sense of victimhood as a means to first generation and 18% of us have South Islamists demand unjust abominations— exploit both the uninformed Muslim and Asian heritage. The majority of foreign-born foundational to their beliefs—of their sub- often times the liberal democracies where we Muslim Americans arrived, like me, in the scribers.

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11478 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 17, 2012 Muslims must remember their duties, not HONORING CHARLES M. ‘‘SKIP’’ on sentence for corruption charges. He has only to themselves, or their Maker, but also RUSSELL been incarcerated for over 1,200 days thus to their society wherever they find them- far. Today, I am inserting into the CONGRES- selves. Unlike Islamism which mandates it, Islam reviles claims to supremacy, instead HON. JOE COURTNEY SIONAL RECORD a summary report drafted by a appealing for humility. The Prophet Moham- OF CONNECTICUT three-man medical team led by former pro- med (SAW) himself admonished his followers IN THE HOUSE OF REPRESENTATIVES fessor Joseph Lin, Ph.D., and professors of not to make claims of supremacy over the University of California at Davis Medical Moses, or indeed any other messenger of Tuesday, July 17, 2012 Center, Ken Yoneda, M.D., and Charles God. The Qur’an repeatedly reminds the Mr. COURTNEY. Mr. Speaker, I rise today Whitcomb, M.D., who visited Mr. Chen Shui- Muslim that ‘to each is sent a Law and a to honor a great constituent. Charles ‘‘Skip’’ Bian in jail in Taiwan last month in their ca- Way’ and to each they must ‘judge themselves by their Law and their Way’. Islamist Russell of Enfield, Connecticut passed away pacity as private citizens. The report is titled, Muslims overlook this and many other prin- earlier this week and will be interred with Mili- ‘‘The Effects of Incarceration on the Mental ciples of Islam. tary Honors at St. Patrick King Street Ceme- and Physical Health of Former President Chen Our role as believers is to cooperate and tery. Skip was a mentor and friend to many, Shui-Bian of Taiwan.’’ A full transcript of the collaborate and enhance the world, not to coaching Little League for over ten years, and report is available here: http://www.fapa.org/ oppress, discriminate, exclude or murder serving as the Past Grand Knight of the public/CSB_Report_to_TLHRC_12Jul2012.pdf. others. Major Muslim majority nations Knights of Columbus Council 50. An Enfield These medical professionals traveled to Tai- under the guise of democracy—foremost Pakistan—are operating as Islamist Su- resident since 1951, Skip began as an em- wan in June 2012 to assess President Chen’s premacists who legally persecute Muslim ployee of Bigelow-Stanford Carpet Company. physical and mental condition, and to inquire and non-Muslim minorities to extinction He later served as Sales Manager with Nut- into reports of inhumane living conditions and with impunity. These are not the ways of meg Building Supplies for 35 years until his confinement. The physicians concluded that Muslims. These are the ways of fascists. retirement in 1992. President Chen’s imprisonment conditions are We must redirect media interpretation and During World War II, Skip was also proud to contributing to President Chen’s health prob- expose their bias and painful lack of contex- tual perspective while commending the ef- serve his country in both the Merchant Ma- lems. In their recommendations the report forts of these investigative hearings in an- rines and the United States Army. For his concludes: ‘‘Former President Chen Shui-Bian ticipation of future hearings which will sure- years of outstanding service, Skip was award- [should] be released from confinement on ly assess progress, intervention and outcome ed the World War II Victory Medal. Committed medical parole based on the above assess- data of measures enacted since. to supporting veterans and their families, he ments, conclusion and recommendations, and We also cannot examine the radical remained a lifelong member of AMVETS. on compelling humanitarian grounds.’’ Islamist threat in the United States in a do- Even after his retirement, Skip was a dedi- I am entering this report into the CONGRES- mestic vacuum. This is a transnational, cated and active participant in local grassroots SIONAL RECORD and, in light of the conclu- cross-continental issue mandating an international response. While we have been pur- politics of Enfield, Connecticut. As a member sions, ask that the distinguished Tom Lantos suing conventional international warfare of the Enfield Democratic Committee, Skip Human Rights Commission investigate this im- and in fact have assassinated the leader of Al contributed enthusiastically to local efforts. He portant case at its earliest convenience. Qaedah for instance, we have remained dan- was always the first at Headquarters to volun- REPORT TO THE TOM LANTOS HUMAN RIGHTS gerously vulnerable because of our delayed teer for projects, and he could always be COMMISSION, UNITED STATES HOUSE OF REP- realization of the political science aspects of counted on to have a car trunk full of signs RESENTATIVES Islamist ideology and the very serious threat and hand cards, and pockets stuffed with AN ASSESSMENT AND RECOMMENDATIONS this poses to our democracy. These are stickers and buttons. Skip was an eloquent vulnerabilities which cannot be safeguarded THE EFFECTS OF INCARCERATION ON THE MEN- by drones, or gunships but instead must be supporter of Social Security and Medicare at TAL AND PHYSICAL HEALTH OF FORMER secured by counter ideological warfare which numerous public forums in the Enfield area. PRESIDENT CHEN SHUI-BIAN OF TAIWAN begins here, by widening the debate, discus- His passion and energy for the political proc- (By U.S. Citizen Medical Team—Joseph Lin, sion and scholarship in this arena. ess will be fondly remembered by all his fellow Ph.D., Ken Yoneda, M.D., Charles There is an overwhelming need for focused campaigners, as well as the many elected offi- Whitcomb, M.D.) examination of the interface of Islam and cials and candidates who were fortunate July 12, 2012 Islamism. These investigative hearings pro- enough to meet him. SUMMARY vide the first public foray examining this divide in real-time as expressed in contem- Skip Russell’s legacy is not just that of a de- Former President CHEN SHUI-BIAN (CSB) porary America. Until these questions are voted father, husband, and servicemen, but has been in and out of detention since No- asked, and later answered, until more Amer- also of an engaged and involved citizen in his vember 12, 2008 and incarcerated in Taipei ican Muslims confront the discomfort of local community. Skip will be dearly missed by Prison, Taoyuan County since Dec. 2, 2010. disarticulation from their unquestioning his wife, children, grandchildren, great grand- On Monday June 11, 2012 a team of three pri- brotherhood with the ‘Ummah’ and its worst child, and all those in Enfield whom he vate United States citizens (a Ph.D. team elements, the shifts between Islam, Islamism leader, and two medical doctors) evaluated touched with his years of community service. CSB in Taipei Prison with the purpose of as- and the West, between puritanical Islamists I ask my colleagues to join me in mourning masquerading as Muslims and true moderate sessing his medical health and the conditions non Islamist Muslims, will continue to be the loss and honoring the life of Skip Russell. of his confinement amidst reports of his fail- tectonic and devastating. f ing health and potential human rights viola- In my position of privilege and oppor- tions. They were allowed to interview and tunity, one shared with many Muslims in THE EFFECTS OF INCARCERATION examine him for approximately fifty-five America, if I do not oppose Islamism, I am ON THE MENTAL AND PHYSICAL minutes, had access to much of his medical failing in my Muslim duty to American soci- HEALTH OF FORMER PRESIDENT records, and interviewed three independent ety and in failing American society, I pro- CHEN SHUI-BIAN OF TAIWAN Taiwanese physicians who had seen him as foundly fail as a Muslim. I am reminded of a visitors to the prison but who were not a saying attributed to the Prophet Mohammed part of his prison appointed medical team. by one of his companions who recounted it to HON. ROBERT E. ANDREWS The visit was followed by detailed discus- an early believer: OF NEW JERSEY sions with the Taiwan Medical Panel which ‘‘Whoever sees a wrong and is able to put it IN THE HOUSE OF REPRESENTATIVES included the three physicians mentioned right with his hand, let him do so; if he above. can’t, then with his tongue, if he can’t, then Tuesday, July 17, 2012 CSB has been imprisoned for over four with his heart. That is the bare minimum of Mr. ANDREWS. Mr. Speaker, as a strong years; sometime in late 2011 or early 2012 he faith’. supporter of Taiwan and a founding member began experiencing increasingly more severe This, having both hand, tongue, and heart, of the Congressional Taiwan Caucus, I would and debilitating symptoms, which cul- I am committed to live by and therefore I minated in his transport to two different thank you Chairman King, Ranking Com- like to bring to your attention an issue of con- hospitals for medical evaluation. He de- mittee Member Congressman Thompson and cern to Taiwanese Americans and the people scribed ongoing episodes of severe paroxysms the distinguished members of the Committee of Taiwan. of dyspnea (difficulty breathing) with no ap- on Homeland Security for enabling me to The former President of Taiwan, Mr. Chen parent triggers, accompanied by a sensation fulfill the bare minimum of my belief today. Shui-Bian, is currently serving a 19-year pris- of choking and feelings of great dread, as if

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11479 he was going to die. These episodes were at rated, but had not satisfactorily controlled 5. That there be a review of his echocardio- times accompanied by chest tightness, a his symptoms. In addition, the gram specifically looking for Takotsubo’s feeling of congestion not allowing him to bronchiectasis seen on his chest CT, suggests cardiomyopathy. That his cardiac catheter- take either a deep breath in or out. While that he may have been chronically aspi- ization film be reviewed. the episodes have become perhaps less fre- rating gastric acid into and damaging his 6. That a review of his chest CT be per- quent and less severe since he regularly airways. Coronary artery disease and struc- formed. started taking esomeprazole around mid- tural cardiac disease did not appear to be the 7. That a cosyntropin stimulation test, May, 2012 for gastro-esophageal reflux dis- cause of his ongoing symptoms, but condi- thyroid function tests, ferritin, iron binding ease (GERD), esophagitis (inflammation of tions such as stress cardiomyopathy, evolv- capacity and an evaluation of his hepatitis the esophagus), duodenitis (inflammation of ing pulmonary arterial hypertension and status be considered. the duodenum) and gastritis (inflammation thromboembolic disease are considerations. 8. That further evaluation and testing of the stomach), they continued to be quite His chest x-rays reportedly revealed atelec- would be at the discretion of the evaluating debilitating in nature. Even at rest he con- tasis and his bronchoscopy revealed a lesion physicians. tinued to have a sensation of congestion and in his bronchus. Unfortunately, the medical 9. That there be immediate improvement the feeling that he could not get a good team was unable to personally review his in his confinement conditions at the very breath in or out. It is notable that he had radiographs, bronchoscopy pictures, cardiac least, in accordance with Standard Minimum never experienced similar episodes prior to catheterization films and echocardiogram to Rules of the Treatment of Prisoners (Adopt- his incarceration. As well, he described pro- help complete their evaluation. ed by the First United Nations Congress on gressive dyspnea on exertion over the prior 6 The individual members (admitted non-ex- the Prevention of Crime and the Treatment months. Previously he could jog approxi- perts on international human rights of pris- of Offenders, held at Geneva in 1955, and ap- mately 1.5 miles but now he could not walk oners) of the medical team all felt that the proved by the Economic and Social Council at a normal pace without getting dyspneic. prison conditions as described to them were by its resolutions 663 C (XXIV) of 31 July, Chen is confined to a small cell, approxi- unacceptable for the general prison popu- 1957 and 2076 (LXII) of 13 May, 1977). mately 58 square feet that he shares with an- lation and they raised concerns regarding 10. That a full investigation be conducted other inmate, and is allowed to be outside the human rights of all prisoners in Taiwan. by independent third parties specifically his cell for only one hour a day. Until re- Furthermore, the team found it deeply dis- human rights specialists to determine if the cently he had been permitted to be outside turbing that any prisoner who was this ill, Taipei Prison authorities are in compliance his cell for only 30 minutes a day. Around would continually be subjected to these se- with international standards of incarcer- May of 20, 2012, it was increased to 60 min- vere conditions. For a former President of ation and if CSB’s human rights are being utes a day. In contrast, other prisoners are Taiwan to be confined under such conditions violated. allowed outside of their cells for eight hours was considered unimaginable. 11. That the Tom Lantos Human Rights a day to work and interact with other pris- The consensus recommendations of the Commission convene a hearing to determine oners. He stated that his cell is at times cold team were that former President CHEN the facts and extent of human rights viola- and damp and at other times hot, humid and SHUI-BIAN be evaluated at a comprehensive tions concerning the incarceration of CSB. damp, having inadequate ventilation and no tertiary care center and that the doctors be 12. That former President CHEN SHUI- air conditioning. He sleeps on the floor, allowed to fully evaluate him, to review his BIAN be released from confinement on med- which can be cold and damp, and experiences records in their entirety, to speak to his pre- ical parole based on the above assessments, chills despite blankets. He feels depressed, vious treating physicians and to have access conclusion and recommendations and on experiencing anger and tearfulness, worries a to directly view any and all of his compelling humanitarian grounds. great deal, has frequent nightmares and feel- radiographs, spirometry, bronchoscopy pic- Submitted by: ings of hopelessness that have all worsened tures, cardiac catheterization films and JOSEPH LIN, PH.D. with the ailing health of his wife and moth- echocardiogram. In addition, it was con- KEN YONEDA, M.D. er. He denied suicidal ideation, stating the cluded that the harsh conditions of his con- CHARLES WHITCOMB, M.D. he must fight on for the sake of his family finement were an ongoing source of great f and country. While confined to his cell, he emotional and physical stress and must be must kneel on the ground to write and con- significantly improved otherwise his symp- IN HONOR OF CORPORAL JOSHUA sequently suffers from chronic pain in his toms and his health will continue to deterio- SAMS, UNITED STATES MARINE knees. rate. As physicians without specific exper- SCOUT SNIPER Despite good cooperation from the prison tise in psychiatry or psychology they could officials, extensive consultation with other not determine whether CSB met the criteria local physicians, and a thorough review of for an adjustment disorder, major depression HON. MICHAEL R. TURNER the available medical records, the three-per- or post-traumatic stress disorder (PTSD), OF OHIO son team concluded that adequate assess- but voiced concern that he could develop IN THE HOUSE OF REPRESENTATIVES such problems if his conditions of confinement of CSB’s medical condition and his Tuesday, July 17, 2012 conditions of confinement required further ment remained unchanged. They could not evaluation. They had grave concerns regard- offer an expert opinion as to how much his Mr. TURNER of Ohio. Mr. Speaker, today I ing CSB’s health and believe that it will con- conditions needed to be improved to avoid am speaking in honor of United States Marine tinue to deteriorate, should he remain in his psychological damage or whether at this point it was at all preventable. Scout Sniper CPL Joshua Sams of Wil- present prison confines. Although his evalua- mington, Ohio. On January 12th, 2012 while RECOMMENDATIONS tions at Taoyuan General Hospital and on foot patrol, CPL Sams almost lost his life Chang Gung Memorial Hospital together ap- After careful consideration, the team pear comprehensive and of high quality, his makes the following recommendations: in an improvised explosive device, IED, explo- recent hospitalization at Chang Gung Memo- 1. That former President CHEN SHUI- sion in Helmand Province in Deply Marsh rial Hospital was limited to around 6 hours BIAN (CSB) be transferred to a tertiary care Garsha, Afghanistan. Losing both his legs and and his symptoms remain incompletely ex- medical facility where he could receive sub- suffering numerous other injuries, Joshua with plained. His medical evaluation thus remains specialty evaluation care. only his will to live has come back from the incomplete. Stress, without a doubt was be- 2. That consideration be given to the re- brink of death. His father Peter, who served in lieved to be a major contributor, if not the quest by CSB and his family that he be evaluated at National Taiwan University Hos- the Air Force in the Vietnam War and Josh- major cause of his symptoms, but his symp- ua’s lovely wife Lindsey are the unsung he- toms in conjunction with the spirometry pital given his familiarity with and trust in (breathing tests) that he was not able to the facility where he had previously been roes of the family. They have stood by Joshua complete satisfactorily, but displayed se- evaluated during his Presidency. throughout his recovery. Joshua has always verely reduced inspiratory and expiratory 3. That he be evaluated by a team of physi- been a winner in the game of life. Whether a flows, suggest he may have vocal cord dys- cians consisting of at minimum the fol- star quarterback who led his team towards a function (VCD) with severe intermittent lowing: a. A physician with specific expertise in championship in high school in Ohio, or on the vocal cord spasm. This disorder can be very vocal cord dysfunction. battlefield of honor, his character, courage, difficult to diagnose and treat and often re- b. A pulmonologist. and leadership as a Marine and Scout Sniper quires very specialized expertise to accom- c. A cardiologist. have inspired all who have been around him. plish. This problem will likely continue in d. A psychiatrist. On this day, in tribute to CPL Sams, remem- the presence of his present stressors and will e. A primary care physician or hospitalist. worsen with additional and ongoing 4. That full pulmonary function testing be ber why we live in such a great Nation, and stressors. Certainly gastro-esophageal reflux conducted including lung volumes and DLCO remember men like Joshua and their fine fami- can precipitate and worsen VCD and in his with particular attention paid to the flow lies who provide the bed of Freedom for all of case treatment appeared to have amelio- volume loops. us. Remember the fallen heroes and their

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11480 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 17, 2012 families. I ask that this poem penned in honor And then when you lost your legs, HONORING THE MACKINAC ISLAND of Joshua and his family by Albert Caswell be and death was but days away! STATE PARK COMMISSION placed in the CONGRESSIONAL RECORD. You could have given up, and given way! But, you’ve got miles to go before your last GOING DEEPPPPPPP! days! HON. DAN BENISHEK Going . . . And you’ve got hearts to so touch in so many OF MICHIGAN Going Deeppppp! ways! IN THE HOUSE OF REPRESENTATIVES All In The Game of Life . . . As you run to day light each day! What will our hearts so seek? And you’ve got that lovely wife Lindsey who Tuesday, July 17, 2012 And so strive for to achieve! is the love of your life, Mr. BENISHEK. Mr. Speaker, it is my privi- Will we fall short? and so helped your heart to stay! Or will we go deep? lege to recognize the Mackinac Island State And children in the future to so raise some- Park Commission on the occasion of the bi- All in our hearts of honor, day . . . what promises will we so keep! For you are the kind of son, centennial of the beginning of the War of All in our souls, that every Father so wished he so had one! 1812. This war reasserted America’s lasting to so strive for and so very deep! Marine, for you are a Champion in all that independence and freed our country from for- Will we shine bright? you have done! eign invasion. Will we put it all on the line? And it’s not even halftime yet, Mackinac Island played a decisive role in Will we make each shot so count, and In The Game Of Life you have so many all in our time to so complete? the war effort. Ceded to the United States by victories ahead my son, Wam! Britain in 1796, Fort Mackinac was the site of so many Championships to so achieve! Bam! two battles during the conflict: one in which As all in your heart of courage to keep! Thank you Sams! As what you’ve always done, compete! the fort was captured in a bloodless battle by As Hero, your life is one that is ever so very Because, you put GD in Going Deeppppp! the British, and another in which American sweet! forces bravely attempted to take back the is- Because, on battlefields of honor bright! land and its fort, but were ultimately repelled. There are but all those who so bring their f light! According to local legend, fallen soldiers of Who aim so very high, CONGRATULATING COLONEL this battle are buried at the Fort Mackinac as onto greatness they so set their sights! AMANDA W. GLADNEY Post Cemetery, which by custom flies its flag Who so make the shot, at half-staff to honor the many unknown sol- and make it count all in that fight! diers buried in its hallowed ground. This war Who but give all that they’ve so got! HON. STEVE AUSTRIA also marked the end of conflict between the Who so lead, not follow . . . and that says it OF OHIO United States and Great Britain and ultimately all . . . that says a lot! Or on football fields of green . . . IN THE HOUSE OF REPRESENTATIVES led to peaceful relations with England and Canada, two of our nation’s greatest allies. There are but those who are so seen! Tuesday, July 17, 2012 Who come up to the line to so convene . . . The Mackinac Island State Park Commis- Who do not follow, but so lead! Mr. AUSTRIA. Mr. Speaker, I rise today to sion has been a leader in preserving this For in The Game of Life, congratulate Colonel Amanda W. Gladney for proud history. Since the site of the first land every step that we so take, her outstanding service to our Nation and the battle of the War of 1812 and an important will our very futures all so make! United States Air Force. memorial to our armed forces are both located All in what we have so left, on this island, I would like to commend the until we so take our last and final breath’s! It is an honor to join the people of Ohio’s Will this world our lives so bless? Seventh Congressional District in congratu- Commission, its board and its employees for Will we go deep all in our life’s quest? lating Colonel Gladney upon her relinquish- their dedication to the island, its sites, its peo- Or will we come up short, ment of command as the Commander, 88th ple, and its organization of this year’s bicen- only to in our old ages our lives will we so Air Base Wing, Air Force Materiel Command, tennial commemoration. regret! Wright-Patterson Air Force Base, Ohio. I wish to extend my best wishes to the peo- When, we so realize . . . Colonel Gladney commands one of the larg- ple of Mackinac Island, visitors, and the gov- That In The Game of Life, our hearts were ernments of the United States and Canada as not so pledged! est air base wings in the United States Air Better to die for something, Force, with more than 5,000 Air Force military, they commemorate this solemn and significant than live for nothing at all! civilian, and contractor employees. The wing occasion. Better to give up your two strong legs, provides support and services to one of the f and walk like a hero and stand ever so tall! largest, most diverse, and most organization- Than, walk on two legs and crawl! IN REMEMBRANCE OF DR. ANNA Better to go deep, ally complex bases in the Air Force including SCHWARTZ and put it all on the line . . . than not at all! a major acquisition center, research and de- Do we do it? velopment laboratories, a major command Do we hear that call? headquarters, an airlift wing, and the world’s HON. KEVIN BRADY Or in the end, largest military air museum. The base is home OF TEXAS are we but left with nothing at all! to more than 27,000 employees and is the IN THE HOUSE OF REPRESENTATIVES For In The Game of Life, largest single site employer in the State of Tuesday, July 17, 2012 Cpl Sams, you’ve made a difference with it all! Ohio. Mr. BRADY of Texas. Mr. Speaker, last And still you’re coming up to that line, Colonel Gladney completed the 350 million month, the United States lost one of its most and going deep with that long ball each and dollar Base Realignment and Closure Project, pre-eminent minds. every time! including the completion of the Air Force’s Anna J. Schwartz, perhaps the most pio- For, your life has been and will always be, largest military construction effort since World neering economist in her generation, passed all about going deep and making that call! War II, and drove outreach efforts with away at the age of 96. Dr. Schwartz had con- Because, some men are put upon this earth! 430,000-plus volunteer hours into the local To So Beseech Us, To So Teach Us . . . in all siderable impact upon how academics and their worth! community. I can attest to her solid reputation others think about monetary policy and the To Lead one and all! of dedication to and pride in the men and role it can play in sustaining the economic Yea, you United States Marine . . . women of the 88th Air Base Wing. health of nations. She was best known for co- all in your most heroic shades of green! For her strong dedication of service to our authoring, along with Milton Friedman, ‘‘A As a sniper out into that darkness of night, community, I join the people of Ohio’s Seventh Monetary History of the United States, 1867– or in the brightness of day unseen! Congressional District in extending our best 1960.’’ The book’s thesis attributed the worst Inspiring all of your brothers, fellow Ma- rines! wishes upon her new assignment as the Di- depth of the Great Depression to the Federal Yea, just like on those football fields of rector of Communications for Special Oper- Reserve’s restricting the supply of money, green . . . ations Command Europe in Stuttgart, Ger- when it should have expanded it. Its conclu- You’ve always completed the long one, many and wish her ongoing success in all fu- sions revolutionized both our understanding of if you know what I mean! ture endeavors and in this new capacity. that era and how its history was being taught.

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11481 The book was instantly recognized as a My staff and I have worked with Ms. Castro- Mr. Speaker, I am honored that Carmen classic in its field. ‘‘Anna did all of the work, Conroy since the housing crisis began. She is Castro-Conroy is my constituent and that she and I got most of the recognition,’’ Friedman, a leader in her field—a truly outstanding, pro- is able to provide such outstanding service to who received the Noble Prize in economic fessional and dedicated public servant. As Ms. so many others. science in 1976, observed. Castro-Conroy notes in her interview, applying f As he did most things, Friedman had that for assistance is often emotionally difficult— right. Had Anna either been born male or en- and made even more so by the poor quality of IN RECOGNITION OF MS. MARIE tered the world a generation later, she cer- service homeowners so often receive from the ‘‘RIE’’ BLAISDELL tainly would have won more plaudits than she banks. Counselors like Ms. Castro-Conroy did and received those that came her way help homeowners to navigate these chal- HON. FRANK PALLONE, JR. much earlier in her career. lenges with diligence and care. OF NEW JERSEY Yet in many ways, hers was the typical I hope that this article will help to educate IN THE HOUSE OF REPRESENTATIVES American story, one we would do well to keep my colleagues who fund these counseling Tuesday, July 17, 2012 in mind as we prepare to celebrate the 236th services and the homeowners who use them anniversary of our nation’s independence. about the invaluable services that our HUD- Mr. PALLONE. Mr. Speaker, I rise today to The third child of Jewish immigrants from certified counselors are providing. congratulate Ms. Marie ‘‘Rie’’ Blaisdell. Ms. eastern Europe, Anna, at an early age, FIRST PERSON SINGULAR: CARMEN CASTRO- Blaisdell will be recognized by the Monmouth showed that pioneering spirit that so charac- CONROY, 40, GAITHERSBURG, HOUSING COUN- County Historical Association at the 2012 Gar- terizes the best of America. While at Walton SELOR, HOUSING INITIATIVE PARTNERSHIP den Party for her outstanding contributions to High School in the Bronx, she showed a par- (By Amanda Abrams) the association. ticular bend for economics, hardly a field We see a lot of families who have either Rie Blaisdell has served as a member of the known to be hospitable to women. ‘‘I found it lost their jobs or experienced income reduc- Monmouth County Historical Association since more exciting than literature or foreign lan- tion through a cut in salary or another type 1959. Ms. Blaisdell continues to volunteer of crisis related to illness, death, divorce, countless hours and is a member of the Board guages.’’ She was only 18 when she grad- disability. We see all of it. They feel over- uated from Barnard College. She would be whelmed. Our job is to educate them so they of Trustees. She is a strong advocate for the well into middle age when she obtained her can know all the options available and make study of Monmouth County history. Rie is Ph.D. good decisions. fondly remembered for her role as a docent at Right until the end, Anna remained active in Losing a home is devastating; just think- Allen House. She often provides animated and her field. She lectured officials at the Federal ing about losing a home is very stressful. It’s historically accurate stories of Revolutionary Reserve when she thought they made wrong not necessarily just a house that we’re talk- soldiers for visitors to enjoy. Colleagues con- calls and blissfully engaged in debates in the ing about, it’s a family. Some clients come tinue to applaud Ms. Blaisdell’s warm person- to us when things have very much deterio- ality, hard work and motivation. Rie Blaisdell opinion pages of newspapers to correct rated, and they’re under a lot of stress and misstatements of fact and of economics by their health is at risk. Not everyone will continues to personify the qualities of a true columnists she thought incorrigible. stay in the homes they’re in, but it’s better historian. Looking back on her career, she quoted the to be at peace than to try to keep a home Members of the Monmouth County Histor- poet Wordsworth: that they cannot afford and end up in a hos- ical Association praise Ms. Blaisdell for her in- ‘‘Bliss was it in that dawn to be alive/But to pital. It’s difficult if you’ve lived in a home strumental role in launching the Historical As- be young was very heaven!’’ for a long time, and it’s the only place that sociation’s first Garden Party in 1975. At its in- you think you’re going to be okay. ception, the Historical Association Garden I ask that the House join in paying tribute to Many times, even if they have family or this most inspiring woman and in expressing friends, they feel embarrassed to let people Party included an informal afternoon cocktail both our gratitude and condolences to her know what they’re going through, so they party hosted by local residents. Ms. Blaisdell family. suffer in silence. I tell them that regardless has remained an active Garden Party com- f of the outcome, they’re not going to be going mittee member for 37 years and continues to through this by themselves. It’s my responsi- lend her experience and expertise. Ms. TRIBUTE TO CARMEN CASTRO- bility to encourage them and to lift them up. Blaisdell’s unending generosity has undoubt- CONROY AND HUD-CERTIFIED I tell them, ‘‘This is a house; you’re bigger edly touched many lives throughout Central HOUSING COUNSELORS than this, and you’re going to come out of New Jersey. this stronger.’’ I hear a lot of judgment out there of people Mr. Speaker, once again, please join me in HON. CHRIS VAN HOLLEN that go into default, but I always think it congratulating Ms. Marie ‘‘Rie’’ Blaisdell for re- OF MARYLAND could happen to anybody. I have clients who ceiving the honor bestowed by the Monmouth IN THE HOUSE OF REPRESENTATIVES never thought they’d be diagnosed with can- County Historical Association. Her dedication cer. Never thought they’d lose a husband. and service continues to provide inspiration Tuesday, July 17, 2012 Never thought they were going to lose their and insight for future generations of historians Mr. VAN HOLLEN. Mr. Speaker, I rise to job. It makes me very conscious about how throughout Monmouth County and New Jer- one day you could think you have every- bring to my colleagues’ attention the ‘‘First sey. Person Singular’’ interview by Amanda thing, and the next day your life could dramatically change. f Abrams that appeared in the Washington Post I just got an outcome this week of a case magazine on Sunday, July 15, 2012 about my I opened in January 2011. This was a client HONORING THE CITY OF RALSTON, constituent, Carmen Castro-Conroy, the senior whose husband left her with five children to NEBRASKA ON ITS 100-YEAR AN- HUD-certified housing counselor serving my care for. She went from being a stay-at-home NIVERSARY congressional district. mom to finding a full-time job, but her in- I commend this article to my colleagues become still wasn’t enough to make regular HON. LEE TERRY cause it highlights the dedication and compas- mortgage payments. She just qualified for a permanent modification, so she’ll be able to OF NEBRASKA sion of the HUD-certified counselors who are stay in the property. IN THE HOUSE OF REPRESENTATIVES assisting those hardest hit by the housing cri- I love what I do. I was thinking about this Tuesday, July 17, 2012 sis. These counselors, whose services are during the weekend, during Mass. This is one funded by the federal government, help home- way to show that you love God, working in Mr. TERRY. Mr. Speaker, I rise today to owners who are behind or at risk of becoming the face of people that are in trouble, people honor the city of Ralston, Nebraska, for its behind on their mortgages to analyze their op- that are suffering. Before ’08, I was working 100-year anniversary. tions, prepare modification applications, and in a home-ownership education program. We Ralston is a city with a population of roughly were all pulled out from that to serve in advocate on their behalf. Statistics show that foreclosure intervention counseling. We 6,000 people, all of which are extremely hard homeowners who utilize these counseling didn’t know how long it was going to last, working and are some of the friendliest people services have greater success in obtaining and now we’re in the fourth year of crisis. you will meet. It provides its residents with a mortgage relief from their lenders than those And we don’t see the light at the end of the small town atmosphere inside of Nebraska’s who do not. tunnel. largest city.

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11482 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 17, 2012 Ralston was founded in June 1912 with a Beyond her service to our military men and ied at Columbia University in New York. And, population of about 200 people. The popu- women and veterans, Ann has been an active she was a member of Kappa Delta Pi, an hon- lation continued to grow until March 23, 1913, member of the Unadilla, NY community for the orary society for students in education. She when a devastating tornado destroyed much past 31 years. Ann raised her two sons while also understood and valued her obligation and of the town. The residents banned together helping hundreds of other children through her duty to serve our society and those in need and decided to rebuild a better, more beautiful career in education. As a dedicated volunteer and did so through Delta Sigma Theta Soror- city. and community leader, she was a founding ity, Incorporated where she was a Golden Life The city of Ralston is recognized across the member of the Recreation Commission and is Member, a 60Years-Plus Member, and a char- State as being a great place to raise a family. active in the Sidney Community Band, in the ter president of the Orlando Alumnae Chapter, The city plays host to family friendly functions Academic Team at Unatego High School, and who enjoyed the status of a Delta Dear. throughout the year and works to promote a has served on the Unadilla Community Foun- The life of Anne Mitchell Felder was one of safe place for families to reside. Ralston has dation Board. accomplishment and service. We are aware been ranked as one of the top cities to relo- For these reasons, I am glad to stand today that a life well lived is a life well shared. As an cate to in America and one of the most secure in recognition of NYS American Legion Auxil- educator and hero, she gave of her talents places to live in America by national Web iary Department President Ann Geer’s service and gifts to benefit the community, the nation, sites. in Otsego County, New York State, and and her family. In her passing, we pay tribute Living an active lifestyle is highly valued by across our country. I am honored to be given to an exceptional leader whose courage, the people of Ralston. There are many city- the opportunity to acknowledge her dedication strength, and love of her community left an in- wide events scheduled each month to provide to our community and especially our veterans. delible legacy for future generations. She will citizens with opportunities to get involved in We all owe her a debt of gratitude and appre- be remembered and respected because she the community. Ralston has many beautiful ciation. had an awesome gift of teaching and providing love and support to those who knew parks, campgrounds, and a water and ride f park. her. We offer our prayers for her immediate The city of Ralston also makes a significant HONORING ANNE MITCHELL family and host of loving relatives and friends contribution to Nebraska’s economy. Members FELDER whose lives have been forever changed by of the Ralston Area Chamber of Commerce this exceptional woman. We thank our Heav- work to enhance the city’s economy by cre- HON. CORRINE BROWN enly Father for allowing us to be blessed with ating jobs and encouraging the location of new OF FLORIDA the time spent with Anne Mitchell Felder, our friend, mother, sister, and hero. businesses into the community. IN THE HOUSE OF REPRESENTATIVES Anne Mitchell Felder is survived by her Ralston has made meaningful contributions Tuesday, July 17, 2012 to the State of Nebraska and has been an ex- daughter Vicki-Elaine Felder, and brother cellent place for its residents to call home for Ms. BROWN of Florida. Mr. Speaker, on be- Thomas Watson Mitchell. the last 100 years. I would like to extend my half of the constituents of the Third Congres- f congratulations to the city for a successful sional District of Florida and myself, I rise now OUR UNCONSCIONABLE NATIONAL century and wish the community many more to offer my heartfelt condolences and pay spe- DEBT years of continued success. cial tribute to the life of, Ms. Anne Mitchell f Felder, a woman of many talents and pas- sions, who honorably served our country in HON. MIKE COFFMAN OF COLORADO NEW YORK STATE AMERICAN LE- The United States Army, and who worked as IN THE HOUSE OF REPRESENTATIVES GION AUXILIARY DEPARTMENT an educator and was a faithful servant to her PRESIDENT ANN GEER community and church. Anne Mitchell Felder Tuesday, July 17, 2012 was a hero, humanitarian, community leader Mr. COFFMAN of Colorado. Mr. Speaker, HON. CHRISTOPHER P. GIBSON and friend. on January 20, 2009, the day President OF NEW YORK We are inspired when we recall the accom- Obama took office, the national debt was IN THE HOUSE OF REPRESENTATIVES plishments of a woman whose lifetime of serv- $10,626,877,048,913.08. ice and dedication served many and whose Today, it is $15,875,734,673,516.05. We’ve Tuesday, July 17, 2012 lasting influence changed the lives of those added $5,248,857,624,602.97 to our debt in Mr. GIBSON. Mr. Speaker, I rise today on around her. Beginning her career as an edu- just over 3 years. This is debt our nation, our behalf of the people of New York’s 20th Dis- cator at Lincoln High, in Bradenton, Florida for economy, and our children could have avoided trict to express our sincere appreciation for the six years, Anne Mitchell Felder went on to with a balanced budget amendment. continued hard work, dedication, and contribu- serve in The United States Army’s, Women’s On this day in 1945, President Harry Tru- tions made to our communities by New York Army Corps (WAC), where she became a man, Soviet leader Joseph Stalin and British State American Legion Auxiliary Department medical laboratory technician at the Reception Prime Minister Winston Churchill met at the President Ann Geer. Center in Ft. Benning, Georgia. A recipient of opening of the Potsdam Conference. We must Department President Geer has worked tire- the WAC three-year Service Ribbon, Good balance the budget so that we may continue lessly for over 30 years to serve and protect Conduct Medal, the Army Commendation Rib- to meet and lead other great world powers. our veterans’ interests. As a 24-year veteran bon, and Victory Pin, Ms. Felder was a hero. f of the United States Army, I am personally She returned to civilian life to follow her pas- RECOGNIZING THE LEADERSHIP humbled and appreciative of all the work that sion of educating the young minds of tomor- OF DR. DON BERWICK Ann has done. She has been active since row by teaching at Jones High School for over 1981 in the Joyce-Bell Unit located in Otsego 22 years, teaching mathematics, serving as County, which she was able to join due to her Guidance Counselor and later as Dean of Stu- HON. FORTNEY PETE STARK husband Stephen’s honorable service during dents. A religious woman who remained active OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES the Vietnam era. After only a short period of in her church, The New Covenant Baptist time, Ann became the Unit President in 1982, Church of Orlando, Ms. Felder was secretary Tuesday, July 17, 2012 a position she served for six years. to the Charter Trustee Ministry from 1992– Mr. STARK. Mr. Speaker, Don Berwick was Ann’s leadership and incredible dedication 1996 and most recently a member of District Acting Administrator of the Centers for Medi- resulted in her being selected for every major Five and the Sanctuary Sunday School Class. care and Medicaid Services for President committee and office position at the unit and A woman for whom education was impor- Obama. Unfortunately, the minority party in county level until being elected as full Depart- tant, Anne Mitchell Felder received an Asso- the U.S. Senate was able to prevent him from ment President on July 16, 2011. She has ciate of Arts degree from Bethune-Cookman being confirmed into the post and so he was since served with honor and distinction, lead- College; a Bachelor of Arts degree from Flor- forced to leave at the end of 2011. ing the New York Department at a national ida Agricultural and Mechanical College; a I’ve copied below a recent commencement level while continuing to serve at the local and Master of Science Degree from Florida Agri- address at Harvard Medical School by Dr. State levels. cultural and Mechanical University; and stud- Berwick.

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11483 If Dr. Berwick doesn’t embody the spirit we out. For reasons you will not control and grew. His courage. His insight. His gen- want for our medical professionals—as well as may never understand, a few will hug your erosity. heart, and they will become for you touch But there is more to tell. our public servants—I don’t know who does. Isaiah smoked his first dope at age 5. He I urge my colleagues to read this speech. points—signposts—like that big boulder on that favorite hike that, when you spot it, got his first gun before 10, and, by 12, he had Driving people like Dr. Berwick out of public tells you exactly where you are. If you allow committed his first armed robbery; he was service is not something of which anyone it—and you should allow it—these patients on crack at 14. Even on chemotherapy, he should be proud. will enter your soul, and you will, in a way was in and out of police custody. For months [From JAMA, June 27, 2012] entirely right and proper, love them. These after his transplant he tricked me into extra TO ISAIAH people will be your teachers. prescriptions for narcotics, which he hoarded and probably sold. Two of his five brothers (By Donald M. Berwick, MD, MPP) Isaiah taught me. He was 15 when I met him. It was 1984, and I was the officer of the were in jail—one for murder; and, two years THANK YOU FOR LETTING ME SHARE day—the duty doctor in my pediatric prac- into Isaiah’s treatment, a third brother was THIS GLORIOUS DAY with you and your tice at the old Harvard Community Health shot dead—a gun blast through the front loved ones. Feel good. Feel proud. You’ve Plan. My nurse practitioner partner pointed door—in a drug dispute. earned it. to an exam room. ‘‘You better get in there,’’ Isaiah didn’t finish school, and he had no In preparation for today, I asked your dean idea of what to do for legitimate work. He of students what she thinks is on your mind. she said. ‘‘That kid is in pain.’’ He was in pain. Isaiah was a tough-looking, got and lost job after job for not showing up So, she asked you. The word you used—many or being careless. His world was the street of you—was this one: Worried. You’re wor- inner-city kid. I would have crossed the street to avoid meeting him alone on a corner and his horizon was only one day ried about the constant change around you, away. He saw no way out. He hated it, but he uncertain about the future of medicine and Roxbury corner at night. I’m not proud of that fact, but I admit it. But here on my ex- saw no way out. He once told me that he dentistry. Worried about whether you can thought his leukemia was a blessing, because make a decent living. You’ve boarded a boat, amining table he was writhing, sweating in pain. He was yelling obscenities at the air, at least while he was in the hospital, he and you don’t know where it’s going. couldn’t be on the streets. I can reassure you. You’ve made a good and, when I tried to examine him, he yelled them at me. ‘‘Don’t you f–––––g touch me! Do And Isaiah died. One night, 18 years after choice—a spectacularly good choice. The ca- his leukemia was cured, at 37 years of age, reer you’ve chosen is going to give you many something!’’ I didn’t figure out what was going on that they found him on a street corner, breathing moments of poetry. My favorite is the mo- but brain-dead from a prolonged convulsion ment when the door closes—the click of the afternoon. Nothing made sense. I diagnosed, illogically, a back sprain, and I sent him from uncontrolled diabetes and even more catch that leaves you and the patient to- uncontrolled despair. gether in the privacy—the sanctity—of the home on analgesics. Then, that evening, the report came: an urgent call from the lab. Isa- Isaiah tried to phone me just before that helping relationship. Doors will open too. fatal convulsion. He had my home number, You’ll find ways to contribute to progress iah didn’t have a back sprain; he had acute lymphoblastic leukemia. And we didn’t have and I still have the slip of paper on which my that you cannot possibly anticipate now, any daughter wrote, ‘‘Isaiah called. Please call more than I could have dreamed of standing his phone number. The police helped track him down that him back.’’ I never did. He would have said, here when I was sitting where you are 40 ‘‘Hi, Dr Berwick. It’s Isaiah. I’m really sick. years ago. night, to a lonely three-decker, third floor, a solitary house in a weedy lot on Sheldon I can’t take it. I don’t know what to do. But look, I won’t lie; I’m worried too. I Please help me.’’ Because that is what he went to Washington to lead the Centers for Street in the heart of Roxbury. Isaiah lived there with his mother, brothers, and his often said. Medicare & Medicaid Services, full of hope Isaiah spent the last two years of his life in mother’s foster children. for our nation’s long-overdue journey toward a vegetative state in a nursing home where I What followed was the best of care . . . the making health care a human right here, at sometimes visited him. At his funeral, his glory of biomedical science came to Isaiah’s last. In lots of ways, I wasn’t disappointed. I family asked me to speak, and I could think service. Chemotherapy started, and he went often saw good government and the grandeur of nothing to talk about except his courage. of democracy—both alive, even if not at the predictably into remission. But we knew Isaiah, my patient. Cured of leukemia. moment entirely well. that ALL in a black teenager behaves badly. Killed by hopelessness. But, like you, I also found much that I Unlike in younger kids, cure was unlikely. I bring Isaiah today as my witness to two could not control—a context torn apart by He would go into remission for a while, but duties; you have both. It’s where your com- antagonisms—too many people in leadership, the cancer would come back and it would pass points. from whom we ought to be able to expect kill him. Three years later, he relapsed. First, you will cure his leukemia. You will more, willing to bend the truth and rewrite I drove to his apartment one evening in bring the benefits of biomedical science to facts for their own convenience. I heard irre- 1987 and sat with Isaiah and his graceful, dig- him, no less than to anyone else. Isaiah’s sponsible, cruel, baseless rhetoric about nified mother around a table with a plastic poverty, his race, his troubled life-line—not death panels silence mature, compassionate, red-checkered tablecloth and explained the one of these facts or any other fact should scientific inquiry into the care we all need only option we knew for possible cure—a stand in the way of his right to care—his and want in the last stages of our lives. I bone marrow transplant, not when he felt human right to care. Let the Supreme Court heard meaningless, cynical accusations sick, but now, at the first sign of relapse, have its day. Let the erratics and vicissi- about rationing repeated over and over again when he was still feeling fine. He was feeling tudes of politics play out their careless by the same people who then unsheathed fine, and I was there to propose treatment games. No matter. Health care is a human their knives to cut Medicaid. I watched fear that might kill him. right; it must be made so in our nation; and grow on both sides of the political aisle—fear They didn’t hesitate. Isaiah wanted to live. it is your duty to make it so. Therefore, for of authentic questions, fear of reasoned de- He got his transplant, from his brother. His your patients, you will go to the mat, and bate, and fear of tomorrow morning’s head- course was stormy, admission after admis- you will not lose your way. You are a physi- lines—fear that stifled the respectful, civil, sion followed, then chronic complications of cian, and you have a compass, and it points shared inquiry upon which the health of de- his transplant—diabetes and asthma. His true north to what the patient needs. You mocracy depends. Children’s Hospital medical record that year will put the patient first. And so, HSDM and HMS Class of 2012, I’m took up five four-inch-thick volumes. But he But that is not enough. Isaiah’s life and worried too. I too wonder where this boat is got through. Isaiah was cured. death testify to a further duty, one more going. We became very close, Isaiah and I, subtle—but no less important. Maybe this There is a way to get our bearings. When through this time and for years after—long second is not a duty that you meant to em- you’re in a fog, get a compass. I have one— conversations about his life, his hopes, his brace; you may not welcome it. It is to cure, and you do too. We got our compass the day worries. He always asked me about my kids. not only the killer leukemia; it is to cure the we decided to be healers. Our compass is a And his mother, close, as well. An angel—a killer injustice. question, and it will point us true north: tough angel raised by her sharecropper Antoine de Saint-Exupe´ry wrote, ‘‘To be- How will it help the patient? grandfather on a North Carolina farm, who come a man is to be responsible; to be This patient has a name. It is ‘‘Isaiah.’’ He read Isaiah the riot act when she had to and ashamed of miseries that you did not cause.’’ once lived. He was my patient. I dedicate who fiercely protected him—and who, during I say this: To profess to be a healer, that is, this lecture to him. the darkest times of his course, continued to to take the oath you take today, is to be re- You will soon learn a lovely lesson about tend her ten foster children, as well as her sponsible; to be ashamed of miseries that doctoring; I guarantee it. You will learn that own. you did not cause. That is a heavy burden, in a professional life that will fly by fast and I came to know Isaiah well, but it wouldn’t and you did not ask for it. But look at the hard, a hectic life in which thousands of peo- be quite right to call us friends—our worlds facts. ple will honor you by bringing to you their were too far apart—different galaxies. But In our nation—in our great and wealthy pain and confusion, a few of them will stand my respect and affection for Isaiah grew and nation—the wages of poverty are enormous.

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0689 Sfmt 0634 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11484 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 17, 2012 The proportion of our people living below the people in the dawn, the twilight, and the rope for six months. In 2004, he was mobi- official poverty line has grown from its low shadows. But those commitments have never lized again for Operation Iraqi Freedom and point of 11% in 1973 to more than 15% today; in my lifetime been both so vulnerable and served as the Chief of Operations for the Coa- among children, it is 22%—16.4 million; so important. among black Americans, it is 27%. In 2010, You are not confused; the world is. You lition Provisional Authority—Baghdad Central more than 46 million Americans were living need not forget your purpose, even if the in Baghdad, Iraq. During this time, Captain in poverty; 20 million, in extreme poverty— world does. Leaders are not leaders who per- Domeracki built the financial structure for the incomes below $11 000 per year for a family of mit pragmatics to quench purpose. Your pur- Baghdad Provincial government and reestab- four. One million American children are pose is to heal, and what needs to be healed lished financial operations for the City of homeless. More people are poor in the United is more than Isaiah’s bone marrow; it is our Baghdad. He aided in rebuilding the country of States today than at any other time in our moral marrow—that of a nation founded on Iraq by managing over $100 million in busi- nation’s history; 1.5 million American house- our common humanity. My brother, a retired ness development projects and capital outlays. holds, with 2.8 million children, live here on schoolteacher, tells me that he always gets In 2009, he was mobilized to fill the U.S. less than $2 per person per day. And 50 mil- goose bumps when he reads this phrase: ‘‘We, lion more Americans live between the pov- the people . . . We—you, and me, and Isa- Army Civil Affairs’ billet. He served as the erty line and just 50% above it—the near- iah—inclusive. Chief of Operations for the Multi-National poor, for whom, in the words of the Urban In- It is time to recover and celebrate a moral Forces Iraq—Civil Military Operations Direc- stitute, ‘‘The loss of a job, a cut in work vocabulary in our nation—one that speaks torate and was in charge of the development hours, a serious health problem, or a rise in without apology or hesitation of the right to and vocational training programs and projects housing costs can quickly push them into health care—the human right—and, without for the entire country of Iraq. Captain greater debt, bankruptcy’s brink, or even apology or hesitation, of the absolute Domeracki’s actions also enabled thousands homelessness.’’ For the undocumented immi- unacceptability of the vestiges of racism, the of militia-aged Iraqis to be employed. He was grants within our borders, it’s even worse. violence of poverty, and blindness to the For all of these people, our nation’s com- needs of the least powerful among us. able to facilitate this through personally coordi- mitment to the social safety net—the por- Now you don your white coats, and you nating three international conferences and tion of our policy and national investment enter a career of privilege. Society gives you over $2.1 billion in private sector funds from that reaches help to the disadvantaged—is rights and license it gives to no one else, in companies in the United Arab Emirates. These life’s blood. And today that net is fraying— return for which you promise to put the in- funds were invested in business development badly. In 2010, 20 states eliminated optional terests of those for whom you care ahead of projects in the various regions of Iraq and en- Medicaid benefits or decreased coverage. your own. That promise and that obligation abled the building of ten vocational training State Social Services Block Grants and Food give you voice in public discourse simply be- schools with over 10,000 students enrolled. Stamps are under the gun. Enrollment in the cause of the oath you have sworn. Use that TANF program—Temporary Assistance to voice. If you do not speak, who will? Additionally, over 70 agri-businesses and co- Needy Families—has lagged far behind the If Isaiah needs a bone marrow transplant, operatives, ranging from commercial milk need. Let me be clear: the will to eradicate then, by the oath you swear, you will get it processing to date production, and industrial- poverty in the United States is wavering—it for him. But Isaiah needs more. He needs the level honey processing, were created through is in serious jeopardy. compassion of a nation, the generosity of a these efforts. In the great entrance hall of the building commonwealth. He needs justice. He needs a In conjunction with his military achieve- where I worked at CMS—the Hubert Hum- nation to recall that, no matter what the ments, Captain Domeracki has thirty-two years phrey Building, headquarters of the Depart- polls say, and no matter what happens to be of municipal government management experiment of Health and Human Services—are temporarily convenient at a time of political chiseled in massive letters the words of the combat and economic stress, that the moral ence and has served as the Chief Financial late Senator Humphrey at the dedication of test transcends convenience. Isaiah, in his Officer of the Texas Municipal League Inter- the building in his name. He said, ‘‘The legions, needs those in power—you—to say to governmental Risk Pool for the past twenty moral test of government is how it treats others in power that a nation that fails to years. people in the dawn of life, the children, in attend to the needs of those less fortunate Captain Domeracki’s awards include the the twilight of life, the aged, and in the among us risks its soul. That is your duty Bronze Star, Defense Meritorious Service shadows of life, the sick, the needy, and the too. Medal (3rd Award), Meritorious Service Medal handicapped.’’ This is my message from Isaiah’s life and (4th Award), Joint Service Commendation This is also, I believe, the moral test of from his death. Be worried, but do not for professions. Those among us in the shad- one moment be confused. You are healers, Medal, Navy & Marine Corps Commendations ows—they do not speak, not loudly. They do every one, healers ashamed of miseries you Medals (3rd Award), Army Commendation not often vote. They do not contribute to po- did not cause. And your voice—every one— Medal, Navy and Marine Corps Achievement litical campaigns or PACs. They employ no can be loud, and forceful, and confident, and Medal (3rd Award), Army Achievement Medal lobbyists. They write no op-eds. We pass by your voice will be trusted. In his honor—in and the Combat Action Ribbon. their coin cups outstretched, as if invisible, Isaiah’s honor—please, use it. Mr. Speaker, thank you for the opportunity on the corner as we head for Starbucks; and Donald M. Berwick, MD, MPP to recognize this great American. His selfless Congress may pass them by too, because f service and duty to this country are an inspira- they don’t vote, and, hey, campaigns cost tion to us all. money. And if those in power do not choose NAVY CAPTAIN HENRY of their own free will to speak for them, the DOMERACKI f silence descends. Isaiah was born into the shadows of life. IN HONOR OF THE SIGNIFICANT Leukemia could not overtake him, but the HON. JOHN R. CARTER CONTRIBUTIONS OF TAMARA shadows could, and they did. OF TEXAS ZAHN TO THE CITY OF INDIAN- APOLIS I am not blind to Isaiah’s responsibilities; IN THE HOUSE OF REPRESENTATIVES nor was he. He was embarrassed by his fail- ures; he fought against his addictions, his Tuesday, July 17, 2012 HON. ANDRE´ CARSON disorganization, and his temptations. He Mr. CARTER. Mr. Speaker, I would like to tried. I know that he tried. To say that the OF INDIANA cards were stacked against him is too glib; take this opportunity to honor United States IN THE HOUSE OF REPRESENTATIVES Navy Captain Henry Domeracki. Captain others might have been able to play his hand Tuesday, July 17, 2012 better. I know that; and he knew that. Domeracki has made countless sacrifices But to ignore Isaiah’s condition not of his throughout his 36 years of dedicated service Mr. CARSON of Indiana. Mr. Speaker, today choosing, the harvest of racism, the frailty to the defense of our great nation. He is an I rise to express my gratitude to Tamara Zahn of the safety net, the vulnerability of the American hero who has received numerous for her considerable achievements over the poor, is simply wrong. His survival depended medals and recognitions for his dedicated past two decades as President of Indianapolis not just on proper chemotherapy, but, equal- service. As such, I am proud of his achieve- Downtown, Inc. Her vision, leadership and tire- ly, on a compassionate society. I am not sure when the moral test was put ments and congratulate him on his recent re- less determination have helped transform on hold; when it became negotiable; when tirement. downtown Indianapolis into a first-class des- our nation in its political discourse decided Captain Domeracki was recalled to active tination for visitors and Hoosiers alike. that it was uncool to make its ethics explicit duty during the Gulf War in 1991, and served Our ‘‘Hoosier Hospitality,’’ in combination and its moral commitments clear—to the as a Counter-Terrorism Officer/Agent in Eu- with our well-deserved reputation as a premier

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 17, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11485 location for sports fans, has made the City of RECOGNIZING THE CROATIAN MU- Sy retired to Florida at 82. He is the father Indianapolis a model for other municipalities SICAL GROUP RUZˇ E of two daughters and a grandfather of two am- looking to rejuvenate their image and grow DALMATINKE bitious young men. I ask my colleagues to join their local economy. with me in recognizing the extraordinary life of Under the tenure of Tamara Zahn, our city HON. ADAM SMITH this man who exemplifies the American has witnessed unprecedented growth and a OF WASHINGTON dream. staggering transformation of downtown Indian- IN THE HOUSE OF REPRESENTATIVES f apolis. Our once sleepy, urban center is now Tuesday, July 17, 2012 an attractive and pedestrian friendly destina- IN MEMORY OF L.A. CIVIL RIGHTS tion, complete with highly-regarded attractions Mr. SMITH of Washington. Mr. Speaker, I ACTIVIST WILLIS EDWARDS like the Indianapolis Cultural Trail, Victory rise to honor the Croatian musical heritage Field, White River State Park, and the Eiteljorg group, Ruzˇe Dalmatinke from Seattle, Wash- HON. LAURA RICHARDSON Museum, along with first-class accommoda- ington, for being featured in the Homegrown OF CALIFORNIA tions for visitors on any budget. Ms. Zahn’s Concert Series at the Library of Congress’ IN THE HOUSE OF REPRESENTATIVES ability to communicate her vision helped make American Folklife Center. Tuesday, July 17, 2012 The American Folklife Center at the Library the construction of world-class facilities like Ms. RICHARDSON. Mr. Speaker, today I Lucas Oil Stadium, Circle Center Mall, and the of Congress sponsors various programs throughout the year to celebrate and present rise to honor the memory of Willis Edwards Indiana Convention Center a reality. who died on July 15, 2012, after waging a val- Tamara Zahn was one of the principal driv- different cultural traditions to the American people. This summer, Ruzˇe Dalmatinke per- iant battle against cancer. He was 66. For ers of this remarkable transformation. Over the more than forty years, Willis Edwards served past 19 years, she has galvanized the respec- formed Traditional Croatian Singing. Lead vocalists and sisters, Binki Franulovic his community and the nation as a soldier in tive talents and resources of private enterprise Vietnam, as an academic support specialist at and federal, state, and local officials for the Spahi and Alma Franulovic Plancich, immi- grated to the United States with their family the University of Southern California, as a civil purpose of revitalizing our city. rights activist and community organizer, as the Ms. Zahn’s incredible success is testament after World War II. The sisters have sung together since their childhood and were inspired long-time president of the Hollywood/Beverly to her skill and vision as an urban planner, Hills Chapter of the NAACP, and a trusted ad- leader and innovator. Her considerable to form the Ruzˇe Dalmatinke in 1981. The group has passionately shared their Croatian visor to presidential candidates. achievements have not gone unrecognized. Born in Texas in 1946, Mr. Edwards was heritage, lifestyle, and music in Washington She has been named one of the ‘‘Most Influ- raised in Palm Springs and attended California ential Women in Indianapolis’’ and was award- State since. Mr. Speaker, it is with great honor that I rec- State University at Los Angeles, where he was ed the prestigious Sagamore of the Wabash elected the first African American student body award. ognize Ruzˇe Dalmatinke for being featured in the concert series hosted by the Library of president in the school’s history. After gradua- Today, I ask my colleagues to join me in tion Mr. Edwards was drafted into the U.S. honoring Tamara Zahn for her exceptional Congress. Ruzˇe Dalmatinke has shown incredible devotion to Croatian musical heritage Army and sent to Vietnam where he was service to Indianapolis. awarded a Bronze Star. Upon his honorable f by performing and sharing all around the United States. discharge, Mr. Edwards served as Director of Black Student Services at USC. IN RECOGNITION OF THE 100TH AN- f NIVERSARY OF WEST TECH HIGH Mr. Edwards’ political activism in national SCHOOL IN HONOR OF SEYMOUR ‘‘SY’’ politics began with Robert F. Kennedy’s his- POLLOCK toric 1968 presidential campaign. Through his dealings with the Democratic Party, he be- HON. DENNIS J. KUCINICH came a supporter and friend of Los Angeles’ OF OHIO HON. JOE COURTNEY first black mayor, Tom Bradley, who later ap- IN THE HOUSE OF REPRESENTATIVES OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES pointed him to the city’s Social Service Com- Tuesday, July 17, 2012 mission in 1973. Tuesday, July 17, 2012 Mr. KUCINICH. Mr. Speaker, I rise today in In 1982 Mr. Edwards was elected president recognition of the 100th anniversary of West Mr. COURTNEY. Mr. Speaker, I rise today of the NAACP’s Beverly Hills/Hollywood Tech High School. to congratulate Seymour Pollock, who was branch. He played a major part in getting the West Tech opened its doors to 224 students raised in Brooklyn, Connecticut in my Con- group’s Image Awards, a gala that honored on February 15, 1912. In 1931, with an enroll- gressional District and turned 100 years old on African Americans who worked in front of and ment of 4,000 students, West Tech was distin- July 8th. Known by his friends and family as behind the camera in Hollywood, televised on guished as the largest school in all of Ohio. ‘‘Sy,’’ he is a straightforward man with a com- NBC. He also played a leading role in Rev- West Tech graduated more than 40,000 stu- plicated backstory. Losing his mother as a erend Jesse Jackson’s 1988 presidential cam- dents between 1912 and 1995, when it closed young boy, he and his two brothers spent paign. as an operational high school. much of their childhood separated. The finan- Mr. Edwards played a major role in securing West Tech is known for offering the first cial burden of caring for three sons forced his national honors for Rosa Parks; friends say driver’s education classes and the first auto father to place his kids in foster homes, where that was his proudest accomplishment. He mechanics, aircraft radio operations and repair Sy suffered abuse. Continued domestic insta- helped to arrange for the civil rights hero to be metallurgy classes in the nation. Its news- bility prompted Sy to leave home and stow seated next to First Lady Hillary Rodham Clin- paper, The Tatler, became a nationally and away on a cruise ship when he was 16. When ton during the 1999 State of the Union ad- internationally recognized student publication. he was discovered hiding on board, the teen- dress. He also helped secure for her the Con- The high school closed its doors to students ager told the Captain that his name was Sey- gressional Gold Medal, and for her casket to in 1995, and the facility re-opened in 2004 as mour, to which the captain replied ‘‘Well, now lie in repose in the Rotunda of the Capitol. a 189-unit apartment building, named the you are going to see less.’’ Sy worked in the It is easy to forget that among all Mr. West Tech Lofts. galley until they returned to port. Edwards accomplishments in the civil rights To celebrate the 100th anniversary, West During World War II, Sy served in the and political arenas, he was also battling a Tech will be opening up the public school for United States Army, where he cleaned and re- very personal struggle with HIV. The disease the first time since its conversion to the lofts. paired semi-automatic weapons for the troops nearly took his life 15 years ago, but he mirac- A week of celebratory events will be hosted on the frontlines. His unit was responsible for ulously recovered with the help of new drugs. between July 17th and the 21st and will fea- setting up the coastal defense for what is now In a 2001 speech to the NAACP he went pub- ture memorabilia and special exhibits as well Battery Park in New York. After the war, Sy’s lic about his experience living with HIV. He as tours and alumni speakers. father bought a building in the Bronx and helped to tear down barriers in order to have Mr. Speaker and colleagues, please join me opened up a business there selling and repair- a frank conversation about the disease within in recognizing the 100th anniversary of West ing cash registers. He and his brothers even- the African American Community, where it Tech High School. tually ran that business together. was still regarded as a taboo subject by many.

VerDate Sep 11 2014 15:04 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E17JY2.000 E17JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11486 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 17, 2012 Mr. Speaker, with the passing of Willis It is my intention to offer an amendment on military readiness, mission strength, or our Edwards, this country has lost a great man H.R. 5856 to reduce Pentagon spending for troops’ ability to defend our Nation. and leader. My home state of California and military bands and performances for fiscal Unless cuts are made, the Pentagon is on county of Los Angeles has lost a champion year 2013 from $388 million to $200 million. track to spend more than $4 billion over the and fighter for civil rights and equal oppor- The $188 million reduction would be applied to next decade on military music. It is uncon- tunity. I have lost a dear friend. the deficit reduction account established in scionable to borrow billions from China to fund I ask a moment of silence to honor the H.R. 5856. deficit spending on the Defense Department’s memory of Willis Edwards. Earlier this year on H.R. 4310, the National massive musical budget. f Defense Authorization Act of 2013, the House I urge all of my colleagues to support the H.R. 5856—DEPARTMENT OF approved an amendment I offered to limit McCollum Amendment to cut military musical DEFENSE APPROPRIATIONS ACT spending on ‘‘military musical units.’’ The spending by $188 million and apply those amendment stated, ‘‘Amounts authorized to be funds to deficit reduction. HON. BETTY McCOLLUM appropriated pursuant to this Act for military musical units (as such term is defined in sec- f OF MINNESOTA tion 974 of title 10, United States Code) may IN THE HOUSE OF REPRESENTATIVES not exceed $200,000,000.’’ AMENDMENT REGARDING FOR- Tuesday, July 17, 2012 I do not want there to be any misinterpreta- MERLY USED DEFENSE SITES Ms. MCCOLLUM. Mr. Speaker, tomorrow tion or mischaracterization of my intentions H.R. 5856 DEPARTMENT OF DE- the House will start debate on H.R. 5856, the when I offer my amendment. My goal is to re- FENSE APPROPRIATIONS ACT Department of Defense Appropriations Act of duce military musical units, not military per- 2013. In this bill, $388 million is to be appro- sonnel in a role essential to our national secu- priated for military bands and musical perform- rity. HON. EARL BLUMENAUER ances. This is a stunning amount of taxpayer This is a time of tough choices. My House OF OREGON funds to be spending on military music at time Republican colleagues have decided to protect IN THE HOUSE OF REPRESENTATIVES and shield millionaires and billionaires from of fiscal crisis and tough choices. While the Tuesday, July 17, 2012 Pentagon’s 140 bands and over 5,000 full-time any increase in Federal taxes commensurate musicians carry on a time honored and noble with their wealth to help reduce the deficit. In- Mr. BLUMENAUER. Mr. Speaker, tonight I tradition of military music, this level of spend- stead, they have targeted domestic programs offer an amendment to H.R. 5856 that would ing on a military function that does not directly for cuts making children, seniors, low-income reduce spending on ‘‘Operation and Mainte- enhance national security is unsustainable. At families, and communities all across the coun- nance, Defense Wide’’ account by a time of trillion dollar budget deficits, Con- try to shoulder the burden of deficit reduction. $88,952,000 and increase spending on the gress needs to act to significantly reduce tax- Now it is the Pentagon’s turn to experience ‘‘Environmental Restoration, Formerly Used payer funding of military bands. some budget cuts that do nothing to reduce Defense Sites’’ account by an equal amount.

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